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· 1/6/2010

Bivens v. Trent

Citations

  • 591 F.3d 555
  • 30 I.E.R. Cas. (BNA) 250
  • 2010 U.S. App. LEXIS 215
  • 93 Empl. Prac. Dec. (CCH) 43,814
  • 2010 WL 22369

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that complaints the plaintiff made directly up the chain of command to his supervisors were not protected by the First Amendment
  • concluding that plaintiff’s union grievance was personal because it “arose as a result of [his] own illness and detailed his own exposure to environmental lead at the firing range”
  • describing how the content of plaintiff’s speech related only to police conditions at firing range, not matters directly affecting public
  • “Although the fact that the speech was entirely internal does not itself render the speech unprotected, this fact does suggest that the grievance was personal in nature.” (internal citation omitted)
  • union grievance over lead exposure didn’t address matter of public concern because it “made no reference to potential safety issues for the public”
  • “Although the fact that the speech was entirely internal does not itself render the speech unprotected …, this fact does suggest that the grievance was personal in nature.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Manion, and Evans, Circuit Judges

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.