Hutchins v. Clarke

Dist. Ct. erred in granting plaintiff-employee’s motion for summary judgment in section 1983 action, as well as action alleging violations of Wisc. Open Records Act and Right to Privacy statute, where plaintiff asserted that defendant-supervisor violated plaintiff’s First Amendment rights after plaintiff had voiced criticism of defendant on radio show where defendant disclosed inaccurate description of plaintiff’s disciplinary record on same show in retaliation for plaintiff’s prior comments. Plaintiff failed to establish any violation of Wisc. Open Records Act where there was impromptu disclosure of plaintiff’s disciplinary record without any request to inspect plaintiff’s disciplinary record. Moreover, plaintiff failed to establish violation of Wisc. Right to Privacy statute where information in plaintiff’s disciplinary record was available to public as matter of public record. Also, defendant’s statements about plaintiff’s disciplinary history were not actionable as retaliation under section 1983 where said statements did not constitute threat, coercion or intimidation suggesting future punishment.