The U.S. Court of Appeals for the Sixth Circuit has recently distinguished what counts as a “state action” by a public official versus a “personal action,” in a ruling that affirmed summary judgment for the city manager of Port Huron, Michigan.

James R. Freed, appointed city manager in 2014, listed his title on Facebook as a father, husband, city manager and chief administrative officer for the citizens of Port Huron. When appellant Kevin Lindke, a resident, posted comments criticizing Freed’s posts about the city’s public health measures, Freed deleted the comments and blocked Lindke.