United States Third Circuit

In an action brought by former troopers and instructors at a police firing range against the government and officials, judgment as a matter of law for defendants is affirmed where: 1) plaintiffs' Petition Clause claim failed as their complaints within the chain of command were not petitioning activity entitled to protection under the First Amendment; and 2) their First Amendment retaliation claim failed under applicable Supreme Court precedent since plaintiffs were speaking pursuant to their employment duties when they made their concerns about hazardous conditions and governmental corruption, misconduct, and mismanagement, known through the chain of command and when they spoke with a State Auditor.

Appellate Information

• Argued 06/08/2007
• Decided 08/30/2007
• Published 08/30/2007

Judges

• Before: SMITH and GREENBERG, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Martin D. Haverly, Thomas S. Neuberger, Stephen J. Neuberger (argued), The Neuberger Firm, Wilmington, DE, for Appellants.


• For Appellees:
  
• Edward T. Ellis (argued), Carmon M. Harvey, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Appellees.