Archives for October 2018

In-Court Testimony of California Police Officer Not Protected by First Amendment

By: Loyd Willaford and Clive Pontusson

In Derby v. City of Pittsburg, a Federal Court in California ruled that Internal Affairs Investigator Wade Derby could not prove that there was a direct link between his statements in court relating to suspicious practices at the Pittsburgh Police Department and being fired from his job. The Court ruled that Derby’s statements in court were not protected by the First Amendment.

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Federal Court Says Massachusetts Police Officer Had No Right to Employment Beyond His One-Year Contract

By: Loyd Willaford and Clive Pontusson

In Smith v. Town of Bridgewater, a Federal District Court in Massachusetts dismissed the claim of a Special Police Officer, employed on a one-year contract, that his due process rights had been violated. The court found that the Officer only had a reasonable expectation of employment for the term of his contract. The Town decided not to re-hire him outside of that contract, and therefore that decision did not violate the Officer’s due process right to a termination hearing.

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Kansas Police Officer’s First Amendment Claim of Being Fired for Reporting Sheriff’s Deputy Driving Erratically Can Proceed

By: Loyd Willaford and Clive Pontusson

In Finley v. City of Colby, Police Officer Lance Finley claimed that the Chief of Police and the County Sheriff acted together to get him fired after he reported that a Sheriff’s Deputy was a threat to public safety. The Court dismissed the officer’s claim of tortious interference by the County Sheriff and dismissed the claim that he was retaliated against for statements his brother (an employee of the Sheriff’s Office) had made. But the court allowed the Officer’s claim that he was fired for speaking out on an issue of public safety to continue.

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