First Amendment Retaliation

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7^th Circuit Court of Appeals

Case Name: Ronald Forgue v. City of Chicago, et al.

Case No.: 16-2857

Officials: WOOD, Chief Judge, and FLAUM and KANNE, Circuit Judges.

Focus: First Amendment Retaliation

From 1986 to 2015, Plaintiff Ronald Forgue was an officer with the Chicago Police Department (“CPD”). Forgue alleges that, from 2012 to 2015, he was harassed by fellow police officers for adhering to CPD policy and procedure and for filing numerous internal complaints. Forgue filed suit against the City of Chicago and over  forty individual officers under 42 U.S.C. § 1983 for First Amendment retaliation, equal protection, civil conspiracy, and procedural due process, as well as related state law claims. The district court granted defendants’ Rule 12(b)(6) motion to dismiss Forgue’s federal claims and declined to exercise supplemental jurisdiction over his state law claims. We affirm in part and reverse in part.

Forgue contends that his complaints with the IAD and IPRA about the CPD’s treatment of his sons are entitled to First Amendment protection because they were made “as a concerned citizen and father outside of his employment duties.” He stresses that anyone mistreated by the police is free to file complaints with the IAD. Forgue’s argument is unpersuasive. Finally, Forgue claims that defendants entered into a conspiracy to violate his First Amendment and equal protection rights. Because Forgue failed to state a plausible claim of relief under these theories, the district court properly dismissed his conspiracy claim

Affirmed in part. Reversed and Remanded in part.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.