NLV firefighter’s suit rejected by court

Monday, March 3, 2003 | 8:52 a.m.

CARSON CITY -- A panel of the 9th U.S. Circuit Court of Appeals has rejected a claim by a North Las Vegas firefighter that he was disciplined for exercising his right of free speech to criticize city officials.

The court also ruled against Elmer Skaarup in his claim that he was demoted for suing the city in the first discipline case.

The 2-1 decision on Friday upheld the ruling of U.S. District Judge Roger Hunt who granted a pre-trial summary judgment in favor of the city.

Skaarup was city fire marshal when he criticized Deputy City Manager Patrick Importuna for allegedly discriminating against women employees who were older than 40.

Skaarup was given an eight-day suspension in 1988. City officials said he was suspended because: he made untrue statements; the city fire department was discredited by his statements; the city management was undermined; and the statements impaired the maintenance of discipline.

Skaarup had been disciplined twice before, for abusive speech to an employee and for setting fire to a homeless person's camp and belongings.

He filed his suit in July 1999, claiming his free speech had been violated. Later that year, a consulting firm presented a plan for restructuring city government, including demoting Skaarup to fire inspector. The city council in February 2000 approved the plan.

Skaarup then amended his suit, saying the demotion was in retaliation for his first suit.

Judge John T. Noonan, who wrote the majority opinion, said there is no rule that statements must be true to be covered by the First Amendment.

"But it is equally clear that untruthful information about government is not helpful to the public," he wrote.

He said that Skaarup was taking sides in a bureaucratic fight between the deputy city manager and the fire chief. Noonan wrote that the interest of the city outweighed the right of Skaarup. The court said there was no evidence the city approved the reorganization as a grudge against Skaarup for his first suit.