On February 9th, a federal Court of Appeals upheld the dismissal of custodian Norman Morey from his job by the Somers Central School District in Somers, NY. Morey filed suit in 2006, saying his termination as head custodian was in retaliation for his expressing concern about possible asbestos and thus, violated his First Amendment rights. The lower court dismissed the suit in 2010. Citing the Supreme Court, the appellate court said that because the custodian’s speech was made pursuant to his official duties, he had no free speech protection.
The Summary Order of the Second Circuit affirming the District Court’s decision can be read here. Morey v. Somers Central School District, No. 10-1280-cv.
LINKS
http://courtlistener.com/pdf/2011/02/09/Norman_Morey_v._Somers_Central_School_District_et_al..pdf
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