Monthly Law Journal Article: Does Ordering an Employee to Refrain From Certain Personal Contacts Violate Constitutional Due Process? by Michael P. Stone and Marc J. Berger, 2007 (3) AELE Mo. L.J. 501.
     Monthly Law Journal Article: Picketing Rights of Public Employees, 2007 (11) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Regulation of an Employee's Off-Duty Activities Part Three- Participating in Unapproved Training Programs and/or Membership in Controversial Organizations or Events, 2008 (2) AELE Mo. L. J. 201.
     Monthly Law Journal Article: Regulation of an Employee's Off-Duty Activities. Part Four– Sexual Conduct, 2008 (3) AELE Mo. L. J. 201.
     Third Circuit concludes that "truthful trial testimony arising out of the employee's official responsibilities constitutes protected speech," spoken as a citizen, and the Garcetti decision does not apply. The plaintiff had been disciplined for testifying in a trial against another officer. Reilly v. City of Atlantic City, #06-2591, 2008 U.S. App. Lexis 13808 (3rd Cir.).
     Fifth Circuit finds that there was no evidence to find that the plaintiff was terminated from his county job because he sought election as a county commissioner. Rather he was fired for violating county policies against political campaigning activities while working and under other limited circumstances. James v. Texas Collin County, #07-40566, 2008 U.S. App. Lexis 14902 (5th Cir.).
     First Circuit rejects a civil rights claim filed by a police officer who alleged that his superiors violated his First Amendment and due process rights when he was assigned to new job duties, purportedly in retaliation for filing a lawsuit against them in a local court. The right to file lawsuits is not an absolute First Amendment right and his suit for labor harassment" suit did not address a matter of public concern. Rosado-Quinones v. Toledo, #07-1425, 2008 U.S. App. Lexis 11835 (1st Cir.).
     Seventh Circuit overturns a judgment for $210,000 in compensatory and $150,000 in punitive damages, awarded to a State Police lieutenant that was laterally transferred because of his criticism of a case and filing an internal complaint. His statements and reports were made pursuant to his official duties, and not as a citizen. Callahan v. Fermon, #05-4313, 2008 U.S. App. Lexis 10800 (7th Cir.).
     Federal court holds that city police officers that are fired for cooperating in a state investigation lack First Amendment protection. Unlike citizens, they have a duty to cooperate. Cheek v. City of Edwardsville, #06-2210, 514 F.Supp.2d 1220, 2007 U.S. Dist. Lexis 63097 (D.Kan.).
     Following the Supreme Court's 5-4 holding in Garcetti v. Ceballos, 547 U.S. 410 (2006), the Second Circuit rejects a retaliation lawsuit filed by a NYPD sergeant after he wrote a report about health concerns at his precinct. He was required to prepare the report in his role as the precinct Safety Officer, and was not writing as a citizen. Ruotolo v. City of New York, #06-3886, 2008 U.S. App. Lexis 2551.
     A detective filed an I-A complaint and informed the mayor that other detectives had "filed false or misleading affidavits" in support of search warrants. He was demoted to the patrol division, resigned, and sued for First Amendment violations. The Seventh Circuit rejected his claims. "Because [he] was responsible for the operations of the narcotics unit, his speech regarding alleged misconduct that may affect his unit was made pursuant to his official responsibilities, and not as a private citizen, despite not having explicit responsibility for the detectives involved or the search warrants at issue." Vose v. Kliment, #07-1792, 506 F.3d 565, 2007 U.S. App. Lexis 25136 (7th Cir.).
     Federal court finds that a sheriff and a captain violated the "Establishment of Religion" clause of the First Amendment when they "invited representatives of a Christian organization to present a proselytizing Christian message to deputies at meetings held at the workplace during working hours, which deputies were required to attend, and conveyed a message of endorsement of the presentations. The effect of defendants' actions was to promote religion and to do so coercively." Milwaukee Deputy Sheriffs Assn. v. Clarke, # 06-C-602, 513 F.Supp.2d 1014, 2007 U.S. Dist. Lexis 71454, 101 FEP Cases (BNA) 1519 (E.D. Wis.).
     Supreme Court declines to review a Seventh Circuit ruling that vacated a $210,000 verdict in favor of a corrections officer. She had alleged retaliatory action after she complained that she was stopped from searching a vehicle that two senior prison officials used to leave the facility. Her complaint about prison security was not protected under the First Amendment because of the Supreme Court's decision in Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951 (2006). Spiegla v. Hull, #05-3722, 481 F.3d 961, 2007 U.S. App. Lexis 7396, 25 IER Cases (BNA) 1508 (7th Cir.); cert. den. #07-273, 2007 U.S. Lexis 11650.
     Eleventh Circuit holds that the termination of a chief jailer after her testimony about jail conditions was pursuant to her duties as public employee rather than as citizen on a matter of public concern. The First Amendment did not protect her testimony, and the sheriff has qualified immune from her §1983 claim. Supreme Court denies review. Green v. Barrett, #06-15104, 226 Fed. Appx. 883, 2007 U.S. App. Lexis 6200 (11th Cir.); cert den. #07-177, 2007 U.S. Lexis 11550 (2007).
     The job responsibilities of a corrections officer include reporting inmate complaints to his superiors, and are not protected by the First Amendment. Wesolowski v. Bockelman, #1:05-CV-0321, 2007 U.S. Dist. Lexis 64806 (N.D.N.Y.).
     Eighth Circuit finds that the sheriff in St. Paul, MN, retaliated against officers for their First Amendment conduct by transferring them from supervisory positions into positions with significantly less responsibility and causing them to lose overtime pay and access to take-home vehicles because of their campaign activities. Shockency v. Ramsey County, #06-3094, 2007 U.S. App. Lexis 16587 (8th Cir.).
     Sixth Circuit rejects a claim that the plaintiff was terminated because of his protected activity as union president; management discharged him for submitting inaccurate time sheets. The panel concluded that his union activity did not implicate a matter of public concern. Van Compernolle v. City of Zeeland, #06-1904, 2007 U.S. App. Lexis 16735 (6h Cir.) affirming, 2006 U.S. Dist. Lexis 32963 (W.D. Mich. 2006).
     Appellate court rejects retaliation claims filed by police officers that alleged anti-union bias. The failure to promote action was seven months after participation in a union's petition drive. Harvey v. City of Rio Rancho, #06-2278, 2007 U.S. App. Lexis 18010 (10th Cir.).
     First Circuit holds that a website posting of an allegedly unlawfully taped police episode was protected by the First Amendment. Jean v. Massachusetts State Police, #06-1775, 2007 U.S. App. Lexis 14813 (1st Cir.).
     Nebraska trial court overturns an arbitration award that reinstated a state trooper that was fired for his active membership in the Klan. State of Nebraska v. Henderson, Lancaster Co. Nebr. Dist. Ct.; Nebr. Ct. App. #A-07-000010 (Appeal pending).
     Fifth Circuit upholds the termination of a county nurse that was fired for calling the Secret Service to report a mental patient's threats against the President. Her termination did not violate the First Amendment because the patient was delusional, she violated by hospital's confidentiality policy, and the facility's doctor was in a better position to assess the gravity of the threat and to decide whether the Secret Service should be notified. Davis v. Allen Parish, #06-30017, 2006 U.S. App. Lexis 31119 (5th Cir. 2006). [N/R]
     Federal court refuses to dismiss a First amendment claim brought by furloughed city workers who claimed that the mayor retaliated against them for their political activities by not rehiring them. Cochran v. City of Huntington, #1:05-CV-249, 2006 U.S. Dist. Lexis 71873, prior ruling at 2006 U.S. Dist. Lexis 39516 (N.D. Ind., 2006). {N/R}
     Federal court dismisses a suit by a nurse who lost her job after prison authorities denied her entry privileges for breaking a rule. Cunningham v. New Jersey, #03-4970, 2006 U.S. Dist. Lexis 68789 (D.N.J. 2006). [2006 FP Dec]
     Whether a public employee's First Amendment actions were sufficiently disruptive of the office, was a question that was properly submitted to the jury. Weaver v. Chavez, #04-2110, 2006 U.S. App. Lexis 20539 (10th Cir. 2006). {N/R}
     New York City's termination of a police officer and firefighters for participating in a parade float that mocked African-American stereotypes are upheld by the Second Circuit. Locurto v. Giuliani, #04-6480, 447 F.3d 159, 2006 U.S. App. Lexis 10748 (2nd Cir. 2006). [2006 FP Aug]
     Eleventh Circuit upholds the firing of three Florida deputy sheriffs for engaging in sexually explicit conduct, available for "pay-per-view" on the Internet, and without obtaining approval for off-duty employment. Thaeter v. Palm Beach County Sheriff's Office, #03-13177, 2006 U.S. App. Lexis 13308 (11th Cir. 2006). [2006 FP Aug]
    Federal appeals court rejects a suit by a prison chaplain who was disciplined after refusing to allow a gay inmate to lead the choir during a Protestant service. Akridge v. Wilkinson, #05-3015, 2006 U.S. App. Lexis 10671 (Unpub. 6th Cir. 2006), affirming 351 F.Supp.2d 750. [2006 FP Jul]
     Supreme Court declines to review a holding that struck down a California law making it a misdemeanor to knowingly file a false complaint against a peace officer. Agencies in the Ninth Circuit have been advised by counsel to remove any language from internal complaint forms that warn a citizen that he or she can be prosecuted for making a false complaint. Chaker v. Crogan, #03-56885, 428 F.3d 1215, 2005 U.S. App. Lexis 23728 (9th Cir. 2005); cert. den., #05-1118, 2006 U.S. Lexis 3900 (2006). [2006 FP Jul]
     Fourth Circuit upholds a gubernatorial order banning state workers from giving interviews to two Baltimore reporters. Publishers and journalists have no greater rights to access than members of the public. Baltimore Sun v. Ehrlich, #05-1297, 2006 U.S. App. Lexis 3581 (4th Cir. 2006), affirming 2005 U.S. Dist. Lexis 2082 (D.Md. 2005). [2006 FP Apr]
     A federal court in Manhattan has ruled that a denial of Emeritus status to a professor is not an "adverse employment action" even if it was in retaliation for exercising his First Amendment rights. The honorary title conferred no benefits; all retired professors enjoyed office and telephone privileges. Zelnick v. Fashion Institute of Technology, #03 CV 8210 (Unreported, S.D.N.Y. 2005). {N/R}
     Florida Supreme Court strikes down a law prohibiting the wearing of clothing marked with words 'police', 'sheriff', etc. Sult v. State of Florida, #SC03-542, 894 So.2d 969,2005 Fla. Lexis 1343 (2005). [2005 FP Oct]
     Judge jails a N.Y. Times reporter who wrote about the outing of an undercover CIA agent and subsequently refused to disclose her source to a federal grand jury. Miller v. U.S., 125 S.Ct. 2977, 2005 U.S. Lexis 5190 and Cooper v. U.S., 125 S.Ct. 2977, 2005 U.S. Lexis 5191 (2005), relating to the Intelligence Identities Protection Act (50 U.S. Code §421); also see In re Grand Jury Subpoena, #04-3138, 405 F.3d 17 (D.C. Cir. 2005) and In re Special Proceedings, 373 F.3d 37 (1st Cir. 2004). [2005 FP Sep]
     Litigants and counsel have few, if any, First Amendment rights in a courtroom. "The courtroom is a nonpublic forum ... where the First Amendment rights of everyone ... are at their constitutional nadir." Mezibov v. Allen, #03-3973, 2005 FED App. 0264P, 2005 U.S. App. Lexis 11341 (6th Cir. 2005). {N/R}
     Eighth Circuit affirms a refusal to dismiss a lawsuit alleging retaliatory action. Although the sheriff said that he had demoted a sergeant for improper handling of a traffic citation, the plaintiff claimed that it was in retaliation for filing a lawsuit challenging the sheriff's promotional procedures. Powell v. Johnson, #04-1684, 405 F.3d 652, 22 IER Cases (BNA) 1443, 2005 U.S. App. Lexis 7505 (8th Cir. 2005). [2005 FP Jul]
     Federal court upholds a gubernatorial order banning state workers from giving interviews to two Baltimore reporters. Publishers and journalists have no greater rights to access than members of the public. The Sun v. Ehrlich, #1:04-cv-03822, 2005 U.S. Dist. Lexis 2082 (D.Md. 2005), citing Snyder v. Ringgold, #97-1358, 1998 WL 13528, 1998 U.S. App. Lexis 562, 26 Media L. Rep. 1249 (Unpub. 4th Cir. 1998) and Branzburg v. Hayes, 408 U.S. 665, at 684-85 (1972). [2005 FP Apr.]
     The Supreme Court upholds the termination of a San Diego police officer who sold masturbation videotapes of himself in a generic police uniform. City of San Diego v. Roe, #03-1669, 2004 U.S. Lexis 8165 (2004). [2005 FP Feb]
     Fire dept's insurance carrier pays $9,000 to a motorist who flipped his middle finger at the fire chief, resulting in his arrest for disorderly conduct. Though vulgar, the gesture was protected by the First Amendment. Dickinson v. Bor. of Sewickley, Pa., #04-CV-602 (W.D.Pa. 2004). {N/R}
     Appellate court affirms the dismissal of a police sergeant's First Amendment suit for retaliation, based on the his testimony at a public hearing, because the content of testimony was not a matter of public concern. Kirby v. City of Elizabeth City, #03-2035, 2004 U.S. App. Lexis 17877 (4th Cir. 2004). {N/R}
     New Jersey appellate court affirms an order by the state's Public Employment Relations Cmsn. directing the sheriff to cease and desist from reassigning and suspending a deputy in retaliation for his questioning negotiations unit members about drug testing. The disciplinary actions taken constituted an unfair practice because of the sheriff's hostility his inquiries. Middlesex Co. Sheriff v. Eckel, #A-57-02T2, 30 NJPER 89, 2004 NJPER (LRP) Lexis 84 (N.J. App.Div. 2004); prior decis. Eckel v. Middlesex Co. Sheriff, 2003 WL 2367588 (N.J. App.Div. 2003). {N/R}
     Eighth Circuit finds that having a prayer session at a mandatory training program was a decisive endorsement of religion, and violated the First Amendment rights of a public employee who objected to the prayers. The appeals panel directed the trial court to widen the injunctive relief to include training sessions of other public employees, even if the plaintiff was not present. "...we believe that it is the government's endorsement of a particular religious message that constitutes the constitutional violation here, not the effects of official prayers on [the plaintiff's] psyche. Warnock v. Archer, #02-3322, 2004 U.S. App. Lexis 17938 (8th Cir. 2004). {N/R}
     Federal court in Connecticut refuses to grant injunctive relief to corrections officers facing disciplinary action for their membership in the Outlaws motorcycle gang. Piscottano v. Murphy, #3:04cv682, 317 F.Supp.2d 97, 2004 U.S. Dist. Lexis 8614 (D. Conn. 2004). [2004 FP Sep]
     Second Circuit holds that there was an insufficient connection between the adverse employment action suffered and the plaintiffs' protected speech to establish a retaliation claim under the First Amendment. Washington v. County of Rockland, #02-7929, 2004 U.S. App. Lexis 12845 (2d Cir. 2004). {N/R}
     First Circuit holds that police officials failed to demonstrate that they were entitled to qualified immunity from retaliation claims of investigators who claimed that they were discharged or denied benefits because of their investigation of government corruption. Rivera-Jiménez v. Pierluisi, #02-2439, 362 F.3d 87, 2004 U.S. App. Lexis 5773, 21 IER Cases (BNA) 160 (1st Cir. 2004). {N/R}
     California Public Employment Relations Board judge rules that management violated state law by placing an administrator on leave and then demoting her, because she testified in support of two subordinate workers at a grievance hearing, resulting in a back pay award. Cal. State Employees Assn. v. Dept. of Consumer Affairs, #SA-CE-1385-S, 2004 PERC (LRP) Lexis 48, 28 PERC 98 (PERB 2004). [2004 FP Aug]
     Federal appeals court rejects the retaliation lawsuit of a police lieutenant who claimed he was transferred to light duty because he gave negative testimony about the chief of police in another officer's civil rights trial. The lieutenant did not suffer an adverse employment action because his lost pay and benefits were retroactively restored. Mylett v. City of Corpus Christi, #03-40774, 2004 U.S. App. Lexis 8729 (5th Cir. 2004). {N/R}
     An en banc Fifth Circuit votes 10 to 5 to allow a damage suit against police chiefs, sheriffs, their cities and counties, and a regional chiefs assn. for boycotting the classes of two police academy instructors who testified against a police officer in a use of force case. Kinney v. Weaver, #00-40557, 367 F.3d 337, 2004 U.S. App. Lexis 7436 (5th Cir. en banc 2004). [2004 FP Jul]
     Massachusetts holds that management must bargain with the union before ordering the removal of union buttons from their uniforms, where officers have worn those buttons for many years without adverse consequences. The bargaining requirement does not apply to non-union pins or accoutrements. Sheriff of Worcester Co. v. Labor Relations Cmsn., #01-P-1628, 60 Mass. App. Ct. 632, 805 N.E.2d 46, 2004 Mass. App. Lexis 284 (2004). [2004 FP Jul]
     A divided federal appeals court panel concludes that the First Amendment protects an off-duty police officer, who sold videotapes of himself stripping out of uniform and masturbating. Roe v. City of San Diego, #02-55164, 356 F.3d 1108, 2004 U.S. App. Lexis 1330 (9th Cir. 2004). [2004 FP Apr]
     Federal appeals court rejects a retaliation lawsuit filed by a state police captain who claims he was denied a promotion and given an unwanted assignment because he broke the chain of command by bypassing his major, and informing a lieutenant-colonel that the FBI was investigating a trooper for bribery. The captain had no reason to believe his superiors were involved in the scheme, and there was no justification for circumventing a regulation that required all members to inform their immediate supervisor of any knowledge of misconduct by a department member. Ober v. Evanko, #02-3725, 2003 U.S. App. Lexis 23040 (3rd Cir. 2003). [2004 FP Feb]
     Federal appeals court holds that a police report, revealing misconduct of a fellow officer, is protected "speech" and addressed a matter of public concern. Their terminations violated the First Amendment. Taylor v. Chief of Police Keith, No. 01-6460, 2003 U.S. App. Lexis 15602, 2003 FED App. 0270P (6th Cir. 2003). [2003 FP Nov]
     Arbitrator holds that a public employees' union may post "generic" employment information on workplace bulletin boards, but not "internal" membership information. Naval Inventory Control Point and AFGE L-1156, 118 LA (BNA) 695 (Pritzker, 2002). [2003 FP Oct]
     Federal appeals court holds that management did not violate clearly established First Amendment law in suspending a police officer for his hornblowing activities during a municipal ceremony. The disruption was not speech or conduct related to a matter of public concern. Meaney v. Dever, #02-1783, 2003 U.S. App. Lexis 7505 (1st Cir. 2003). {N/R}
     Federal appeals court overturns a District Court order that the CIA was required to release classified matter to a former employee that sued the agency for supposedly misclassifying as his proposed book as containing state secrets. Stillman v. C.I.A., #02-5234, 319 F.3d 546, 2003 U.S. App. Lexis 3437 (D.C. Cir. 2003). {N/R}
     Federal appeals court reinstates a damage action brought by a firefighter who was subjected to an I-A investigation and transferred to an undesirable assignment after criticizing firefighter safety gear. Darmanin v. S.F. Fire Dept., #00-16102, 2002 U.S. App. Lexis 19676 (Unpub. 9th Cir. 2002). [2002 FP Dec]
     Federal Court in New York refuses to dismiss a wrongful termination suit. Plaintiff was promptly and pretextually fired after testifying against the county in another lawsuit. Catletti v. County of Orange, #01 Civ 8530, 207 F.Supp.2d 225, 2002 U.S. Dist. Lexis 11326 (S.D.N.Y. 2002). [2002 FP Nov]
     Opening a city council meeting "in the name of Jesus Christ" violated the Religion clause of the First Amendment. Rubin v. City of Burbank, #B148288, 124 Cal.Rptr.2d 867, 2002 Cal. App. Lexis 4619 (Cal.App. 2d Dist. 2002). {N/R}
     A divided Fifth Circuit allows a damage suit against police chiefs, sheriffs, and their cities and counties for boycotting the classes of two police academy instructors who testified against a police officer in a use of force case. Kinney v. Weaver, #00-40557, 2002 U.S. App. Lexis 15349 (5th Cir. 2002). [2002 Oct. FP]
     First Amendment Related California appellate court holds that a youth, who drew a painting of him shooting a particular Chico Police officer, is protected speech, and overturned a conviction for making a criminal threat. In re Ryan D., #C035092, 209 F.Supp.2d 319, 2002 Cal. App. Lexis 4453 (Cal. App. 3d Dist. 2002). [2002 FP Oct]
     Third Circuit affirms injunction against a police chief who required subordinates to obtain his approval before appearing as an expert witness in civil or criminal cases, even if uncompensated. Swartzwelder v. McNeilly, #01-1085, 2002 U.S. App. Lexis 14556 (3rd Cir. 2002). [2002 FP Sep]
    Federal appeals court affirms the dismissal of a suit brought by a former sergeant, who alleged that he was demoted because of his membership in a controversial motorcycle club. There was no evidence the demotion, based on valid rule violations, was pretextual to punish him for his associational activities, or that the sheriff had been improperly influenced by the sergeant's superiors. Strahan v. Kirkland, #01-15493, 287 F.3d 821, 2002 U.S. App. Lexis 7214 (9th Cir. 2002). [2002 FP Jul]
     A Chief Deputy Probation Officer, who claimed retaliation after he filed a discrimination lawsuit, did not suffer any "adverse personnel action" when his superior limited his duties. "... minor shifts in employment responsibility did not significantly alter the conditions of [the plaintiff's] employment." Duffy v. McPhillips, #01-1747, 276 F.3d 988, 87 FEP Cases (BNA) 1461, 2002 U.S. App. Lexis 554 (8th Cir. 2002). [N/R]
     Federal court refuses to dismiss a suit that management punished a police captain because she had testified, under subpoena, on behalf of a subordinate who was indicted for brutality to a suspect. Dooley v. City of Philadelphia, #99- 2764, 153 F.Supp.2d 628, 2001 U.S. Dist. Lexis 7437 (E.D. Pa. 2001). [2001 FP 168-9]
     Although an officer had testified against his superior at a grand jury, his termination was justified because he used excessive force in arresting a suspect while on his off-duty security job. Gonzales v. Dallas County, #00-10046, 249 F.3d 406, 2001 U.S. App. Lexis 8088, 143 Lab. Cas. (CCH) P59,213 (5th Cir. 2001). [2001 FP 102-3]
     Federal appeals court rejects suit by an activist who was banned from a city facility because of her rude and disruptive behavior. Mcafee v. Deale, #99-2361, 2000 U.S. App. Lexis 21411 (4th Cir.). [2000 FP 170]
     Federal appeals court rejects a First Amendment claim by a police union steward that her notices were removed from a stationhouse bulletin board. Kuchenreuther v. City of Milwaukee, #99-3611, 221 F.3d 967, 2000 U.S. App. Lexis 17441 (7th Cir.). [2000 FP 152-3]
     Federal court refuses to dismiss suit of ex-officer who claimed he was fired for cohabitation. Marcum v. Catron, 70 F.Supp.2d 728, 1999 U.S. Dist. Lexis 21005 (E.D.Ky.). [2000 FP 71-2]
     Federal appeal court holds that the termination of a public employee because his wife had filed a lawsuit against public officials violates the First Amendments right to have intimate associations. Adler v. Pataki, 185 F.3d 35, 1999 U.S. App. Lexis 16687, 15 IER Cases (BNA) 490 (2nd Cir.). [2000 FP 53-4]
     Federal appeals court upholds right of a rival organization of minority police officers to march in parades and use department facilities to post notices and recruit members. Latino Ofcrs. Assn. v. City of N.Y., #99-7657, 196 F.3d 458, 15 IER Cases (BNA) 1249, 1999 U.S. App. Lexis 29970 (2nd Cir.). [2000 FP 9-10]
     A retaliatory lowering of promotion scores for exercising their First Amendment rights is a federal Civil Rights violation, even if no one else was promoted. Plaintiffs did not have to show actual economic harm. Suppan v. Dadonna, #98-2129, 203 F.3d 228, 2000 U.S. App. Lexis 1443, 68 Law Week 1474 (3d Cir. 2000). {N/R}
     A reprimand of a deputy sheriff for appearing on TV in uniform without the sheriff's approval did not violate the First Amendment. Belch v. Jefferson Co., 108 F.Supp.2d 143. {N/R}
     Federal court in MN sets aside discipline imposed on corrections officers who, during a sexual orientation training session, protested the content by bible-reading. Altman v. Minn. Dept. of Corrections, #98-CV-1075, 1999 U.S. Dist. Lexis 14897, 80 FEP Cases (BNA) 1166 (D. Minn., 8/9/99). [1999 FP 152-3]
     Federal appeals court upholds a claim against a fire chief, who allegedly assaulted a captain for having a political sign on his car. Coady v. Steil, #98-3569, 187 F.3d 727, 1999 U.S. App. Lexis 18655 (7th Cir.). [1999 FP 152-3]
     An unsuccessful woman candidate for Texas Ranger loses her federal appeal; she failed to show that she had participated in any activities for which she had been denied a pro-motion. The fact others may have mistaken her for an active feminist offered no First Amendment protection. Steadman v. Texas Rangers, #97-20862, 179 F.3d 360, 1999 U.S. App. Lexis 14972, 15 IER Cases (BNA) 404. [1999 FP 153-4]
     Divided appellate court affirms arbitration award reinstating a corrections officer who flew a Nazi flag at his home. Arbitration bet. N.Y. St. Law Enf. Off. Union and New York, 255 A.D.2d 54, 694 N.Y.S.2d 170, 161 LRRM (BNA) 2268, 1999 N.Y.App.Div. Lexis 4424. [1999 FP 101-2]
     Although management can generally deny a noncertified employee assn. the privilege of using its bulletin boards, a federal court in NYC has held that management may not withhold the privilege because of the content of the messages. Latino Ofcrs. Assn. v. City of N.Y., 1998 U.S. Dist. Lexis 2018 (S.D.N.Y.). [1999 FP 72]
     Federal appeals court reverses a trial judge who had overturned a ban on the use of state computers to access porn sites on the Internet. Urofsky v. Allen, #98-1481, 1999 U.S. App. Lexis 1937, 167 F.3d 191, 14 IER Cases (BNA) 1386 (4th Cir.). [1999 FP 56]
     Private sector worker who was fired because she had testified against police officers, could sue the city manager who had pressured her superior to terminate her. Helvey v. City of Maplewood, #97-2474, 154 F.3d 841, 1998 U.S. App. Lexis 21481, 14 IER Cases (BNA) 559 (8th Cir.). [1999 FP 40-1]
     NYC Police officer and two firefighters are terminated for their appearance on a racially-offensive Labor Day parade float. City of N.Y. v. Steiner, Walters, and Locurto (1998). [1999 FP 23]
     Federal appeals court affirms the termination of a corrections officer because of his Klan membership activities. Weicherding v. Riegel, #97-3991, 160 F.3d 1139, 1998 U.S. App. Lexis 28216. [1999 FP 8-9]
     Police chief did not violate an officer's rights when he read entries in his personal diary, or in retaining the diary for 3 months while evaluating the officer's fitness. Entries concerning other officers did not implicate a matter of "public concern" for the purpose of First Amendment protections. Verri v. Nanna, 972 F.Supp. 773 (S.D.N.Y. 1997). {N/R}
     Federal court enjoins transit authority's ban of union buttons on uniformed N.Y. Transit Authority employees. Scott v. Goodman, 961 F.Supp. 424 (E.D.N.Y. 1997). [1998 FP 22]
     Detectives who were demoted for supporting a fellow officer on trial for criminal charges did not have a basis under the 1st Am. to contest their reductions. Professional friendship between officers is not protected by the Amendment and this was not a matter of public concern. McCusker v. Atlantic City, 959 F.Supp. 669 (D.N.J. 1997). {N/R}
     Arbitrator reinstates corrections officer who was suspended for flying a Nazi flag at his home. Albany NY Times-Union, Page B-2 (6/25/97). [1997 FP 167]; affirmed, 1999 N.Y. App. Div. Lexis 4424.
     Internet indecency law struck down by the Supreme Court. Reno v. ACLU, 117 S.Ct. 2329 (1997). {N/R}
     Ninth Circuit applies a "public concern" test to grievances and litigation brought by public employees, similar to that required in Free Speech cases. Even if a subject of public concern, an employee is not entitled to disrupt the workplace and create dissension. Rendish v. City of Tacoma, 97 Cal.Dly.Op.Srv. 6622, 1997 U.S.App. Lexis 22247 (9th Cir.). [1997 FP 151-2]
     Appellate court upholds termination of NYPD officer who posed in the nude for compensation; she also used her uniform without permission in the display. The fact male officers who have engaged in sexual misconduct were not fired was inapplicable here. Shaya-Castro v. N.Y.C. Police Dept., 649 N.Y.S.2d 711 (A.D. 1996). [1997 FP 57]
     Vendor drops suit challenging the National Fire Academy's ban of on-campus sales of sexually suggestive T-shirts. Morris v. Brown, #95-592 (D.Md. 1995). [1996 FP 5]
     Federal court holds that a Park Service ban on the sale message-bearing T-shirts on National Mall does not further a governmental interest. Friends of the Vietnam Memorial v. Kennedy, 64 LW 2187 (D.D.C. 1995). {N/R}
     The First Amendment did not permit an off duty officer to attend a Halloween party in blackface carrying a watermelon. Tindle v. Caudell, 56 F.3d 966, 10 IER Cases (BNA) 1227 (8th Cir. 1995). [1995 FP 151]
     Township board did not retaliate against a terminated police officer for engaging in protected speech. Van Richardson v. Burrows, 885 F.Supp. 1017 (N.D.Ohio 1995). {N/R}
     Police chief did not violate the civil rights of police officers who were sent to the U.S. Capitol as part of a demonstration in support of an assault weapons ban. Donaggio v. Arlington County, 10 IER Cases (BNA) 740, 880 F.Supp. 446 (N.D. Va. 1995). [1995 FP 102-3]
     Federal court dismisses suit by a former probation officer who was terminated after she married a deputy sheriff. Rosenbarger v. Shipman, 857 F.Supp. 1282 (N.D.Ind. 1994). {N/R}
     Private taxpayer loses his suit to require the police chief to reimburse the county for an expenditure of overtime of officers used to lobby for passage of the assault weapons ban. Blackman v. Stover, Arl. Co. Chancery #94-659 (Va.Cir. 1994). [1995 FP 103]
     Federal court overturns L.A.Co.F.D. ban on reading Playboy while on duty. Dept's interest in preventing "negative feelings towards female coworkers" was an insufficient basis for censorship. Johnson v. Co. of Los Angeles, 66 FEP Cases 105, 865 F.Supp. 1430 (C.D.Cal. 1994). [1995 FP 24-5]
     Federal court rejects suit by police union officials who claimed they were unfairly disciplined for an unlawful demonstration. Caruso v. Kelly, 1994 U.S.Dist. Lexis 9459 (S.D.N.Y.). [1995 FP 25] Affirmed (unpub. opin.) 1995 U.S.App. Lexis 28908 (2nd Cir. 1995); cert. den., 134 L.Ed.2d 471, 1996 U.S. Lexis 1966 (1996).
     Federal court confirms the termination of a police officer for distributing hate literature aimed at blacks and Jews, lying about his affiliation with the Klan, selling tickets to Klan-sponsored functions, and depositing the ticket proceeds into his personal account, all of which violated departmental policy. See Young v. McDaniel, 664 F. Supp 263, 265 (W.D. Ky. 1986). Later, a federal appeals court upheld his rejection for reemployment for untruthfulness and conduct unbecoming a police officer. Young v. City of Louisville, 1993 U.S. App. Lexis 22647 (Unpub., 6th Cir.). [1993 FP 167]
     Federal court in Colo. holds that it was not a violation of Title VII to terminate an employee for membership in the Ku Klux Klan and attending an "Adolph Hitler Rally." Slater v. King Soopers Inc., 60 FEP Cases (BNA) 963 (D.Colo. 1992). {N/R}
     Racial disparity and treatment of employees in the disciplinary process was not a concern communicated to police employees, as required to support a claim the plaintiffs" speech involved a public concern protected by the First Amendment. To trigger the First Amendment, the speaker must be acting primarily as a citizen, and not as an employee. Evans v. City of Indianola, 778 F.Supp. 333 (N.D. Miss. 1991). {N/R}
     Appellate court upholds misconduct conviction of a military policeman who blew his nose on the American flag while serving on a flag-raising detail. Conduct was not protected by the First Amendment. United States v. Wilson, 33 M.J. 797 (ACMR 1991). [1992 FP 6]
     A municipal employee who blows the whistle on corruption is deprived of his federally protected civil rights if promotions are denied him in retaliation. Wetzel v. Hoffman, 928 F.2d 376 (11th Cir. 1991). [1992 FP 57]
     Police officer who was denied permission to sing in blackface settles his claim of managerial harassment for $200,000. Police Department order forbidding officer to sing in public "Jolson blackface" overturned. Berger v. Battaglia, 779 F.2d 992 (4th Cir., 1985).
     Police officer did not have the right to bring a suit against the municipality without disclosing his true name; John Doe complaints, when allowed by the courts, must be based on a motion giving compelling reasons for anonymity. Doe v. Bor. of Morrisville, 130 F.R.D. 612 (E.D. Pa. 1990).
     Investigator applicant wrongfully rejected because he had previously informed on alleged wrongdoing of government officials. Hubbard v. Administrator, E.P.A. 735 F.Supp. 435 (D.D.C. 1990).
     Untenured police chief who was fired after he initiated an investigation of members of the city council could sue for a violation of his First Amendment rights. Fairbanks v. City of Bradenton Beach, 733 F.Supp. 1447 (M.D. Fla. 1989).
      Police chief could not require off-duty officers to remove sexually explicit films from the video store they lawfully operated. Glanagan v. Munger, 890 F.2d 1557 (10th Cir. 1989).
     Whistle-blowing action by police officers disrupted dept. efficiency; officers motivation was also a personal grudge. Suit against city and officials dismissed. Perry v. City of Kinloch, 680 F.Supp. 1339 (E.D. Mo. 1988).
     Termination of officers for union activity reversed by court; back pay awarded. Camp Hill Borough v. Commonwealth Labor Rltns. Bd., 507 A.2d 1297 (Pa. Cmwlth. 1986).
     Captain could be fired for keeping a secret diary on his chief's performance; not a matter of free speech. Terrell v. University of Texas System Police, 792 F.2d 1360 (5th Cir. 1986).
     Officer, denied promotion and transferred for exposing cover-up, awarded $50,000 compensatory and $250,000 punitive damages against chief. Martinez v. Vigil, (unreported) U.S. Dist. Ct., Albuquerque, NM (11/4/86).
     Police Dept. could not terminate female officer because she posed in the nude for obscene magazines before she was hired. Borges v. McGuire, 107 A.D.2d 492, 487 N.Y.S.2d 737, 1985 N.Y. App. Div. Lexis 49770. {AELE Ref. #5570}
     Deputy suspended for giving photos of "sex party" to TV station with intent to embarrass his chief deputy. City and County of San Francisco Sheriff's Dept. v. McMurtry, (March, 1986). [Vol. 137 FP 7]
     Sheriff could terminate employee who was an active participant in Klan activities; first amendment outweighed. McMullen v. Carson, 754 F.2d 936 (11th Cir. 1985).
     Back pay and legal fees awarded sergeant who was demoted for legitimate labor union activities. Henneberque v. City of Culver City, 194 Cal.Rptr. 869, Mod. 218 Cal.Rptr. 704 (App. 1985).
     Supreme court upholds right of government to regulate clothing of uniformed personnel; Air Force rabbi could not wear a yarmulke. Goldman v. Weinberger, 106 S.Ct. 1310 (1986).
     Federal appeals court upholds damages and reinstatement claims of black officers who were fired for removing U.S. flag from their uniforms and picketing; 12 years of backpay for 6 appellants. Leonard v. City of Columbus, 705 F.2d 1299, reh. en banc denied, 716 F.2d 914 (11th Cir. 1983).
     Police chief terminated after he joined Fraternal Order of Police; appellate court defines respective rights. Key v. Rutherford, 645 F.2d 880 (10th Cir. 1981). Firefighters not entitled to wear uniforms off-duty to publicize political views. Detroit Fire Fighters Assn. v. Dixon, 572 F.2d 557 (6th Cir. 1978); see also: Tinker v. Des Moines, 393 U.S. 503, 89 S.Ct. 733 (1969); Detroit Fire Fighters Assn. v. City of Detroit, 508 F.Supp. 172 (E.D. Mich. 1981).
     Federal courts should refrain from deciding First Amendment issues until legality of discharge procedure determined. Wilson v. Robinson, 668 F.2d 380 (8th Cir. 1981).
     Volunteer fire department not a public agency for public employment purposes; member loses suit for reinstatement based on First Amendment grounds. Janusaitis v. Middlebury Vol. Fire Dept., 464 F.Supp. 288 (D. Conn. 1979), affirmed 607 F.2d 17 (1979).
     Federal court enjoins departmental ban on union meeting called to hear views of election candidates. Fraternal Order of Police Lodge 74 v. Village of Buffalo Grove, U.S. Dist. Ct. (N.D. Ill. 1979).
     First Amendment protects employees from demotion from untenured positions. Morris v. City of Kokomo, 381 N.E.2d 510 (Ind.App. 1978).
     Union slowdown letter not protected. Broyles v. Baton Rouge Municipal Fire and Police Civil Service Board, 340 So.2d 349 (La. App. 1976).
     Police officer could not be terminated for taking part in anti-police demonstrations that when he was a college student. Purdy v. Cole, 317 So.2d 820, 1975 Fla. App. Lexis 13837. {N/R}
     First Amendment's Freedom of Association Clause protects a practicing nudist, who was rejected for employment as a police officer. Bruns v. Pomerleau, 319 F.Supp. 58, 1970 U.S. Dist. Lexis 9814 (D. Md. 1970). {N/R}
     Note: A comprehensive discussion of the law involving the First Amendment rights of police officers to participate in activities of hate groups is found at 81 Iowa L. Rev. 1079 (1996). "Blue by Day and White by Knight: Regulating the Political Affiliations of Law Enforcement and Military Personnel."
     See also: Associating With Known Criminals, Disciplinary Offenses; Disciplinary Punishment; Free Speech; Patronage Employment; Political Activity; Transfers and Union Activity.