Retaliation – Discrimination – 1st Amendment

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7^th Circuit Court of Appeals

Case Name: Laura Kubiak v. City of Chiacgo, et al

Case No.: 14-3074

Officials: DECEMBER 7, 2015 — DECIDED JANUARY 11, 2016

Practice Area: Retaliation – Discrimination – 1^st Amendment

Appellant fails to sufficiently allege facts to sustain claim.

“First, as to the content of Kubiak’s speech, Kubiak argues that speech involving police departments and misconduct of officers is always a matter of public concern. However, when analyzing the content of the speech, the broad subject matter is not determinative, and we must instead focus on the par‐ ticular content of the speech. Bivens, 591 F.3d at 560–61. The precise content of Kubiak’s speech focused on the work‐ related incident with Zala and on Kubiak’s concerns about her own safety. Kubiak’s complaint states that she informed Stratton “of what had occurred,” “that she was afraid that Officer Zala was going to physically strike her,” and that “Zala had similar outbursts in the past towards her” (empha‐ sis added). The complaint also states that Kubiak requested a meeting with Biggane to “discuss the incident” and that Kubiak’s memorandum to Biggane, which initiated the IAD in‐ vestigation, “complain[ed] of Officer Zala’s assault.” Thus, the particular content of Kubiak’s speech was focused on Zala’s actions toward Kubiak personally. See Houskins, 549 F.3d at 491–92 (holding that a social worker’s police report stating that a correctional officer had hit her did not address a matter of public concern because the report was “nothing more than [a] personal grievance against [the officer] in or‐ der to have him arrested for striking her”). “

Affirmed

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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.