This month, we discuss Matthews v. City of New York,1 wherein the U.S. Court of Appeals for the Second Circuit identified circumstances in which public-employee speech qualifies for First Amendment protection. In its decision, written by Judge John M. Walker, Jr. and joined by Judge Peter W. Hall and Judge Garvan Murtha,2 the court concluded that, when a public employee engages in speech pertaining to a subject that does not fall within the employee’s duties, and does so in a manner in which ordinary citizens would be expected to engage, the employee speaks as a citizen whose speech is protected, not as a public employee, whose speech may be unprotected.
Background
On Feb. 28, 2012, plaintiff, NYPD police officer Craig Matthews, filed a complaint under 42 U.S.C. §1983 alleging that the City of New York retaliated against him in violation of the First Amendment to the U.S. Constitution and Article I, §8 of the New York State Constitution for speaking about the 42nd Precinct’s arrest quota policy. Matthews alleged that, beginning in 2008, unnamed supervisors in the precinct implemented a quota system mandating the number of arrests, summons, and stop-and-frisks that police officers must conduct. Matthews further alleged that, over time, this quota system became more sophisticated as a “point” system was established and different point values were awarded or taken away based on the type of police action.
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