· 7/9/2012
James Brooks v. Howard Arthur, Sr.
Citations
- 685 F.3d 367
- 34 I.E.R. Cas. (BNA) 123
- 2012 WL 2695418
- 2012 U.S. App. LEXIS 13927
- 95 Empl. Prac. Dec. (CCH) 44,556
- 115 Fair Empl. Prac. Cas. (BNA) 761
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff's “concern was not expressed in terms of a breakdown in effective [organizational] management, but rather focused on his personal displeasure with his supervisors” and so was not a matter of public concern
- explaining that when an employer’s practice “crosses a line to the point that imperils the public welfare ... then the public would rightly be concerned about the matter”
- stating that “discriminatory institutional policies or practices can undoubtedly be a matter of public concern [but] [t]he gravamen of this matter however, remains a series of personal differences”
- noting that even where a public employee is terminated in a manner that “ ‘may not be fair’ or is ‘mistaken or unreasonable,’ ” summary judgment in favor of the public employer may nevertheless be appropriate
- distinguishing between complaints by an employee that he is being discriminated against and complaints of broader \discriminatory institutional policies or practices\
- noting the Supreme Court’s skepticism that the First Amendment protects petitions filed by government employees through internal grievance procedures
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Niemeyer, King
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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