November 15, 2018
By Loyd Willaford and Clive Pontusson
In Mote v. Walthall, the U.S. Court of Appeals ruled that a Police Chief who threatened and intimated an Officer trying to form a policeman’s association could not assert a qualified immunity defense, because the Officer was engaging in Constitutionally-protected free speech. The lawsuit will therefore continue in a lower court.
Filed Under: Constitutional Rights, Free Speech Rights
November 8, 2018
By Loyd Willaford and Clive Pontusson
In Booth v. North Slope Borough, a federal court held that a Police Department employee could proceed with her claim that she was fired in retaliation for taking leave under the Family and Medical Leave Act (FMLA), as well as her claim for intentional infliction of emotional distress.
Filed Under: Legal Protections
November 2, 2018
By Loyd Willaford and Clive Pontusson
In Nagel v. City of Jamestown, a Federal Court held that even though an officer was not given complete notice of the charges against him before he was terminated, the fact that he received a full post-termination hearing meant that he received due process under the law.
Filed Under: Constitutional Rights, Free Speech Rights
November 2, 2018
By Loyd Willaford and Clive Pontusson
In Serna v. Board of Commissioners of Rio Ariba County, a Court held that detention center employees had a viable lawsuit that they should be paid for pre-shift briefings.
Filed Under: Wage and Hour Cases
November 2, 2018
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.
Filed Under: Constitutional Rights, Free Speech Rights
October 26, 2018
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.
Filed Under: Constitutional Rights, Free Speech Rights
October 26, 2018
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.
Filed Under: Free Speech Rights
October 26, 2018
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.
Filed Under: Constitutional Rights, Free Speech Rights
January 23, 2018
By Jim Cline
This article is the 57th and Final in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the last few months we’ve published, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We covered topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.
Filed Under: Disability, Legal Protections
December 26, 2017
By Jim Cline
This article is the 56th in a multiple part series covering the rights your injured and disabled members have and how you, as a union or guild representative, can best assist them. Over the last few months and continuing for the next few weeks, we’re publishing, in various segments, information on how state and federal laws protect your members who are hurt or otherwise unable to work. We’ll cover topics including disability discrimination law, the FMLA, job protection rights under the CBA, workers compensation, disability benefits, and the right to bring a civil lawsuit.
