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Ellen H. Decotiis v. Lori Whittemore, Individually and In Her Official Capacity As Director

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Before Torruella and Lipez, Circuit Judges, and Smith, *fn1 District Judge.

In this case we must consider the First Amendment rights of a speech and language therapist working as a state contractor.*fn2 Navigating the shoals of the standard articulated by the Supreme Court in Garcetti v. Ceballos, 547 U.S. 410 (2006), has proven to be tricky business, and particularly so in the context of a motion to dismiss, because the inquiry is so highly fact intensive and context specific.

Plaintiff Ellen H. Decotiis brought suit against Child Development Services-Cumberland County (“CDS-Cumberland”), Lori Whittemore individually and in her official capacity as Director of CDS-Cumberland, and Debra Hannigan in her official capacity as State Director of Child Development Services (“CDS”) (collectively the “Defendants”) pursuant to 42 U.S.C. § 1983. Decotiis alleges that she was retaliated against in violation of her First Amendment free speech rights for expressing her opinion to parents that CDS-Cumberland was not in compliance with state regulations and urging parents to contact advocacy organizations to address this problem. She seeks a declaration that the non-renewal of her CDS-Cumberland contract was a violation of her First Amendment rights, injunctive relief to reinstate her contract and to prevent future retaliation based on protected speech, and attorney’s fees. She also seeks compensatory and punitive damages from Whittemore, and compensatory damages from CDS-Cumberland.

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