Note by Stevan C. Dittman
Plaintiff Sheila Myers was employed as an assistant district attorney for Orleans Parish, Louisiana. Hoping to avoid potential conflicts of interest, she opposed district attorney Harry Connick's proposal to transfer her to a different section of Criminal District Court in Orleans Parish. Myers communicated her opposition to the transfer to several of her supervisors, including Connick. After receiving a transfer order, she composed a questionnaire concerning office transfer policy, office morale, the need for a grievance committee, the level of confidence in superiors, and whether employees felt pressured to work in political campaigns. Shortly after she distributed this questionnaire to other assistant district attorneys, Myers was summarily dismissed from her position by Connick, who offered her refusal to accept the transfer and her insubordination in circulating the questionnaire as reasons for her dismissal. Myers filed suit against Connick in federal district court, alleging that she was wrongfully discharged for exercising her constitutionally protected right of free speech. The court found for plaintiff and ordered her reinstated as assistant district attorney with backpay, compensatory damages, and attorney's fees. The court of appeals affirmed. On certiorari, the Supreme Court reversed, and held that when a public employee speaks upon employment grievances of principally personal, and not public, interest, her speech is not protected by the first amendment. Connick v. Myers, 103 S. Ct. 1684 (1983).
About the Author
Stevan C. Dittman.
Citation
58 Tul. L. Rev. 831 (1984)