Orthopedic Surgery would benefit from a change in leadership, or, at the least, improvement in support of the existing leadership."   Jackson remained as chairman until June 30, 1997, and he remains a tenured member of the MCO faculty.9

II.

17
Jackson claims that his chairmanship was not renewed in retaliation for exercising his First Amendment rights.  On appeal, Jackson argues that the magistrate judge erred in granting summary judgment on qualified immunity grounds.  The magistrate judge found that all of Jackson's comments noted above were related to matters of public concern, although the comments were not "the substantial motivating factor" in the non-renewal decision.  The magistrate judge concluded that defendants were entitled to qualified immunity because "defendants could have reasonably believed that they were acting withinhe wrote a letter in support of Mikhail the next day;  on December 15, 1994, Jackson met with Leighton and Mikhail to discuss Jackson's proposal that Mikhail be appointed to the volunteer faculty;  and on January 3-4, 1995, when Jackson says that after he was deceived into thinking Mikhail would be appointed to the volunteer faculty, he told Leighton that he and his faculty would not support Mikhail's appointment to full professor with tenure.  Jackson testified that his primary concern was how he would justify Mikhail's appointment to full professor with tenure to his department, given that Mikhail came "in from the outside and leapfrog[ged] over them," and that Mikhail's department would have about twice as much office space as Jackson's department.  See Chappel