Officer's Speech In Filing Lawsuit Was Not On Matter Of Public Concern
Retired police sergeant Angelo Ruotolo sued the City of New York and various officials and members of the New York City Police Department, alleging retaliation in violation of the First Amendment for his speech regarding health concerns at his precinct. Ruotolo's speech consisted of a report concerning health conditions at his precinct, which he was directed to prepare in his role as precinct Safety Officer, and a lawsuit he filed in the wake of retaliatory personnel action taken against him after the report was submitted.
The district court dismissed, citing Garcetti v. Ceballos, on the ground that both the report and the lawsuit were unprotected because Ruotolo was speaking as a public employee in the course of his employment duties.
Ruotolo did not appeal the dismissal of the claim premised on his report. As to the claim based on Ruotolo's lawsuit, the 2nd Circuit affirmed on the ground that it did not address a matter of public concern.
Ruotolo v. New York
The 2nd Circuit Court of Appeals’ jurisdiction includes New York, Vermont and Connecticut.