Full opinion text
STEPHEN H. ANDERSON, Circuit Judge. Plaintiff Sheldon Wulf commenced this 42 U.S.C. § 1983 action against his former employer, the City of Wichita (the “City”), and against the City Manager and the Chief of Police, alleging that his dismissal from the police force because of a letter he wrote violated his First, Fifth, and Fourteenth Amendment rights. After a trial to the court, Wulf was awarded damages of $702,642.95, allocated as follows: $250,000 for emotional distress, $242,465.95 for back pay, and $210,177.00 for front pay, in lieu of reinstatement. The district court additionally assessed $50,000 in punitive damages against the Chief of Police alone. Wulf’s counsel was awarded $272,725.15 in attorneys’ fees and $7,676.70 in costs. Defendants appeal, challenging the finding of liability, the amount of damages awarded, and the attorneys’ fees. We affirm in part, reverse in part and remand. BACKGROUND Wulf’s employment as a police officer with the City began on March 1, 1966, and continued until his termination on April 21, 1981. During that time his personnel record reveals that he was a competent and satisfactory employee. In May 1978, he was promoted to Lieutenant and as such became a supervisory employee. At all times relevant to this appeal, defendant Richard LaMunyon was the Chief of Police and defendant Gene Denton was the City Manager of Wichita. Wulf joined the Fraternal Order of Police (“FOP”) in 1974, and thereafter served as President of the local and state FOP lodges. He was a member of the Executive Board of the state FOP lodge for eight years. The record in this case amply supports the district court’s conclusion that, commencing at least in 1978, “[tjhere were problems between the F.O.P. and Chief La-Munyon.” Wulf v. City of Wichita, 644 F.Supp. 1211, 1214 (D.Kan.1986). In September 1978, there was a one week strike by 163 Wichita policemen which, while not officially sanctioned by the FOP, included some FOP members. Wulf did not participate in the strike. Following the strike, LaMunyon did not rehire 28 policemen who had participated in it. Relations between LaMunyon and the FOP were further strained by a stag party held in September 1979 at the FOP’s private club. Activities at the stag party included the showing of a pornographic movie, nude dancing, and gambling. Various state liquor laws were violated. Wulf did not attend the party nor did he participate in its organization. Reports on the stag party appeared in the local news media. LaMunyon ordered an investigation into the party, fired the local FOP President and Secretary, demanded a public apology by the event’s organizers, and asked the local FOP to turn in its private club license, which it ultimately did after an investigation by the Kansas Division of Alcoholic Beverages Control. Wulf, as well as six other supervisory officers, testified that, in the months following the stag party, they received suggestions from superior officers that they resign from the FOP. Those superior officers in turn denied making such suggestions, although a few did state that they had conversations with Wulf and others concerning a perceived conflict of interest between being a supervisor and belonging to the FOP, but that no one was directed to resign from the FOP. Wulf said that he had conversations with other officers concerning similar suggestions from superiors and at one point spoke on television about them. Wulf recorded these conversations in a notebook. LaMunyon conceded that if there was a rumor “from the brass, that it’s not healthy for your career here in the Police Department if you belong to the FOP,” it would have a “chilling effect” on FOP membership. R.Vol. V at 210-12. He denied having any interest in dissolving or weakening the FOP and testified that he had a good relationship with the FOP and that he viewed it as an important part of the police department. He also testified that membership in the FOP was never a consideration in promotion decisions. He conceded, however, that he was correctly quoted in a newspaper article appearing on November 22, 1981 as saying “To say the relationship between current FOP leadership and myself is strained is somewhat of an understatement. The fact of the matter is I don’t speak to them.” R.Vol. XXVI at 92. The district court specifically found that “LaMunyon’s testimony on the witness stand that he had a good relationship with the local F.O.P. is not credible and at best reflects his own subjective opinion.” Wulf 644 F.Supp. at 1214. On October 5, 1979, Wulf’s attorney wrote a letter to LaMunyon, alleging that “recent well-publicized problems have apparently led high-ranking officers in your Police Department to demand resignations from some members of the FOP,” and charging that such conduct violated the First Amendment. Plaintiffs Ex. 8, Appellants’ Addendum of Exhibits at 1. LaMu-nyon testified that, after receiving the letter, he “called the staff together, the Deputy Chiefs and the Majors, and asked if anyone was doing it. They said no. And I said if you are, knock it off. You can’t do it.” R.Vol. V at 89. LaMunyon responded to the letter with his own letter dated October 9, in which he denied ever personally suggesting that anyone resign or refrain from joining the FOP, and indicated that he had directed his staff to make no such suggestions. In August of 1980, Wulf was transferred laterally to the Records Department. La-Munyon testified that such transfers were sometimes used as a “form of discipline.” R.Vol. V at 81-82. The record indicates that, along with Wulf’s transfer, eight other promotions and transfers occurred. Plaintiff’s Ex. 1(a), Appellee’s Addendum of Exhibits at 108-09. LaMunyon testified that Wulf was transferred to the Records Department “because of the fact that he was good with details, he did get along with people, and he was a solid supervisor.” R.Vol. V at 83. He testified that Wulf’s membership in the FOP had nothing to do with his transfer. Wulf testified that he believed the transfer was punishment for his refusal to quit the FOP. Wulf’s attorney wrote another letter to LaMunyon, challenging Wulf’s transfer and charging that the transfer “is a direct result of Lt. Wulf’s steadfast belief that he has First Amendment rights and his refusal to quit the FOP.” Plaintiff’s Ex. 10, Appellants’ Addendum of Exhibits at 3. LaMunyon did not answer that letter, and took no further action regarding the allegations contained in it. Wulf did not pursue any available grievance procedures to challenge the transfer, nor did he request a transfer out of the Records Department. He did testify, however, that in August of 1980, he unsuccessfully sought permission to speak to LaMunyon about his (Wulf's) concerns regarding treatment of the FOP. Wulf’s wife, Mary, wrote a letter in October 1980 to the Kansas Attorney General inquiring how “to instigate either a grand jury investigation or an Attorney General’s inquisition into what is thought to be a violation of law by a local city official.” Plaintiff’s Ex. 11, Appellants’ Addendum of Exhibits at 4. Thomas Haney, Deputy Attorney General, in response suggested that she discuss the possibility of summoning a grand jury with an attorney, and indicated that the Attorney General’s office was unable to evaluate the possibility of conducting its own investigation into the allegedly improper activity without more specific details. On the advice of an attorney, Wulf began to prepare a letter to the Attorney General requesting an investigation of certain activities and incidents occurring in the Wichita Police Department. Meanwhile, people within the Wichita Police Department, including LaMunyon, learned of Wulf’s letter. Although the testimony is conflicting as to details of time and place, LaMunyon apparently met with Captain Terry Crisp and Officer Peter Du-bovich at least once or twice in February 1981 to discuss Wulf's letter, which Dubo-vich believed had already been sent to the Attorney General. Dubovich testified that when he told LaMunyon of the contents of the letter, LaMunyon responded “If that’s the case, I’ll have his ass.” At trial, LaMu-nyon could not recall making that statement. He testified that he was “upset” when he learned of the letter. R.Vol. V at 109-10. Crisp also testified that he did not believe that such a statement was made. R.Vol. XV at 34; R.Vol. XXXI at 878. Du-bovich testified that either Crisp or LaMu-nyon said “if he [Wulf] continues to undermine me or this department, he’s going to be the first 52-year-old policeman or patrolman on the Wichita Police Department.” R.Vol. XXX at 784. LaMunyon and Crisp both denied saying that. Newsreporter Nelson Schock testified that in early March 1981 he talked to Wulf and “just in so many words told Sheldon that he was going to be fired ... because of stuff that was being attributed to him coming out of the department.” Schock Deposition at B9, Appellants’ Supplemental Addendum of Exhibits. Schock testified that information came “directly from the Chief because the conversation I had with him I assumed that Sheldon was going to get fired if he didn’t do things differently.” Id. Schock testified that he had conversations with other high ranking officers that led Schock to believe that “Sheldon’s days were numbered,” id. at BIO, primarily because of “his activity with the Fraternal Order of Police.” Id. LaMunyon testified that he told Crisp to keep him informed of any more details he learned about the letter. Dubovich testified that, a day or so after his meeting with Crisp and LaMunyon, Crisp asked him if he could “lay [his] hands on a copy of the letter.” R.Vol. XXX at 789. Dubovich said Crisp told him “it would probably shed favorable light when it comes time for promotion.” Id. at 790. Crisp denied making any promises concerning promotion. Crisp testified that LaMunyon indicated he wanted a copy of the letter, but denied that LaMunyon ever asked him to have Dubo-vich steal a copy or use subterfuge to obtain a copy. LaMunyon testified that he notified the City Manager’s office and the Attorney General about the existence of the letter. He also said that he visited the Attorney General personally in March 1981, and was told that a copy of the letter would be mailed to him. R.Vol. XXVII at 216, 218. The Attorney General recalled no such visit. There was also testimony concerning Wulf’s activities during this time. Wulf stated that he showed an earlier draft of the letter to several officers who were active in the state FOP. Lieutenant Pat Taylor testified that, in later discussing with Wulf material to be used in the letter, Wulf stated he “would use anything I could to get that son of a bitch.” R.Vol. XXXIV at 1426. Wulf testified that, while he could not remember saying that, “[i]t’s possible that I could have said something that he [Taylor] took to mean that.” R.Vol. VII at 158; R.Vol. XXXIII at 1184. Dave Reavis, the State FOP President in 1981, testified that he “had conversations with Sheldon Wulf where he’s indicated he did not like Chief LaMunyon.” R.Vol. XXXV at 1578. Reporters Schock and Susan Edgerley testified as to the animosity between Wulf and LaMunyon. In February 1981, Wulf showed a copy of the letter to Assistant District Attorney Jim Puntch. Puntch testified that Wulf did not request an investigation. District Attorney Clark Owens testified that his office never received an official request to conduct an investigation, R.Vol. XXX at 828, nor did he recall ever seeing a copy of Wulf’s letter until after Wulf was fired. Puntch testified that, after reviewing the letter, he told Wulf that his office would not be concerned with most of the allegations in the letter, as they were not criminal in nature, and that the one possible criminal matter would be difficult to prosecute. Puntch testified that, after he discussed the letter with Wulf, he told District Attorney Clark Owens that there was nothing in the letter to investigate, inasmuch as any investigations would be conducted by the Attorney General. Owens said that he told LaMunyon on the telephone that he did not intend to file any criminal charges on the basis of the letter. Owens conceded at trial that, had two of the allegations in Wulf's letter proved true, further action would have been “worth pursuing.” Id. at 840-41. The letter was finally personally delivered by Wulf and the state FOP President to the Attorney General’s office on March 6,1981. The letter stated in pertinent part: “We, the Fraternal Order of Police of the State of Kansas, do hereby respectfully request the Attorney General of Kansas to ... accomplish fact-finding investigation and inquisition into the following matters which we feel strongly indicate violations of the laws of the State of Kansas, First Amendment Rights of the United States Constitution, and rulings of the Supreme Court of the United States. 1. That Richard L. LaMunyon, Chief of Police of Wichita, Kansas, has in the past and is now attempting to dissolve the Fraternal Order of Police Organization, Lodge # 5, and in so doing is in violation of the Laws of the State of Kansas including but not limited to 21-3902, 21-3910, 44-803, 44-806(6), 44-808, and 44-890(12) of the Kansas Statutes Annotated and Supplements thereto: A. During the period of time September 1979 and October 1979 a number of lieutenants and captains of the Wichita Police Department were told by superiors that for their own expediency it would behoove them to drop their Fraternal Order of Police membership. 2. That Richard L. LaMunyon, Chief of Police of Wichita, Kansas, while strenuously opposing Fraternal Order of Police activity, and while taking drastic disciplinary measure in regard to the FOP stag party, has to the contrary withheld the filing for prosecution in numerous other cases involving violations of liquor and gambling laws as well as the purchase of an illegal drug by a narcotics officer. These other cases were investigated by police officers, evidence obtained, and in some cases laboratory reports completed and reports written by police officers of the Wichita Police Department. We feel the dismissal of these cases should be investigated by the Attorney General.... 3. That Richard L. LaMunyon ... apparently exempted himself from following the written departmental policy in that he did not request a polygraph test after being questioned by District Attorney Vern Miller in regard to a possible misappropriation of city funds, and the investigation was dropped prior to reaching a proper legal conclusion. 4. That Richard L. LaMunyon ... permits the use of taxpayers’ monies in the providing of printing and materials as well as postage, and the use of police department letterhead on occasion, and permits on a regular basis the printing and materials and time for delivery of a document he personally signs in regard to notification of regular and special meetings of the Wichita Christian Police Officers’ Association.... 5. Gross misconduct on the part of a staff member in the sexual harassment of a subordinate employee.” Plaintiff’s Ex. 21, Appellants’ Addendum of Exhibits at 9. Specific instances of misconduct were alleged under each numbered paragraph. The letter was purportedly from the President of the State FOP, although it bears no signature. Wulf testified that he and his wife wrote it and that the State FOP Executive Board never endorsed the letter, although a draft of the letter was discussed with at least several members. Wulf further stated that when he delivered the letter, he asked the Attorney General’s office to investigate it and to keep his involvement confidential. Deputy Attorney General Thomas Haney testified that Wulf and Reavis were “insistent on confidentiality” and that he was therefore “surprised” when a newspaper reporter called him a few days later to verify the existence of the letter. Wulf testified that he based the allegations in the letter on various conversations with other police officers and with the people named in the letter and on personal knowledge. With regard to Paragraph IE, concerning officers allegedly canceling their FOP membership near the time that they were promoted, he conceded he was not able to determine himself that LaMu-nyon used FOP membership as a criterion for promotion, but that he verified the decline in FOP membership from 1979 to 1980 by checking membership lists. LaMunyon testified that, at the end of March 1981, he received copies of Wulf’s letter at home and at his office. He testified that he received one from the Attorney General, but the Attorney General and his deputy both denied having any communication or contact with LaMunyon and could not recall sending him a copy of the letter until after Wulfs termination. LaMunyon further testified that, after receiving the letter, he notified City Manager Denton’s office and John Dekker of the City Attorney’s office. Denton testified that he had told LaMunyon on several occasions to investigate the validity of the accusations contained in the letter. Denton Deposition at A22, A24, Appellants’ Supplemental Addendum of Exhibits. LaMunyon testified that he could not recall whether he had been told to investigate the validity of the accusations. Denton further testified that he never received a written report from LaMunyon but that LaMunyon told him orally that the accusations were groundless and that the District Attorney and the Attorney General had determined that Wulf’s charges were groundless. Both the Attorney General and his deputy testified that they discussed Wulf’s letter and determined not to pursue any investigation other than a brief check of the alleged liquor law violations by private clubs. Haney testified that, based on a conversation with Assistant District Attorney Puntch, he (Haney) believed that the Wichita District Attorney’s office would be making inquiries into the allegations. Haney testified that, pursuant to the policy of turning over investigations to local authorities, he and Owens or Puntch “mutually agreed that they [the District Attorney’s office] would take over what needed to be done, if anything, on the complaint.” R.Vol. XXXV at 1480-81. Neither Owens nor Puntch recalled any request by the Attorney General to investigate the letter’s allegations, and Owens testified that he had no record in his file of such a request. LaMunyon said that he decided in mid-April to investigate the letter after he was “convinced” that neither the Attorney General nor the District Attorney was going to investigate the letter any further. He testified that he never authorized or directed his Internal Affairs division to investigate the accuracy of the allegations in Wulf’s letter. R.Vol. XXIII at 44; R.Vol. XXXVI at 1771. He also testified that he “had individuals, staff officers primarily, Hicks, Hampton, Crisp, coming to me indicating that this letter was creating problems for them in terms of moral [sic].” R.Vol. XXIII at 26. Hampton testified that the letter was the subject of a “tremendous amount of talk amongst the patrol officers and supervisors.” R.Vol. XXIV at 24. He could not, however, recall any specific names of those involved. He later characterized the talk as “just idle gossip and talk amongst the patrol officers and supervisors.” Id. at 41; R.Vol. XXXVI at 1711. LaMunyon also testified that at various times he talked to news reporters Susan Edgerling, Bill Hirschman and Nelson Schock about Wulf and the letter. R.Vol. V at 132-41. Schock testified that “[i]t was a situation where I think everybody around was talking about it [the letter] ... everyone was talking about it.” Schock Deposition at B22-B23, Appellants’ Supplemental Addendum of Exhibits. Susan Edgerley testified that on April 20, 1981, LaMunyon told her that he had the letter, that he was going to investigate it, and that he was going to call Wulf into his office the next day. She also testified that he was “angry.” She testified that, later that day, she phoned LaMunyon and he characterized the allegations in the letter as “not worth a damn.” LaMunyon testified he did not remember making the latter comment, but said that “[i]t sounds like something I might have said." R.Vol. Y at 171. Edgerley, accompanied by Hirschman, met Wulf and his wife at the Wulfs’ house that evening and were shown a copy of the letter. Both Wulf and his wife testified that the reporters told Mary Wulf that her husband was going to be fired and possibly sued because of the letter. The reporters either denied or could not recall any such statement. The reporters wrote a story concerning the letter, which appeared in the next morning's newspaper. The story summarized the contents of the letter, reported that neither the Attorney General nor the District Attorney planned to investigate the letter’s accusations, that LaMu-nyon intended to investigate the letter, and that LaMunyon characterized the letter’s contents as “not worth a damn.” The morning the story appeared in the newspaper, April 21, 1981, LaMunyon testified that he read the story and decided to commence his investigation immediately. Without any prior warning to Wulf, LaMu-nyon summoned him and two internal affairs investigators to his office. Wulf appeared in LaMunyon’s office at 7:10 a.m. The transcript of the meeting reveals that LaMunyon began by stating in part: “[Y]ou are being questioned as part of an official investigation, police department. I want to further advise you that if you refuse to testify or to answer questions or if you don’t tell us the truth relating to the performance of your official duties or the fitness of your duties you will be subject to departmental charges which could result in dismissal from the police department. At the same time I want to inform you that any information obtained here cannot and will not be used against you in any criminal proceeding.” Plaintiff’s Ex. 22(a), Appellants’ Addendum of Exhibits at 25. Wulf then asked if he had the right to have an attorney present, and was told he did not. Wulf refused to answer any questions concerning the letter unless he was permitted to talk to his attorney. After repeatedly telling Wulf that he had no right to an attorney in an internal administrative meeting, LaMunyon “order[ed]” Wulf to answer his questions. Wulf repeatedly declined “until I talk to my attorney.” Id. at 25-28. LaMunyon then fired Wulf for insubordination. La-Munyon testified that, had Wulf answered LaMunyon’s questions, he probably would have suspended him pending an investigation and that, in light of what LaMunyon later learned about Wulf’s activities, he “probably eventually” would have terminated him. R.Vol. V at 269; R.Vol. XXVII at 359-60. LaMunyon testified that Wulf s termination had “[n]o direct effect on maintaining discipline.” R.Vol. V at 269; R.Vol. XXIII at 63-64. The record reveals no prior acts of insubordination by Wulf. The record also reveals that, for the years 1978 through 1981, no other officer was fired for a first act of insubordination. Officer Pat Taylor testified that, at one point, he was interviewed by Internal Affairs and that he refused to answer questions, but he was not disciplined. R.Vol. XXXIV at 1427. LaMunyon testified that later that morning he contacted Denton to tell him that he had fired Wulf. Denton testified at trial that LaMunyon could only recommend termination, and that technically, Wulf was only suspended until the final decision to terminate him was made by Denton. R.Vol. XXXVI at 1724. Denton told La-Munyon to check with the City’s legal staff and to check the personnel rules and police department regulations to ensure that Wulf had been properly terminated. La-Munyon testified that, later in the day of April 21, he told Denton that he had checked with the legal staff. Denton testified that he then decided to uphold LaMu-nyon’s recommendation that Wulf be terminated. Denton stated that the “only consideration [in his decision to terminate Wulf] was his failure to cooperate ... with an order of a superior officer.” R.Vol. XXII at 10-11. Another newspaper article appeared on April 22, which described Wulf’s termination. LaMunyon testified that he could not remember making any of the statements attributed to him in the article. R.Vol. V at 326-27. LaMunyon then abandoned his investigation into the letter because it “was actually causing a bigger riff within the Police Department.” R.Vol. XXIII at 32-33. He never received a written report from his Internal Affairs division concerning the investigation into the letter. R.Vol. V at 197. He testified that he could not remember the substance of any oral reports from Internal Affairs concerning the investigation into the letter’s allegations. After Wulf received his formal termination notice, he pursued the grievance procedures contained in the City’s Administrative Policy and Procedure Manual. There was a mediation conference conducted by Sam Rothe, the City’s Employee Relations Officer, and attended by Wulf, Wulf’s lawyer, LaMunyon, and an Assistant City Attorney. The mediation failed when Wulf refused to accept anything less than reinstatement with full back pay and rejected an offer to work in any City department other than the Police Department. Rothe then conducted a fact-finding proceeding, in which he interviewed LaMu-nyon and Wulf, reviewed the transcript of Wulf’s termination interview and his termination letter, reviewed Wulf’s personnel file contained in the City’s Personnel Office, and read the newspaper articles concerning the letter Wulf had written to the Attorney General. In his report to Denton, Rothe stated that “[bjoth the Attorney General and ... [the] County Attorney conducted investigations into the allegations [contained in Wulf’s letter].... [and] these investigations were dropped for lack of evidence.” Plaintiff’s Ex. 32, Appellants’ Addendum of Exhibits at 35. He went on to conclude that “[t]here is no doubt Lt. Wulf was insubordinate ... in refusing to cooperate and disobeying a direct order of the Chief....” and he recommended that Wulf’s termination be sustained. Id. at 36. Denton then denied Wulf’s grievance in a letter dated May 28, 1981, in which he stated: “It is obvious your conduct was insubordinate. You refused to cooperate with an internal investigation and then disobeyed a direct order from your superior. For these reasons your grievance is denied.” Plaintiff’s Ex. 33, Appellants’ Addendum of Exhibits at 42. Denton testified that normally, he and Rothe would discuss Rothe’s recommendation, although he could recall no specific meeting with Rothe concerning Wulf’s termination. He further testified he did not review Wulf’s personnel file, as he “didn’t feel it was pertinent.” He also did not review the penalty section for acts of insubordination, contained in the City of Wichita Police Department Rules and Regulations. Wulf appealed that decision to the City Personnel Advisory Board (the “Board”), composed of four private citizens and one City employee. The Board held a hearing on June 30, 1981, in which it heard testimony from Wulf and LaMunyon, reviewed the transcript of the termination interview, and heard opening and closing statements from Wulf’s and LaMunyon’s lawyers. Wulf's attorney, as well as the Board members, questioned both Wulf and LaMunyon. Later that day, the Board sent a letter to Denton, stating in part: “[T]he Board has concurred with the termination of Mr. Wulf for insubordination. The Facts clearly indicated that refusing to cooperate and disobeying a direct order of the Chief of Police was an act of insubordination. The Chief of Police was within City policy and had full authority to terminate Wulf. We believe the actions of Mr. Wulf would be considered good cause for termination in a fair minded, well run business organization.” Plaintiff’s Ex. 41, Appellee’s Addendum of Exhibits at 335. Denton concurred with the Board’s report and findings, and sustained Wulf’s termination. He so notified Wulf by letter dated the same day, June 30, 1981. Plaintiffs Ex. 41, Appellee’s Addendum of Exhibits at 334. Wulf testified that the loss of his job was “very stressful.” R.Vol. VII at 108. He testified that he had been “angry,” “depressed,” “scared,” and “frustrated.” Id. at 110. His wife testified that “he was under a tremendous emotional strain.” R.Vol. XXXIII at 1240. She also testified that they had “tremendous financial difficulty.” Id. at 1244. After he was fired, Wulf applied for several jobs, including the position of Police Chief of Park City, Kansas. LaMunyon testified that when the City Administrator for Park City called him to inquire about Wulf, LaMunyon told him that Wulf “had a reputation for being a good officer, a good investigator” but that “[LaMunyon] personally had some serious problems with [Wulf] in that he had accused [LaMunyon] of basically being a crook, which [LaMu-nyon] took personal exception with, and [that Wulf] had filed a lawsuit against [La-Munyon].” R.Vol. V at 240. He testified at trial that he did not remember telling the City Administrator that Wulf did not have his facts together when he went to the Attorney General’s office, but said that he “might have.” Id. at 241. Wulf did not receive the job of Police Chief of Park City. Schock testified that he spoke with someone in Park City who said “when Chief LaMunyon said that they could not have a good working relationship with the Wichita Police Department or he couldn’t have a good working relationship that Sheldon was not hired.” Schock Deposition at B18, Appellants’ Supplemental Addendum of Exhibits. Unable to find other employment, Wulf began his own private investigation business in the summer of 1982. He testified that the Wichita Police Department interfered with that business by denying him access to the Police Department’s evidence locker because it was “disruptive” for him to go into the Police Department. Wulf testified that, while he would have been eligible to draw retirement at age 55, “ordinarily [he] would have worked through at least the 20 years and possibly on.” R.Vol. XXXII at 1130. Wulf then brought this action under 42 U.S.C. § 1983, alleging that his termination was a violation of his First Amendment right to freedom of speech and of association and to petition government for redress of grievances and his Fourteenth and Fifth Amendment rights to due process and equal protection, He sought declaratory and injunctive relief, as well as money damages. After a trial to the district court, the court held that Wulf failed to show that he had been deprived of a property interest without due process, but that Wulf was deprived of a liberty interest without due process. Wulf v. City of Wichita, 644 F.Supp. 1211, 1221-23 (D.Kan.1986). The court found no equal protection violation. With respect to Wulf’s First Amendment claim, the district court held that Wulf’s letter to the Attorney General involved matters of public concern, and that Wulf’s interest in writing the letter outweighed defendants’ interest in firing him because of it. The court then found that Wulf had met his burden of proving that the letter he wrote was a substantial or motivating factor in the decision to fire him, and that defendants had failed to meet their burden of proving that they would have fired Wulf anyway. The district court held that Wulf had established both LaMunyon’s and Den-ton’s personal liability and that no good faith immunity shielded them. Finally, the court held that the City was liable because Denton and LaMunyon were “the City’s official policy-makers” whose decision, a deliberate choice to terminate Wulf, “formed the basis of the constitutional tort.” Id. at 1226. The court then awarded Wulf front pay in lieu of reinstatement, back pay and lost benefits. The total amount awarded for “back pay, loss of use of income and taxes” was $242,465.95. Id. The court awarded Wulf front pay “calculated at the 1985 rate for a police lieutenant F step until retirement at 65 years of age, with an additional factor for taxes, in the amount of $389,806.42.” Id. at 1226-27. It directed the parties to “clarify ... by way of stipulation” how the award of front pay should be discounted to its present value. Id. at 1227. Ultimately, the court awarded a discounted figure of $210,177.00. The court further ordered: “[I]f at the time of Wulf’s death he is married to Mary Wulf, she shall be entitled to the widow’s benefits provided to all officers with twenty years or more of service. In addition, the City is ordered to contribute its share of the plaintiff’s pension through February 22, 1986, which will allow Wulf to receive the additional pension benefits for completing twenty years of service.” Id. Defendants do not appear to challenge this on appeal. The court also awarded Wulf $250,000,000 for “mental anguish and emotional distress,” finding that he had endured “significant emotional pain and suffering.” Id. Finally, the court awarded $50,000 in punitive damages against La-Munyon alone because “[a]t worst, LaMu-nyon’s conduct was malevolent, at best, it exhibited a callous disregard for Wulf’s constitutional rights.” Id. Subsequently, the court entered attorneys’ fees in favor of Wulf in the amount of $272,725.15 and expenses of $7,676.70. Defendants timely appealed the finding of liability, the award of damages and the award of attorneys’ fees. DISCUSSION I. First Amendment “It is clearly established that a State may not discharge an employee on a basis that infringes that employee’s eonsti-tutionally protected interest in freedom of speech.” Rankin v. McPherson, 483 U.S. 378, 107 S.Ct. 2891, 2896, 97 L.Ed.2d 315 (1987); see also Connick v. Myers, 461 U.S. 138, 142, 103 S.Ct. 1684, 1687, 75 L.Ed.2d 708 (1983); Melton v. City of Oklahoma City, 879 F.2d 706 (10th Cir.1989); Koch v. City of Hutchinson, 847 F.2d 1436, 1440 (10th Cir.1988) (en banc), cert. denied, — U.S. —, 109 S.Ct. 262, 102 L.Ed.2d 250. The “threshold question” in determining whether an adverse employment decision violates the employee’s First Amendment rights is whether the speech at issue is on a matter of “public concern.” Rankin, 107 S.Ct. at 2896-97; Connick, 461 U.S. at 146, 103 S.Ct. at 1689; Koch, 847 F.2d at 1440. If it is, the court must “balance ... the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.” Rankin, 107 S.Ct. at 2896 (quoting Pickering v. Bd. of Educ., 391 U.S. 563, 568, 88 S.Ct. 1731, 1734, 20 L.Ed.2d 811 (1968)). As we will explore more fully below, the truth or falsity of the speech in question is relevant to this inquiry. The inquiry into whether the speech is protected is a question of law, reviewable de novo on appeal. See Rankin, 107 S.Ct. at 2897 n. 9; Connick, 461 U.S. at 148 n. 7, 103 S.Ct. at 1690 n. 7; Melton, 879 F.2d at 713; Koch, 847 F.2d at 1441. Upon a finding that the speech in question is constitutionally protected, the plaintiff must prove that the speech was a substantial or motivating factor in the challenged employment decision. Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 576, 50 L.Ed.2d 471 (1977); Conaway v. Smith 853 F.2d 789, 795 (10th Cir.1988); Saye v. St. Vrain Valley School Dist. RE-1J, 785 F.2d 862, 866 (10th Cir.1986). The burden then shifts to the defendant to show “by a preponderance of the evidence that it would have reached the same decision ... in the absence of the protected activity.” Saye, 785 F.2d at 866 (quoting Childers v. Independent School District, 676 F.2d 1338, 1341 (10th Cir.1982)); see also Koch, 847 F.2d at 1440 n. 11. These latter questions are ones of fact. Id. Consistent with the above framework, we turn first to the question of whether Wulf s letter was on a matter of public concern. Speech on matters of public concern has been defined as speech “fairly considered as relating to any matter of political, social, or other concern to the community.” Connick, 461 U.S. at 146, 103 S.Ct. at 1689. Such speech is contrasted with speech “as an employee upon matters only of personal interest.” Id. at 147, 103 S.Ct. at 1690. This public concern inquiry requires a court to consider the content, form and context of the speech at issue, as revealed by the whole record. Rankin, 107 S.Ct. at 2897; Connick, 461 U.S. at 147-48, 103 S.Ct. at 1690-91; Melton, 879 F.2d at 713. Considering these elements, we hold that Wulf s letter to the Attorney General constituted speech on a matter of public concern. As we noted in Koch, “many courts have particularly focused on the extent to which the content of the employee speech was calculated to disclose wrongdoing or inefficiency or other malfeasance on the part of governmental officials in the conduct of their official duties.” Koch, 847 F.2d at 1445-46 & n. 17 (and cases cited therein); see also Brawner v. City of Richardson, Texas, 855 F.2d 187, 191-92 (5th Cir.1988); Conaway v. Smith, 853 F.2d at 796; McMurphy v. City of Flushing, 802 F.2d 191, 198 (6th Cir.1986); O’Brien v. Town of Caledonia, 748 F.2d 403, 407 (7th Cir.1984); Brockell v. Norton, 732 F.2d 664, 668 (8th Cir.1984). Wulf’s letter alleged interference with the right of supervisory police officers to join the FOP; unfair treatment of the FOP private club vis-a-vis other private clubs; misappropriation and misuse of public funds; and sexual harassment of one officer by a supervisor. As we have indicated, defendants assert that such allegations are either false or trivial or relate to lawful activities. We disagree with defendants’ characterization of the letter. Defendants argue that there was nothing unlawful about LaMunyon’s discouragement of supervisory membership in the FOP, and that in fact such behavior was permitted by the Kansas Public Employer-Employee Relations Act, Kan.Stat.Ann. § 75-4325. By its terms, section 75-4325 permits a supervisory employee to become or remain a member of an employee organization. The parties direct us to no legislative history or cases which might shed further light on the meaning of this section. Accordingly, we are unpersuaded by defendants’ assertion that LaMunyon could lawfully have ordered supervisory employees to leave the FOP. Thus, an allegation of activity contravening a statutory right to belong to a union would clearly be on a matter of public concern. See McKinley v. City of Eloy, 705 F.2d 1110, 1114 (9th Cir.1983) (court found speech on matters of public concern where it dealt with “the working relationship between the police union and elected city officials.”) As to the accuracy of the allegations, while there was conflicting evidence as to the substance or, in some instances, even the occurrence of numerous conversations in which “orders” allegedly discouraging FOP membership were made or discussed, there was sufficient evidence of discouragement of FOP membership by supervisory employees to uphold the district court’s finding that that allegation was substantially correct. Defendants also argue that the allegations of anti-union activity had diminished significance because they were “dreadfully stale.” While defendants correctly point out that virtually all of the specific allegations of discouragement of union membership occurred in late 1979, in the months immediately following the stag party, they overlook other evidence indicating that the problem was on-going. Officer Ray Floyd stated in April 1981 his perception that there was a “general feeling by a lot of people on [sic] the Department that if they are associated with the FOP, their likelihood of being promoted or such is very poor.” R.Vol. XXXV at 1526-27. The decline in FOP membership continued throughout 1980. LaMunyon conceded that a November 22, 1981 newspaper article, in which he was quoted as saying he was not on speaking terms with FOP leadership, was essentially accurate. Viewed as a whole, the evidence supports the district court’s conclusion that the allegations of interference by LaMunyon with the union were substantially correct and were of public concern for First Amendment purposes. We find the other allegations in Wulf’s letter to be on matters of public concern as well, despite defendants’ assertion that they are malicious, false or trivial. It is true, as defendants argue, that some false statements may lose First Amendment protection and it is therefore relevant to consider the truth or falsity of the speech in question. See Pickering, 391 U.S. at 574, 88 S.Ct. at 1737; Solomon v. Royal Oak Township, 842 F.2d 862, 866 (6th Cir.1988); American Postal Workers Union v. Postal Service, 830 F.2d 294, 306 (D.C.Cir.1987); Jett v. Dallas Independent School Dist., 798 F.2d 748, 758 (5th Cir.1986), aff'd in part and remanded in part, — U.S. —, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989); Brasslett v. Cota, 761 F.2d 827, 839 (1st Cir.1985); O'Brien v. Town of Caledonia, 748 F.2d at 407 n. 2. In particular, a knowingly or recklessly false statement is unlikely to be protected under the First Amendment, although the Supreme Court has left open the possibility that even such a statement might merit First Amendment protection where no harmful effects can be shown. See Pickering, 391 U.S. at 574 n. 6, 88 S.Ct. at 1738 n. 6; Brasslett, 761 F.2d at 840. Defendants characterize paragraph 2 of Wulf s letter as “blatantly and maliciously false.” That paragraph alleges that LaMu-nyon vigorously prosecuted the FOP private club for various violations occurring during the stag, but failed to prosecute other private clubs for comparable violations, and failed to pursue an alleged drug sale to a narcotics officer. We find that the record does not support the conclusion that these allegations were “knowingly or recklessly false.” Wulf testified that he based the allegations of that paragraph on conversations he had with other police officers. While Wulf conceded that, when he wrote the paragraph, he did not have evidence that LaMunyon himself was involved in the failure to prosecute the other private clubs, the gist of the allegation was that the FOP private club was more harshly treated than other private clubs for comparable violations. There was evidence that LaMunyon was involved in the severe discipline meted out to the FOP private club. While it may have been proper for LaMunyon to severely sanction a police private club for liquor and gambling law violations, because of his concern about the public image of the police department, we do not view Wulf’s expressed concern about allegedly disparate treatment as maliciously or recklessly or knowingly false. It was a suspicion on his part, which he wished investigated. Such a suspicion, alleging unfair treatment of a union private club, touches upon a matter of public concern for First Amendment purposes. See O’Brien v. Town of Caledonia, 748 F.2d at 407 n. 2 (“It does not matter whether or not O’Brien’s suspicions were subsequently demonstrated to be correct.”); see also Brasslett v. Cota, 761 F.2d at 841; Trotman v. Bd. of Trustees, 635 F.2d 216, 226 (3d Cir.1980), cert. denied, 451 U.S. 986, 101 S.Ct. 2320, 68 L.Ed.2d 844 (1981). Defendants assert that the allegations of paragraph 3 of Wulf’s letter, involving the allegedly improper use of undercover drug fund money by LaMunyon to repay money taken by a police officer from a citizen’s wallet, are misleading because they fail to reveal that the money taken was replaced in the drug fund from the police officer’s next paycheck. They also argue that the letter incorrectly accuses LaMunyon of exempting himself from a departmental polygraph policy, whereas in fact no such policy exists. We agree with Wulf that what makes this incident a matter of public concern is the allegation of concededly improper use of public funds (the undercover drug funds), along with the allegation that La-Munyon attempted to cover up that improper use by stating, in response to an inquiry from the press, that he had repaid from his own pocket the money taken from the citizen’s billfold. Clark Owens, the District Attorney for the City at the time of trial, testified that if he had known that the allegations in that paragraph were true, those allegations would be “worth pursuing.” The fact that the amount of money involved is small and that LaMunyon did not personally profit from the incident does not persuade us that the incident is not of public concern. The allegations still assist the public in “evaluating the performance of” LaMunyon. Connick, 461 U.S. at 148, 103 S.Ct. at 1690. LaMunyon does not dispute the impropriety of his conduct as alleged in Para-graph 4 of Wulf’s letter. Paragraph 5 of Wulf s letter alleged sexual harassment of a subordinate female police officer by Captain Troy Hampton. Allegations of sexual harassment have been found to involve matters of public concern. See Wren v. Spurlock, 798 F.2d 1313, 1317 (10th Cir.1986), cert. denied, 479 U.S. 1085, 107 S.Ct. 1287, 94 L.Ed.2d 145 (1987). In this particular case, while there was conflicting testimony as to whether the alleged incident of harassment happened, there is no indication in the record that Wulf acted recklessly or made a knowingly false statement. At most, Wulf in good faith misinterpreted the nature of the contact he witnessed between the female officer and Hampton. In any event, since we have concluded that the remaining allegations in Wulf’s letter involve matters of public concern, the fact that this latter incident may not, because the evidence that it ever even occurred is disputed, is immaterial. See Connick, 461 U.S. at 149, 103 S.Ct. at 1691; see also Brawner v. City of Richardson, Texas, 855 F.2d at 192 (“[I]t is clear that only a portion of a communication need address a matter of public concern.”). We turn now to balancing Wulf’s interest in writing the letter against the interest of defendants in “promoting the efficiency of the public services it performs through its employees.” Rankin, 107 S.Ct. at 2896 (quoting Pickering, 391 U.S. at 568, 88 S.Ct. at 1734). In performing the requisite balancing under Pickering, we must bear in mind the heightened interest of a police department in maintaining discipline and harmony among employees. See Koch, 847 F.2d at 1452 n. 22 (and cases cited therein); Waters v. Chaffin, 684 F.2d 833, 836, 839 (11th Cir.1982). Pickering directs us to consider a number of factors in balancing the competing interests at stake. “[T]he manner, time, and place of the employee’s expression are relevant, as is the context in which the dispute arose.” Rankin, 107 S.Ct. at 2898 (citing Connick, 461 U.S. at 152-53, 103 S.Ct. at 1692-93). Pertinent considerations include “whether the statement impairs discipline by superiors or harmony among coworkers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker’s duties or interferes with the regular operation of the enterprise.” Rankin, 107 S.Ct. at 2899. Taken together, the above factors reveal that the state’s interest “focuses on the effective functioning of the public employer’s enterprise.” Id. Considering those factors, we find that Wulf’s interest in writing the letter outweighed defendants’ interest in discharging him. While there was some testimony that Wulf’s letter caused controversy among officers and was the topic of conversation, those conversations were also described as “just idle gossip and talk,” and there was no evidence that the letter adversely affected discipline. More importantly, there was evidence that at least some of the allegations in Wulf’s letter, concerning different treatment of the FOP private club than other private clubs and efforts by superior officers to discourage lieutenants and other supervisory officers from belonging to the FOP, were already the topic of discussion and concern before Wulf wrote his letter. To the extent there was controversy and disruption occasioned by the allegations relating to the FOP, those were not entirely caused by Wulf’s letter; rather, they were a partial inspiration for Wulf’s letter. See Solomon v. Royal Oak Township, 842 F.2d at 866. Similarly, the letter did not adversely affect “close working relationships for which personal loyalty and confidence are necessary.” Rankin, 107 S.Ct. at 2899. There was testimony that LaMunyon, the person most directly criticized by the letter, was angry and upset when he learned of the letter, but LaMunyon was not someone with whom Wulf worked closely or regularly. Indeed, Wulf and LaMunyon were separated by the chain of command, and Wulf had to seek permission to speak to LaMu-nyon about Wulf’s concerns about the department. Additionally, Wulf did not address the letter to LaMunyon or to any other person with whom he would have regular contact, and when he did finally deliver the letter to the Attorney General, he insisted on confidentiality. Although Wulf showed drafts of the letter to a few other officers, as well as to Assistant District Attorney Jim Puntch, there is no evidence that his showing the drafts, or the final delivery of the letter, had any impact on his relationship with those other officers or with Puntch or on any other relationships, except that with LaMunyon. There is also no evidence that the letter either demonstrated Wulf’s lack of fitness to perform his duties or “impede[d] the performance of [his] duties.” Id. Indeed, Wulf’s personnel record reveals that he was consistently evaluated as a competent and satisfactory employee. While his evaluation for the year March 1979 through March 1980 (before he wrote the letter) expressed a concern about Wulf distinguishing between the “dual job relations of ... supervisor and FOP office holder,” he nonetheless was evaluated as “competent” in every area and overall. . Finally, there was insufficient evidence that Wulf’s writing of the letter interfered with the police department’s “regular operation.” Rankin, 107 S.Ct. at 2898. LaMunyon’s otherwise essentially unsubstantiated testimony that Wulf’s “loyalty and his trust in terms of the burden placed on him was certainly questionable ... I think it [the letter] had a serious impact in terms of our operation,” does not persuade us to the contrary. There has been some confusion about how much disruption must be shown before an employer may discipline or sanction an employee because of that employee’s protected speech. See Melton, 879 F.2d at 716. Some circuits suggest that a reasonable belief that disruption will occur is sufficient in certain circumstances. See id. at 716 n. 11. However, “purely speculative allegations” are insufficient. Id. Although LaMunyon testified that he felt the letter disrupted the operations of the department, insufficient evidence supporting or demonstrating such disruption was presented. See Key v. Rutherford, 645 F.2d 880, 885 (10th Cir.1981) (“operational efficiency objections to speech must be real and important before they can serve as a basis for discipline or discharge of a public employee.”). In sum, there is simply insufficient evidence that the letter itself interfered with effective functioning of the police department. Rather, the evidence supports the conclusion that Wulf's letter was seeking to rectify malfunctions already present in the department. Additionally, there is no evidence that LaMunyon would ever have realized the impropriety in his use of departmental funds to mail Christian Police Officers’ Association bulletins without Wulf’s letter. See Brawner v. City of Richardson, Texas, 855 F.2d at 192; Marohnic v. Walker, 800 F.2d 613, 616 (6th Cir.1986). Neither Wulf’s position as a police officer, nor the heightened interest of a police department in maintaining discipline persuade us that the balance should tip in favor of the department. We therefore hold that Wulf’s interest in writing the letter outweighed the department’s interest in terminating him because of it. Having concluded that Wulf’s letter was protected speech, we now review the district court’s factual conclusion that Wulf’s letter was a substantial or motivating factor in his termination. See Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977). In resolving this issue, we must distinguish between LaMunyon and Denton. While LaMunyon testified that the decision to terminate Wulf was based solely on his insubordination in refusing to answer questions at the Internal Affairs hearing, there is ample evidence in the record that LaMunyon’s motivation for firing Wulf was the letter that Wulf wrote to the Attorney General. LaMunyon testified to his anger and displeasure when he learned of the letter. Although LaMunyon denied making the statement, there was testimony that, when he learned of Wulf’s letter, LaMunyon said “If that’s the case, I’ll have his ass.” There was also testimony, particularly from Nelson Schock, that Wulf was going to be fired even before he went into the Internal Affairs interview. We agree with the district court’s statement that “[a] fair reading of the interview ... indicates that Wulf remained willing to answer questions if he could have his attorney present.” Wulf, 644 F.Supp. at 1225. LaMunyon’s refusal to permit Wulf to have an attorney present is suspect in view of the testimony of Lieutenant Ken Adamson that he had his attorney present during an Internal Affairs interview. Additionally, no other officer was fired for a first act of insubordination in the four years prior to Wulf’s termination, which suggests that LaMunyon’s recommendation to fire Wulf was pretextual. The Police Department Rules and Regulations do not list termination among the permissible penalties for a first act of insubordination. Those facts were either known or should have been known to LaMunyon. We therefore affirm the district court’s conclusion that Wulf’s letter was a substantial or motivating factor in LaMunyon’s recommendation. We reach a different conclusion with regard to Denton. Denton, like LaMunyon, testified that his decision to terminate Wulf was based upon his conclusion that Wulf had been insubordinate. That decision, in turn, was at least partially based upon the recommendation of two separate persons or bodies — Rothe and the Personnel Advisory Board — each of which conducted a hearing and some kind of investigation, and concluded that Wulf had indeed been insubordinate. In addition, Denton testified that he had directed LaMunyon to investigate the validity of the accusations contained in Wulf s letter and that, at some point prior to his final decision to terminate Wulf, he had been told by LaMunyon that LaMu-nyon and two separate law enforcement agencies had investigated the allegations and found them groundless. That statement was not, in fact, entirely accurate. Similarly, Denton directed LaMunyon to consult with the City’s legal department and to check the applicable City rules and regulations to determine if Wulf’s termination was proper. Again, he was told by LaMunyon that the legal staff had found no problems with the termination, and that the applicable rules and regulations had been complied with. On the other hand, we note that Denton’s investigation into the circumstances surrounding Wulf’s termination was not a model of thoroughness. He knew the nature of the allegations in Wulf’s letter and therefore knew that Wulf had alleged serious misconduct by LaMunyon. Yet he made no effort to independently confirm the status of any investigation into Wulf’s letter, but instead relied in part upon La-Munyon — the object of Wulf’s criticism— and newspapers. He was deferential to LaMunyon’s recommendation that Wulf be terminated, yet he arguably should have been suspicious of, or at least thoroughly questioned, LaMunyon’s recommendation in light of the fact that LaMunyon was the focus of Wulf’s letter. He also made no effort to check on Wulf’s employment history or to check whether termination, rather than some lesser penalty, was more appropriate. Additionally, we are aware that perfunctory consultation with counsel should not automatically insulate government officials from liability. Nonetheless, all of these omissions and oversights amount at most to simple negligence, which cannot form the basis for a First Amendment claim. Considering the evidence as a whole, we cannot say that Denton made the decision to terminate Wulf for the same impermissible reasons as LaMunyon. Thus, Wulf’s protected speech was not a substantial or motivating factor in Denton’s decision and the district court clearly erred in so holding. Wulf has therefore failed to establish a First Amendment claim against Denton. Finally, we consider whether LaMunyon has met his burden of proving that Wulf would have been fired anyway. The district court held he did not and we affirm. Wulf’s personnel record reveals no problems with his performance as a police officer. We agree with the district court that defendants presented no credible evidence that Wulf would have been fired despite the letter. We therefore hold that Wulf’s First Amendment rights were violated when he was terminated for writing the letter to the Attorney General. II. Personal Liability of LaMunyon and Denton Defendants LaMunyon and Denton were sued both in their official capacities and in their personal capacities. The district court found their personal liability was established. In view of our holding that Wulf’s protected speech was not a substantial or motivating factor in Den-ton’s decision to fire him, Denton is relieved of any personal liability. With regard to LaMunyon, we have held that Wulf s protected speech was a substantial or motivating factor in his recommendation to terminate Wulf. We accordingly must consider whether he can be personally liable for the damages flowing from Wulf s formal termination by Denton. We hold that he can. As we discuss more fully infra, only Denton had the actual authority to fire Wulf. LaMunyon’s authority was technically limited to suspending Wulf or recommending his termination. To hold LaMu-nyon personally liable for Wulf’s termination, there must be a causal connection between his recommendation and Wulf’s termination. See Neubauer v. City of McAllen, 766 F.2d 1567, 1577 n. 11 (5th Cir.1985) (and cases cited therein); see also Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985) (“to establish personal liability in a § 1983 action, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right.”). We think the evidence supports the conclusion that LaMunyon “caused” Wulf’s termination. No one disputes that Denton, as well as Rothe and the Personnel Advisory Board, listened to LaMunyon’s recommendation and, to some extent, relied on that recommendation. LaMunyon was sufficiently involved in the entire decision-making process that we can affirm the district court’s finding of personal liability. See Conner v. Reinhard, 847 F.2d 384, 397 (7th Cir.) (“The requisite causal connection is satisfied if the defendant set in motion a series of events that the defendant knew or should reasonably have known would cause others to deprive the plaintiff of her constitutional rights.”), cert. denied, — U.S. —, 109 S.Ct. 147, 102 L.Ed.2d 118 (1988); Miller v. City of Mission, Kansas, 705 F.2d 368, 375 (10th Cir.1983). Having concluded that LaMunyon is personally liable, we now consider whether qualified immunity shields him. III. Qualified Immunity Under Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 27, 73 L.Ed.2d 396 (1982) “government officials performing discretionary functions [are generally shielded] ... from liability for civ