February 19, 2013 By

9th Circuit Finds Constitutional Property Interest in Arbitration Reinstatement Order

By David E. Worley

In Phillips v. Marion County Sheriff’s Office (194 LRRM 2389 (9th Cir. 2012)), the Ninth Circuit Court of Appeals ruled that a Corrections Officer  has a constitutionally protected property interest in their employment once a final and binding reinstatement order has been issued.  The Ninth Circuit stated that the property interest extends beyond the employment itself to the reinstatement of employment as well.  The Marion County Sheriff’s Association (in Salem, Oregon), was successful in having a discharged deputy ordered reinstated in a “final and binding” arbitration decision.  The County refused to abide by the arbitration decision, making the argument that public policy did not approve of the mistreatment of inmates, the misconduct the plaintiff was accused of.    [Read more...]

Filed Under: Constitutional Rights, Legal Rights
December 14, 2012 By

Rumor has it! New Jersey Officer’s Free Speech Claim Based on Rumors Dismissed for Lack of Evidence

By Kate Acheson

Officer Von Rhine, an employee of Camden, NJ County Sheriff’s Department, claimed his Department violated his First Amendment rights to Free Speech by transferring him in retaliation, for complaints he made against his boss.  The Federal Court for the District of New Jersey dismissed this claim in Von Rhine v. Camden County Sherriff’s Office.

[Read more...]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
December 7, 2012 By

Remove that Tattoo or Find Another Job! Third Circuit Reject’s Applicant’s Objections to State Police Pre-Hire Tattoo Review Policy

By Kate Acheson

The Federal Third Circuit Court of Appeals has found a Pennsylvania State Police pre-hire tattoo policy, was properly applied without violating an applicant’s Constitutional rights in Scavone v. Pennsylvania State Police.  Although officially unpublished and not precedent setting, the case deals with an issue of emerging importance.

[Read more...]

Filed Under: Constitutional Rights, Legal Rights, Privacy Rights
November 29, 2012 By

Officer Claiming “Anti-Union Animus” Was Terminated for Misconduct, Not Union Ties, Colorado District Court Finds

By Kate Acheson

A police officer’s claim, that his discharge was due to “anti-union animus,” in violation of his freedom of association, was recently dismissed by Colorado District Court in Cillo v. City of Greenwood Village.  The Court found that the discharge was properly motivated by the officer’s misconduct, which violated a suspect’s constitutional rights and department policy, not by any anti-union animus.  [Read more...]

Filed Under: Association Rights, Constitutional Rights, Legal Rights
October 12, 2012 By

NY District Court Refuses to Flush Excessive Urine Test Complaint

By Kate Acheson

After being subjected to repeated urine-sample drug tests, a New York Metropolitan Transportation Authority (“MTA”) Officer, Ada Perez, filed complaint.  The MTA moved to dismiss.  In Perez v. Metro. Transp. Auth., the District Court for the Southern District of New York refused to dismiss Officer Perez’s complaint, reasoning that sufficient information existed for a jury to find in Officer Perez’s favor on her unreasonable search and seizure claim.

[Read more...]

Filed Under: Constitutional Rights, Legal Rights, Privacy Rights
October 4, 2012 By

Ninth Circuit Breaks from Trend, Suggests Placement on Administrative Leave Could Constitute “Adverse Employment Action”

By Kate Acheson

Public employees are protected in the exercise of their First Amendment rights. This allows them to bring lawsuits when an employer’s retaliatiatory action is significant enough to constitute an “adverse employment action.”  Not every employer action rises to that level. 

[Read more...]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
September 20, 2012 By

Fourth Circuit Reiterates Denial of First Amendment Claims Involving Internal Grievance Procedure

By Kate Acheson

The Fourth Circuit Court of Appeals holds that internal grievances do not constitute statements of “public concern,” which are entitled to First Amendment protection. In Brooks v. Arthur, two Virginia corrections officers sued the Virginia State Corrections Department supervisors under 42 U.S.C. §1983 for unlawful termination in retaliation for exercising their First Amendment rights to free speech. 

[Read more...]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
September 19, 2012 By

California District Court Denies Most of City’s Motion to Dismiss: City Failed to Follow Own Rules and Regulations

By Kate Acheson

In Hanford Exec. Mgmt. Employees Ass’n v. City of Hanford the court held that an employee Association could pursue its claims that its members faced unlawful discrimination in retaliation for a Vote of No Confidence against the City Manager.  The U.S. District Court for the Eastern District of California has ruled that an Association’s retaliation claim stated a potential basis for finding several constitutional violations and rejected the City’s efforts to dismiss the lawsuit for “failure to state a claim.”

[Read more...]

Filed Under: Association Rights, Constitutional Rights, Free Speech Rights, Legal Rights
August 28, 2012 By

Arizona Federal Court Denies Attempt to Dismiss Firefighter’s First Amendment Retaliation Case

By Mitchell Riese

A recent decision from U.S. l District Court in Arizona denied the City of Prescott, Arizona’s attempt to dismiss a lawsuit by a former firefighter, who alleged that he had been coerced into retiring by being threatened with criminal charges for having traded shifts. In  Vicente v. City of Prescott, AZ, 33 IER Cases 1306 (D. Ariz. 2012), Vicente, who had been a firefighter for almost 20 years and a Captain for 10, was vice president of the firefighters union. In that role, he advocated on behalf of two union members who claimed that they were being harassed by certain managers. Not long after Vicente assisted the members in filing formal complaints, he was called into a meeting and told that he had engaged in criminal conduct by trading shifts or obtaining substitutes for shifts with other firefighters. He was told that the situation was serious and that his job could not be saved. Vicente was told that his only option was to retire. Vicente claimed that he was told that he had to cease all union activity because that was the reason why they were all there.

[Read more...]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
August 16, 2012 By

A Facebook “Thumbs-Up” Could be a Thumbs Down for your First Amendment Rights

By Cynthia McNabb

In the ever-evolving legal environment regarding use of social media in and outside the workplace, a new case before the 4th Circuit is getting quite a bit of attention.  In Bland v. Roberts, a deputy sheriff (along with five others) went on his Facebook page and, like millions of others every day, clicked the “like” button on a page he was viewing.  The page happened to be a political page for a candidate running against his boss, the Sheriff of Hampton, VA.  Once his boss was re-elected, Deputy Carter, along with Bland, et. all were terminated.  The employer alleged that the employees were terminated for poor work performance and their support of the opposing candidate had disrupted the workplace. [Read more...]

Filed Under: Constitutional Rights, Free Speech Rights, Legal Rights
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