Close Menu
California Employment Lawyer
  • Employment
  • Civil Rights
  • Healthcare
Helping You Navigate Workplace Issues in California

Employee’s Testimony Constitutes Protected Activity

Brannon, et. al. v. Finklestein (June 2014) involved an appeal of granting summary judgment in favor of the employer as to Brannon’s claims of retaliation for his constitutionally protected testimony about a state judge. Brannon was employed as a forensic psychologist for the Broward County Public Defender’s office, working for the Public Defender, Finklestein. In 2007, Brannon testified regarding charges against Judge Aleman, and allegations that she mistreated a criminal defendant. He testified Judge Aleman was not hostile toward him as a witness. Finklestein testified he was disappointed upon learning of Brannon’s testimony. Brannon then began receiving less work from the Public Defender’s office. Finklestein sent an email to an assistant in 2009 that Brannon would professional suffer “death by 1000 invisible cuts. Withering on the vine, pinner and wriggling on the wall with no target or issue or martyrdom for him to seek sanctuary.” Finklestein then ordered Brannon was removed from expert selection. Vacating the district court’s grant of summary judgment, the 11th Circuit held a reasonable fact-finder could conclude that Finklestein was subjectively motivated to reduce Brannon’s hours, and did so, because of his testimony. The 11th Circuit affirmed the judgment by the district court that Finklestein had qualified immunity in an individual capacity.

  • Beverly Hills Map 3900 W. Alameda Ave. Suite 1200, Burbank, CA 91505
Local 213-377-5200 Toll Free 877-907-2688
* Cathleen Scott is licensed to practice in Florida only.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from

MileMark Media - Practice Growth Solutions

© 2017 - 2018 Scott Wagner & Associates, P.A. All rights reserved.
This law firm website is managed by MileMark Media.