The Post reports that an interesting First Amendment case involving a police officer providing information to a reporter was reinstated after a lower court threw out the case.
[Michael] Andrew, a Baltimore Police major, gave the Sun a memo in which he questioned whether police used excessive force in the shooting of Cephus Smith, who had barricaded himself in his apartment after killing his landlord. Andrew was rehired after filing his lawsuit in 2004 and is now a police lieutenant colonel. A lawyer for Andrew, Howard B. Hoffman, called the 4th Circuit decision “an outstanding win for public employees who are fed up with wrongdoing in their agencies.”
The opinion is here.
Judge Andre Davis, author of the lower court opinion, was recently nominated to the 4th Circuit, according to this report.