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Keywords

lawsuitattorneyaffidavitmotiondefense attorney
attorneylawyerappealrespondent

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Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951, 164 L.Ed.2d 689, 87 Empl. Prac. Dec. P 42,353, 74 USLW 4257, 152 Lab.Cas. P 60,203, 24 IER Cases 737, 06 Cal. Daily Op. Serv. 4453, 2006 Daily Journal D.A.R. 6495, 19 Fla. L. Weekly Fed. S 203

Facts

Richard Ceballos, employed as a deputy district attorney, was asked to review a case where a defense attorney claimed inaccuracies in an affidavit used for a search warrant. After determining that the affidavit contained serious misrepresentations, Ceballos wrote a disposition memo recommending dismissal of the case. Despite his findings, the prosecution continued, and Ceballos faced retaliatory actions, including reassignment and denial of promotion, leading him to file a § 1983 lawsuit against his supervisors.

Respondent Richard Ceballos has been employed since 1989 as a deputy district attorney for the Los Angeles County District Attorney's Office. During the period relevant to this case, Ceballos was a calendar deputy in the office's Pomona branch, and in this capacity he exercised certain supervisory responsibilities over other lawyers.

Issue

Does the First Amendment protect a public employee from disciplinary action based on speech made pursuant to the employee's official duties?

The question presented by the instant case is whether the First Amendment protects a government employee from discipline based on speech made pursuant to the employee's official duties.

Rule

When public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.

When public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.

Analysis

The Court determined that Ceballos' memo was written as part of his official duties as a deputy district attorney, and therefore, he was not speaking as a citizen. The Court emphasized that the First Amendment does not protect public employees from discipline for expressions made in the course of their employment responsibilities, as this would undermine the government's ability to manage its operations effectively.

The dispositive factor here is not that Ceballos expressed his views inside his office, rather than publicly, nor that the memo concerned the subject matter of his employment. Rather, the controlling factor is that Ceballos' expressions were made pursuant to his official duties.

Conclusion

The Supreme Court reversed the Ninth Circuit's decision, concluding that Ceballos' speech was not protected by the First Amendment because it was made pursuant to his official duties.

We hold that when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.

Who won?

The County and its supervisors prevailed because the Supreme Court ruled that Ceballos' memo did not qualify for First Amendment protection.

The Court of Appeals based its holding in part on what it perceived as a doctrinal anomaly. The court suggested it would be inconsistent to compel public employers to tolerate certain employee speech made publicly but not speech made pursuant to an employee's assigned duties.

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