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JAMES MYERS,
Plaintiff-Appellee,
v.
CITY OF CENTERVILLE, OHIO,
Defendant,

WAYNE DAVIS; MATTHEW BROWN,
Defendants-Appellants.
   No. 21-3850
Appeal from the United States District Court for the Southern District of Ohio at Dayton.
No. 3:20-cv-00402—Michael J. Newman, District Judge.
Argued: April 28, 2022
Decided and Filed: July 21, 2022
Before: SUHRHEINRICH, MOORE, and CLAY, Circuit Judges.


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OPINION
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By nearly all accounts, James Myers was a model employee for the City of Centerville, steadily climbing the Police Department’s ranks over three decades to become a detective sergeant. In 2015, however, Myers started causing headaches for the City’s bigwigs—in a smalltown, Frank Serpico sort of way. He reported several serious allegations of misconduct among the Department’s upper brass, some of which have yet to be fully investigated. He also stood up for an acquaintance in the Public Works Department, whom he thought the City had unfairly fired. The City returned the favor, suspending Myers without pay for five days. Not long thereafter, the City fired Myers, allegedly for secretly recording a meeting between him, City Manager Wayne Davis, and Police Chief Matt Brown. Myers sued the City, Davis, and Brown, alleging a First Amendment retaliation claim under 42 U.S.C. § 1983 and several state-law claims.

The defendants moved for judgment on the pleadings, arguing (among other things) that Myers failed to state a claim and that Davis and Brown are entitled to qualified immunity and statutory immunity under Ohio law. The district court summarily denied the motion, which Davis and Brown now appeal. We hold that the district court erred by failing to meaningfully analyze their assertions of immunity at the pleadings stage, but we affirm after concluding that Myers plausibly alleged a First Amendment retaliation claim and that the defendants are not yet entitled to qualified or statutory immunity.