⚖ Oral Arguments, with Context

The Fifth Circuit hears Johnson versus Miller. Mark Johnson, the former general manager of Clarksdale Public Utilities, says its five-member commission suspended and fired him because he threatened to report alleged misconduct to Mississippi's state auditor. He sued under the Mississippi Whistleblower Protection Act and the First Amendment. Both claims turn largely on causation: did his threatened report lead to the firing, or would the commission have fired him anyway? The district court granted summary judgment to the commission, ruling that no factual dispute required a trial. Joel Dillard of Joel F. Dillard, P.A., represents Johnson. He will argue that the timing, commission records, and testimony could let a jury find retaliation. LaToya Merritt of Phelps Dunbar represents the commission and commissioners George Miller and Donald Mitchell. She will argue that an independent investigation found legitimate reasons for firing Johnson, and that he did not show retaliatory motive by a majority of the five-member commission.

Johnson v. Miller (No. 25-60576) — U.S. Court of Appeals for the Fifth Circuit, argued August 6, 2026.