In Yahnke v. Kane County, an Illinois deputy sheriff was terminated after he continued to hold a second job despite being asked to discontinue the work. The deputy sheriff believed the termination was due to his potential run for Sheriff and his political affiliation. The Seventh Circuit agreed, finding the deputy sheriff was entitled to a trial.
Seventh Circuit Finds Illinois Deputy Sheriff Was Retaliated Against After Termination for Moonlighting
Pennsylvania District Court Denies Qualified Immunity For Police Commissioner Who Terminated Officer After Filing a Grievance
In Rossiter v. Ramsey, a Philadelphia police officer was terminated for alleged overtime abuses and then subsequently reinstated following an arbitration hearing. After his reinstatement, the officer brought charges that he had been retaliated against for exercising his First Amendment right to associate by his police commissioner. The commissioner argued qualified immunity and moved for summary judgment.
Seventh Circuit Holds That A Milwaukee Deputy Union Vice President Failed To Prove A First Amendment Employment Retaliation Claim
In Graber v. Clarke, the U.S. Seventh Circuit Court of Appeals held that a deputy sheriff sergeant, who was also the Union Vice President, failed to prove a First Amendment employment retaliation claim under 42 U.S.C. §1983 against the County of Milwaukee and its Sheriff. The Seventh Circuit stated that even though he had presented union complaints he had failed to “establish a causal connection between his constitutionally protected speech and an adverse employment action.”
Against Illinois Police Union President’s Who Made Shooting Threats Loses First Amendment Retaliation Claim
In Kafka v. Grady, the U.S. District Court for the Northern District of Illinois granted the employer’s summary judgment motion against a former police officer and union president’s First Amendment retaliation claim. The court held that the timing of the officer’s union speech and his alleged deprivations were too attenuated to find that the union speech was a motivating factor behind any adverse employment action.
U.S. District Court Dismisses Illinois Police Union President’s Suit Alleging Retaliation Following Union Endorsement in Mayor’s Race
In Schmalz v. Village of. Riverside, the U.S. District Court, Northern District of Illinois dismissed a Police Union’s Presidents which hadalleging retaliation in violation of the First Amendment. The officer alleged that the Village and its officials failed to promote him based on his union activity and endorsement of a former trustee for mayor in the Village election. The court held that the officer had “sufficiently proved a connection between the political activity and the failure to promote.
Mississippi District Court Finds Correction Officer Can State a Claim for First Amendment Retaliation Following Her Termination after Testifying Against Supervisors
By: Erica Shelley Nelson and Sarah Burke
In Lott v. Forrest County, a corrections officer sued the county sheriff’s department and her supervisors alleging she experienced a retaliatory transfer and was ultimately terminated following her testimony at a trial against her supervisors. A Mississippi district court found that the officer could survive a motion for summary judgment on her claim for First Amendment retaliation because her transfer and termination occurred after her testimony and because of her supervisors.
Ninth Circuit Finds Two San Jose Police Officers Have Triable First Amendment Claim After Speaking Out About Time Sheet Fraud
In Hernandez v. City of San Jose, two police officers alleged they experienced adverse employment actions in violation of their First Amendment rights after one of the officers reported time sheet fraud. The City conceded the fraud reports were protected by the First Amendment but claimed there was no evidence that the report led to an “adverse action” against the officers. The Ninth Circuit rejected the City’s claim that was entitled to summary judgment, finding that unresolved issues existed that warranted a trial.
Michigan African-American Officer’s Racial Discrimination Claim Barred After He Was Terminated For Fraudulently Issuing Traffic Ticket
By Erica Shelley Nelson and Harrison Owens
In Burns v. City of Saginaw, the Sixth Circuit Court of Appeals affirmed a Michigan District Court’s dismissal of an African-American police officer’s claim for retaliation against his employer after he was terminated for issuing a fraudulent ticket. In his complaint, the officer claimed that he had been terminated in retaliation for filing a complaint with the EEOC, and that the police chief of his Department, who is white, used a racial slur against him in relation to his EEOC complaint. The Court dismissed his claim on summary judgment on the grounds that the officer’s EEOC complaint was actually filed following the citizen complaint relating to the fraudulent ticket, a white officer had similarly been terminated for filing a false accident report, and the police chief’s alleged racial slur was hearsay.
By Erica Shelley Nelson and Brennen Johnson
In Williams v. Silver Spring Volunteer Fire Department, the U.S. District Court in Maryland denied a Fire Department’s motion for summary judgment against a volunteer firefighter claiming that the Department retaliated against her for engaging in protected speech. Specifically, the volunteer firefighter alleged that one of her supervisors publicly berated her for filing a sexual harassment charge against him with the Equal Employment Opportunity Commission (EEOC) and that this public humiliation violated Title VII. Although the Department argued that the volunteer firefighter did not suffer any “adverse employment actions” within the meaning of Title VII, the Court determined that the public shaming was sufficient to constitute an adverse action because it might dissuade an employee from exercising her Title VII rights.
Police Chief May Be Personally Liable for Arresting a Subordinate Officer in Retaliation for His Politics
By Erica Shelley Nelson and Brennen Johnson
In Williams v. City of Alexander, the U.S. Court of Appeals for the Eight Circuit affirmed a decision to deny qualified immunity to an Arkansas Police Chief who allegedly had a subordinate officer arrested in retaliation for supporting the City’s mayor. Although qualified immunity usually protects public officials from personal liability for actions carried out in their official roles, the Court determined that the Chief could not assert qualified immunity for withholding exculpatory information in an arrest warrant of an officer as a means of retaliating against the officer’s political alignment.