December 21, 2016 by

Massachusetts District Court Finds Police Officer Has No First Amendment or Defamation Claims For Speech Concerning City’s Dog Ordinance Laws

By Erica Shelley Nelson and Sarah Burke

In McGunigle v. City of Quincy, a former Massachusetts police officer filed suit against the City of Quincy, Chief of Police, and Captain. In his suit, the officer alleged that he was wrongfully disciplined, and eventually terminated, by the department for making comments to local news organizations concerning violations of city dog ordinances infringing on his First Amendment Rights. The officer filed an additional claim of defamation against the Chief of Police for statements he made to the local newspaper. The district court found that the department’s interest in maintaining order and obedience of their officers in a public arena outweighed the officer’s interest in speech. The Court further found that the defamation claim failed because the statements did not rise to the level of malice.

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Filed Under: Free Speech Rights
December 21, 2016 by

Michigan District Court Finds Police Officer Could Claim Retaliation and First Amendment Violations After Reporting Sexual Harassment

By Erica Shelley Nelson and Sarah Burke

In Jennings v. Wayne County, a Michigan police officer was able to establish a claim for retaliation after she complained about sexual harassment. The district court found that being frozen out of meetings, not receiving backup, and being stripped of her Blackberry could constitute an adverse action. The district court also found the officer had established a First Amendment claim because her complaints about the harassment involved a matter of public concern.

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Filed Under: Free Speech Rights, Gender/Pregnancy Discrimination
December 20, 2016 by

Alabama District Court Finds Police Officer Can Pursue Claim of Retaliation After Reporting Department Corruption

By Erica Shelley Nelson and Sarah Burke

In White v. City of Athens, a former Alabama police officer alleged he was retaliated against after he was fired for reporting police corruption to the local newspaper. The City argued the officer was terminated for his improper use of police databases. The US District Court for the Northern District of Alabama sided with the officer because he had shown other officers had used the police database for similar purposes and not been disciplined, creating an inference of retaliation.

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Filed Under: Free Speech Rights
December 20, 2016 by

Louisiana Police Officer Protected Under First Amendment When He Cooperated with FBI Investigation

By Erica Shelley Nelson and Sarah Burke

In Howell v. Town of Ball, a former police officer in Louisiana, alleged he was fired for cooperating with an FBI investigation of public corruption. The Fifth Circuit overturned the district court in finding that the officer was entitled to First Amendment protection for his cooperation.

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Filed Under: Free Speech Rights
November 9, 2016 by

Mandatory Overtime May Not be Essential Function of Michigan Police Officer’s Job, Might Be Open to Reasonable Accommodation

disabilityBy Mitchell Riese and Mathias Deeg

In Reeder v. County of Wayne, the U.S. District Court for the Eastern District of Michigan held that a Wayne County police officer diagnosed with depression and anxiety could proceed with a claim against the county alleging that it wrongfully discharged him—in violation of the Americans with Disabilities Act—for refusing to work mandatory overtime.

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Filed Under: Disability Discrimination, Discrimination
November 9, 2016 by

Unqualified Virginia Firefighter Cannot Sue for Reasonable Accommodation or Wrongful Termination Under ADA

firefighterBy Mitchell Riese and Mathias Deeg

In Craft v. Fairfax County Government, the U.S. District Court for  the Eastern District of Virginia held that a Fairfax County firefighter could not bring a disability discrimination claim of either wrongful termination or failure to accommodate  because he was unable to show he was a “qualified individual” under the Americans with Disabilities Act.

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Filed Under: Disability Discrimination, Discrimination
November 7, 2016 by

Seventh Circuit Finds Illinois Deputy Sheriff Was Retaliated Against After Termination for Moonlighting

free-speechBy Erica Shelley Nelson and Sarah Burke

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.

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Filed Under: Discipline, Free Speech Rights, Legal Rights
November 7, 2016 by

Pennsylvania District Court Finds Correctional Officer Who Violated Legitimate Rule Can Move Forward With Claim of Race Discrimination

credit-cardBy Erica Shelley Nelson and Sarah Burke

In McWilliams v. Cmty. Educ. Ctrs., Inc., an African American correctional officer was terminated for violating a fraternization policy after he helped an inmate deposit money into his prison account. The officer alleged the termination was racially discriminatory and that the prison had allowed a hostile work environment. The U.S. District Court in Pennsylvania found that the officer had established a disparate treatment claim by alleging his punishment was not comparable to white officers who had broken the same rule and the office had established a hostile work environment claim by alleging black officers were subjected to pictures of nooses.

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Filed Under: Discrimination, Race Discrimination
October 31, 2016 by

Deputy Who Allegedly Sexually Harassed Colleague Wins Job Back Because Workplace Was Generally Inappropriate

sopBy Erica Shelley Nelson and Sarah E. Derry

In Island County Deputy Sheriff’s Guild, Arbitrator Gary Axon found that the Employer, Island County, lacked just cause to terminate a deputy sheriff who had 13 years on the job for sexually harassing a coworker.  He instead ordered a 30-day suspension and a final warning notice that future sexual harassment will result in termination.

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Filed Under: Arbitration Rulings, Discipline
October 5, 2016 by

Arbitrator Rules Despite the Numerous Grievances Officer’s 23 Year Discipline Free Record Outweigh Other Concerns In Overturning Portland Police Captains Indefinite Demotion

portlandBy Jim Cline and Geoff Kiernan

An arbitrator found that while a Portland police captain committed the numerous offenses at issue during the grievance hearing, the city did not have just cause for the indefinite demotion of the officer.  Given the Police Captain’s 23 year history without discipline and the fact that the officer was in counseling to address some of the issues, the arbitrator found that a 60-day suspension was more appropriate.

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Filed Under: Discipline
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