OFFICER WHISTLEBLOWER TO FEDS NOT PROTECTED 1ST AMENDMENT
Plaintiff alleged that he was terminated from his position as a police officer after he informed the FBI that certain officials improperly voided traffic citations that he issued to a third party. A trial court granted the defendant’s motion for summary judgment but the appellate court ruled that the lower court erred in doing so. The appellate court found that the officer’s report to the FBI did not fall within the scope of the officer’s duties and was thus protected under the 1st Amendment since at the time the officer’s report was made he was speaking as a private citizen. Even though the report he made to the FBI bore some relation to his job was not dispositive, because, in order for speech to lack constitutional protection, speech must constitute government work product that was commissioned or created by the employer. Kristofek v. Village of Orland Hills, No. 14-2919 N.D. Ill E. Div.