Employment — public employment — First Amendment

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United States Court of Appeals For the Seventh Circuit

Civil

Employment — public employment — First Amendment

Where a plaintiff presented no evidence that her supervisor knew of her statements, summary judgment was properly granted to the employer on the employee’s claim that her right to freedom of speech was infringed.

“The district court did not err in granting Defendants’ motion because Diadenko failed to present evidence that Folino was aware of her letter to the Mayor before taking disciplinary action against her. Without evidence of knowledge on Folino’s part, we cannot find that the letter motivated her decision to discipline Diadenko, which is a key requirement of a First Amendment retaliation claim. Diadenko’s challenge to the award of summary judgment on her state law claim also fails because she did not properly present the facts upon which she bases her argument on appeal. Therefore, we affirm the district court’s rulings.”

Affirmed.

12-3091 Diadenko v. Folino

Appeal from the United States District Court for the Northern District of Illinois, Grady, J., Williams, J.