Sheriff Entitled to Qualified Immunity for Retaliating Against Subordinate Who Is in Policymaking Position; But Not for Retaliation after the Subordinate's Demotion

The First Amendment, as interpreted by the U.S. Supreme Court, permits an elected official to retaliate against a subordinate via demotion, firing, or other employment sanctions for the subordinate's speech against the official, provided the subordinate was in a policymaking position.  In Bardzik v. County of Orange, published March 28, 2011, the Ninth Circuit concluded that during the time a county sheriff's lieutenant was a reserve division commander, the lieutenant was a policymaker; and the sheriff was therefore entitled to qualified immunity for allegedly retaliating against the lieutenant for supporting the sheriff's opponent in an election and seeking to undermine the sheriff's policies.  But the sheriff was not entitled to qualified immunity for allegedly retaliating against the lieutenant once the lieutenant was demoted out of his policymaking position.