Speech Of Narcotics Unit Supervisor Was Pursuant To Official Duties
Vose sued the employer under 42 USC Section 1983 alleging retaliation for exercise of his First Amendment free speech rights. The trial court denied the employer's motion to dismiss based on qualified immunity. The 7th Circuit reversed. Vose, a supervisor in the narcotics unit, complained that the major case unit filed false affidavits for search warrants and failed to provide documents to defense counsel. The court focused on whether Vose was speaking pursuant to his official duties as the supervisor of the narcotics unit, or as a citizen. Because Vose was responsible for the operations of the narcotics unit, the court found his speech regarding misconduct that may affect his unit was made pursuant to his official responsibilities, and not as a private citizen, despite not having explicit responsibility for the detectives involved or the search warrants at issue.
Vose v. Kliment
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.
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