United States Sixth Circuit

In a First Amendment retaliation action brought by a terminated park ranger alleging that defendant fired her due to comments she made to a consultant it hired to interview employees as part of a departmental evaluation, dismissal of the complaint for failure to state a claim is affirmed where plaintiff's speech was not protected by the First Amendment as she did not speak "as a citizen", but instead spoke pursuant to her employment responsibilities.

Appellate Information

• Decided 08/24/2007
• Published 08/24/2007

Judges

• Before:  COLE and GILMAN, Circuit Judges;  MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph M. Hegedus, Ohio Patrolmen's Benevolent Assn., Columbus, Ohio, for Appellant.  David S. Kessler, Blaugrund, Herbert & Martin, Dublin, Ohio, for Appellees.   ON BRIEF:  Joseph M. Hegedus, Ohio Patrolmen's Benevolent Assn., Columbus, Ohio, Kevin P. Powers, Ohio Patrolmen's Benevolent Assn., North Royalton, Ohio, for Appellant.  David S. Kessler, Blaugrund, Herbert & Martin, Dublin, Ohio, Stephen P. Postalakis, Blaugrund, Herbert & Martin, Worthington, Ohio, for Appellees.