Harlow v. Fitzgerald

Fitzgerald (plaintiff) is dismissed after giving a testimony to the U.S. Congress. At the testimony hearing, he complains about cost overruns.

Fitzgerald files a complaint with the United States Civil Service Commission. The examiner at the Civil Service Commission found that the re-organization at the Air Force was impermissible. The dismissal of Fitzgerald occurred improperly. However, the examiner didn't regard Fitzgerald's termination as retaliatory.

Fitzgerald filed a federal lawsuit for damages (monetary award for the harm he suffered).

• Section_1983_Litigation/Personal_Liability:_Qualified_Immunity#Summary_Judgment_Motions_Before_and_After_Discovery.3B_Discovery_on_Disputed_Factual_Issues