Graziosi v. City of Greenville

After plaintiff was terminated, she filed suit against the City and Chief Freddie Cannon under 42 U.S.C. 1983, alleging that the termination was a result of engaging in protected speech under the First Amendment. The court affirmed the district court's grant of summary judgment to defendants where plaintiff, a sergeant with the police department, made critical statements against the Chief on her Facebook page and such statements were not within the ordinary scope of her duties as a police officer. Therefore, the statements on Facebook were speech made as a citizen. Further, considering the content, form, and context of plaintiff's speech, the court held that the speech is not entitled to First Amendment protection where plaintiff's speech was primarily motivated by and primarily addressed her displeasure with the Chief and not a matter of public concern. Even assuming that plaintiff spoke as a citizen on a matter of public concern, she failed to demonstrated that her interests outweigh those of defendants to maintain discipline and close working relationships, while preventing insubordination within the police department. View "Graziosi v. City of Greenville" on Justia Law