United States Third Circuit

In this case, plaintiff police officer asserts that he was subject to unconstitutional retaliation under the First Amendment when he was demoted after being observed obtaining a local mayoral candidate's campaign sign at the request of his mother. Summary judgment in favor of defendants is affirmed, where: 1) plaintiff has failed to come forward with evidence that he actually exercised his First Amendment rights; and 2) claims of retaliation based only on the perceived exercise of First Amendment rights are foreclosed by Fogarty v. Boles.

Appellate Information

• Decided 01/22/2015
• Published 01/22/2015

Judges

• Vanaskie

Court

• United States Third Circuit

Counsel