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Public Employee’s Reports Not Protected Speech Under 1st Amendment

Posted by Daniel Herbert Employee Discrimination
Public Employee’s Reports Not Protected Speech Under 1st Amendment

District court did not err in dismissing plaintiff-police investigator’s § 1983 action alleging that defendant-employer violated his 1st Amendment rights when it terminated him after he refused his supervisor’s directive to alter negative recommendations contained in plaintiff’s reports regarding his investigation into alleged misconduct on part of other police officers. Plaintiff’s speech was not protected speech under 1st Amendment, since plaintiff did not speak as a private citizen when he drafted said reports, where drafting said reports formed part of his official duties in his public job, and where plaintiff was also responsible for revising said reports at direction of his supervisions. Fact that plaintiff may have had good reason to refuse his supervisor’s directive to alter said reports did not require different results.

Davis v City of Chicago, No. 16-1430 (5/8/18) N.D. Ill., E. Div. Affirmed.

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