Dorothy King, R.N. and Patricia Battle, R.N., et al. v. Virginia Betts,, Commissioner of the Tennessee Department of Mental Health and Developmental Disabilities, in her Individual Capacity, et al

This is a 42 U.S.C. § 1983 claim based on alleged etaliation in violation of the First Amendment. Appellant claims that Appellees retaliated against her in her employment for speaking out against a hospital policy. Appellees assert the defense of qualified immunity. Appellant appeals from the trial court’s decision to grant summary judgment and judgment on the pleadings to the Appellees. Finding that there are material issues of fact in dispute, we reverse the trial court’s grant of summary judgment. Further, we find that Appellant has stated a claim upon which relief may be granted and, therefore, reverse the trial court’s decision to grant Appellees’ motion for judgment on the pleadings. Affirmed in part, reversed in part and remanded.