The 10th Circuit Court of Appeals threw out the summary judgment granted to the Unified Government of Wyandotte, returning the case to the lower court for further proceedings.

The appeals court said Friday Max Seifert’s testimony on behalf of the motorist was constitutionally protected speech. It found sufficient evidence to support his allegations that actions his employer took by removing him from investigations and revoking his commission were retaliatory.

The case stems from an investigation Seifert conducted of Drug Enforcement Administration agents involved in a 2003 road-rage incident that left a man with permanent brain damage.