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.
The Fourth Circuit found the supervisors were entitled to summary judgment on the officer’s claim despite the fact that the officers were terminated after complaining of race and religious discrimination, favoritism in assignments, and mistreatment at work (claims that normally fall within First Amendment protection).
In reaching their decision, the Fourth Circuit reiterated the Supreme Court’s decision in Borough of Duryea, which excluded from First Amendment protection complaints by an employee about his or her own duties that are filed with an employer using an internal grievance procedure. Such internal, self-involved complaints are considered unrelated to matters of public concern. Because the two corrections officers in Brooks utilized an internal grievance procedure, did not seek to independently inform the public of their concerns, and focused their complaint on their personal grievances and dissatisfaction with supervisors rather than broad policy matters, the court concluded that their speech did not merit First Amendment protection.
