A plaintiff’s own assertions about his official job duties can plausibly establish that his actions were outside the course and scope of his job duties.

“In the context of Garcetti‘s clear instruction, [Plaintiff]’s letter and disciplinary complaint were not created pursuant to his official duties. It is useful to note that [Plaintiff]’s supervisor, Vela, did not ask him, much less require him, to send the letter or to file the disciplinary complaint. [Plaintiff] expressly alleged that he did so “on his own initiative.” He also alleged that he asked Chief Justice Jefferson to “keep the letter confidential” so that no one “at the Thirteenth Court” would know about it. If [Plaintiff], as Vela’s briefing attorney, had an official duty to send the letter or to file the complaint, then why he would have purposely concealed his doing so from her?” Anderson, 2016 WL 6647759, at *10—*11 (footnote omitted).