A federal appeals court reinstated a forensic psychologist’s employment lawsuit claiming he was blacklisted by Broward Public Defender Howard Finkelstein after testifying in favor of a judge at her ethics hearing.

The U.S. Court of Appeals for the Eleventh Circuit, while reversing summary judgment Wednesday in favor of the public defender, upheld the lower court decision that Finkelstein was individually immune from liability in the retaliation suit brought by psychologist Michael Brannon.