Professional Documents
Culture Documents
April 20.2017
LETTER ORDER
Pursuant to Fcderal Rule of Civil Procedure 56(1)(2). the Court is providing notice that it
is considcring whethcr summary judgment is appropriate based on grounds not raiscd by cither
party.
The Fourth Circuit has held that a First Amcndmcnt rctaliation elaim brought under 42
U.S.c. ~ 19X3 must includc the following three elements: (I) plaintitrs spceeh was protected:
(2) dcfcndant's alleged retaliatory action adversely aflCeted the plaintitrs constitutionally
protceted spceeh: and (3) a causal relationship exists bctween the speech and the defendant's
retaliatory action. Su(/re:: Corp. Ille/us. \'. McGrail'. 202 r:Jd 676. 685 (4th Cir. 2000) (internal
citations omitted).
No. 391-29 at 2.PlaintifTalieges that actions relatcd to the claim that PlaintifTswatted thc
Defendant were in retaliation for the protected speech.
From these laets. there appears to exist. at least. a tenable argument that the speech was
not the but-for cause of the alleged retaliatory conduct bui merely "played a role" along witb
Defendant"s actual belief that he had been swatted hy Plaintiff. Ilowevcr. neither side argued the
causation element at the motion to dismiss stage of litigation and it was only briefly mentioned in
Defendant"s Reply brief
Therefore. it is hereby ORDERED that each side shall submit supplemental bricling. not
to exceed ten (10) pages each. addressing the issue of causation. Defendant' s brief is due within
fourteen (14) days of this Order. Plaintiffwill then have ftHlrteen (14) days Ii'om his receipt of
Dcfendant"s brief to submit his own response. Barring extraordinary circumstances. no
extensions regarding these deadlines will be granted.
Although inlormal. this is an Order of the Court and shall be docketed as such.
S~inCerelY ~
~.
George J. Hazel
/C'-_
United States District Judge