First Amendment Retaliation Claim Fails Where Employee's Critique Of School And Superiors Was Not Made As Private Citizen
A former employee of District of Columbia Public
Schools (DCPS) did not speak as a private citizen, as was required for First
Amendment retaliation claim, when he criticized the school and his superiors.
The employee spoke pursuant to his responsibilities as the DCPS general manager
of transportation, when he complained to his superiors about staffing and budget
issues for his division. He acted in this role when he reported to
court-appointed officials regarding problems plaguing the division in
implementing court-ordered reforms in transporting special education students.
He was also fulfilling his duties when he testified before the D.C. Council
Committee, and filed an administrative complaint with the D.C. Inspector
General, describing his superiors' alleged attempts to undermine his management.
Winder v. Erste