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JANET E. MOHNKERN, Plaintiff-Appellant, v. THE PROFESSIONAL INSURANCE COMPANY, f.k.a. PROFESSIONAL INSURANCE CORPORATION, Defendant-Appellee. |
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Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
No. 02-07206—David A. Katz, District Judge.
Argued: June 10, 2008
Decided and Filed: September 8, 2008
Before: MARTIN and BATCHELDER, Circuit Judges; JORDAN, Senior District Judge.
BOYCE F. MARTIN, JR., Circuit Judge. Plaintiff Janet Mohnkern brought suit claiming she was owed attorneys’ fees under Florida law by defendant The Professional Insurance Company. The district court granted the defendant’s motion for summary judgment, and Mohnkern now appeals that decision. We now AFFIRM.
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DENISE HUGHES, Plaintiff-Appellant/Cross-Appellee, v. REGION VII AREA AGENCY ON AGING et al., Defendants-Appellees/Cross-Appellants. |
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Appeal from the United States District Court
for the Eastern District of Michigan at Bay City.
No. 04-10355—Thomas L. Ludington, District Judge.
Argued: July 25, 2008
Decided and Filed: September 8, 2008
Before: MOORE and SUTTON, Circuit Judges; ALDRICH, District Judge.
KAREN NELSON MOORE, Circuit Judge. Plaintiff-Appellant/Cross-Appellee Denise Hughes (“Hughes”) appeals the dismissal of her lawsuit against Defendants-Appellees/Cross- Appellants Region VII Area Agency on Aging (“Region VII”), Region VII Executive Director Bruce King (“King”), and Region VII Assistant Director Drew Orvosh (“Orvosh”). Hughes claims that Region VII, King, and Orvosh (collectively, “Defendants”) retaliated against her exercise of First Amendment rights when she received a two-day suspension in July 2004 after a conversation with a co-worker and when she was terminated on August 6, 2004, from her position as a Program Coordinator at Region VII allegedly due to her discussions with a local newspaper reporter. Hughes later amended her complaint to include allegations that Defendants violated the Fair Labor Standards Act (“FLSA”).
In March 2006, the district court denied Defendants’ motion for summary judgment, ruling that Region VII is subject to suit under 42 U.S.C. § 1983. Hughes v. Region VII Area Agency on Aging, 423 F. Supp. 2d 708 (E.D. Mich. 2006); Joint Appendix (“J.A.”) at 578-600. In February 2007, the district court ruled that Hughes’s FLSA claim was barred by the statute’s two-year statute of limitations but ordered additional briefing regarding Hughes’s First Amendment claim and whether her FLSA claim was timely under a “continuing violation” theory. J.A. at 1155-57 (Feb. 22, 2007, Order at 4-6). In April 2007, the district court granted Defendants’ motion for summary judgment, ruling that Hughes’s First Amendment claim failed because none of her alleged speech involved a matter of public concern. J.A. at 1369, 1377-79 (Op. & Order Granting Summ. J. at 5, 13-15). The district court also ruled that Hughes’s FLSA claim was untimely and dismissed the claim with prejudice. J.A. at 1369 (Op. at 5).
Hughes now appeals as to both her First Amendment and FLSA claims, and Defendants cross-appeal the district court’s ruling that Region VII is a state actor and subject to suit under 42 U.S.C. § 1983. For the reasons discussed below, we AFFIRM the district court’s ruling that Region VII is subject to suit under § 1983. Because we conclude that Hughes’s speech did relate to a matter of public concern and that Hughes’s FLSA claims were timely, we REVERSE the district court’s grant of summary judgment as to her First Amendment claim and the district court’s dismissal with prejudice of her FLSA claims, and we REMAND for further proceedings consistent with this opinion.