Chrzanowski v. Bianchi

Dist. Ct. erred in granting defendant-employer’s motion for summary judgment in plaintiff-employee’s section 1983 action alleging that he was fired from his assistant state’s attorney position in retaliation for providing grand jury and trial testimony regarding alleged wrongdoing committed by state’s attorney in handling cases involving his relatives and political allies. While Dist. Ct. found that plaintiff’s testimony was not subject to First Amendment protection under Garcetti, 547 US 410, because it was given pursuant to his official duties, Ct. of Appeals found that plaintiff presented valid First Amendment claim where providing truthful testimony pursuant to subpoena was not one of plaintiff’s job duties. Ct. also rejected defendant’s claim that it had legitimate managerial interest in telling plaintiff what to say in court.