Employee Failed to State Valid First Amendment Claim Because she was Speaking Pursuant to her Official Duties
1 min read
Sep 14, 2012
A former school payroll employee reported incidences of fiscal irregularities to the superintendent, and later reported the same concerns to an outside consultant. Thereafter, she was suspended when it was discovered she falsified her employment application. In response, the employee wrote a personal letter to individual board members expressing frustration with how the superintendent responded to fiscal concerns, and that her suspension was in retaliation for reporting fiscal malfeasance. The superintendent recommended the employee’s termination, which the board approved, and the termination was later made official following a disciplinary hearing.
The employee then filed a First Amendment retaliation claim against the superintendent. The District Court held the former payroll clerk, a public employee, could proceed to trial on the claim that the superintendent violated her right to freedom of speech. The superintendent appealed, alleging he was entitled to qualified immunity which shields government officials performing “discretionary functions” from liability insofar as their conduct did not violate a clearly established right. On appeal, the Second Circuit Court of Appeals assessed the employee’s official duties and the nature of her speech to determine whether she was speaking as a private citizen. The Court ultimately held that the employee’s complaints, specifically directed to the superintendent, the consultant and to board members, were made pursuant to her job duties, and therefore, she was not protected by the First Amendment since she never communicated her complaints to the public. This case demonstrates the scope of First Amendment protection in the context of public employment.
Topics
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

