Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-police officer’s section 1983 action, alleging that defendant-Police Chief violated his First Amendment rights by retaliating against him after he criticized defendant’s leadership skills to local Police and Fire Commission. Plaintiff gave criticisms during closed session of Commission, which otherwise had disciplinary authority over defendant, and during said session plaintiff accused defendant of instilling fear in officers on police force, lacking professionalism when dealing with public, ordering police officers to turn off body cameras, verbally abusing suspects, and changing radio talk procedures in ways that threatened officer safety. Dist. Ct. could properly find that plaintiff’s speech was not protected under First Amendment under Garcetti, 547 U.S. 410, since his statements to Commission were pursuant to his official duties as police officer, and not in his role as private citizen.
Federal 7th Circuit Court
Civil Court
First Amendment