Employees Speech Was Not Constitutionally Protected
Tonya Davis is a registered nurse assigned to the Emergency Room at John H. Stroger, Jr., Hospital of Cook County, Illinois. Davis was involved in a series of unpleasant incidents with hospital personnel and expressed her resulting dismay in a memorandum. This prompted her supervisor, Cynthia Przislicki, to ask Davis to submit to an evaluation of fitness for duty. When Davis refused, Przislicki suspended her; she was ultimately reinstated with back pay.
Not satisfied with that measure, Davis filed suit, alleging that Cook County violated her First Amendment rights. The district court awarded summary judgment to the County. On appeal, the 7th Circuit affirmed, holding that the speech upon which Davis based her case was made pursuant to her duties as a public employee, and thus under Garcetti v. Ceballos was not constitutionally protected.
Davis v. Cook County
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.