"Quirky" Facts Of Case Demonstrate That, At A Minimum, The Constitutional Right Was Not "Clearly Established"
CHAKLOS v. STEVENS (March 30, 2009)
Richard Chaklos and Andrew Wist were employees of the Illinois State Police ("ISP"). Their job was to train forensic scientists. Chaklos and Wist also owned Midwest Forensic Services ("MFS"). In 2004, Illinois allocated funds to process a back load of DNA evidence from rape victims. The ISP received some of the money in order to hire and train additional forensic scientists. The ISP decided to retain a Florida company for those services. When Chaklos and Wist learned of this decision, they sent a protest letter to the ISP on MFS letterhead. The letter criticized the ISP for its use of a no-bid process, it criticized the Florida company, and it indicated that MFS could provide the same training at a lower cost. Upon receipt of the letter, the ISP suspended Chaklos and Wist for violating its policy regarding secondary employment. Chaklos and Wist filed a § 1983 action, alleging retaliation for their exercise of First Amendment rights. The district court found that the letter was protected speech but granted summary judgment to defendants on the grounds they were entitled to qualified immunity. Chaklos and Wist appeal.
In their opinion, Chief Judge Easterbrook and Judges Rovner and Williams affirmed. The Court noted that the law with respect to qualified immunity had changed since the case was argued. At the time of argument, Saucier required courts to first determine whether a plaintiff had been deprived of a constitutional right and then determine whether that particular right was "clearly established." In Pearson, the Supreme Court recently concluded that lower courts could use their discretion in deciding which prong to address first. In addressing the First Amendment issue, the Court concluded that: a) plaintiffs were not speaking pursuant to their official duties under Garcetti, and b) looking at the content of the speech as a whole, it addressed a matter of public concern and was not motivated solely by personal interests. These conclusions led the Court to a balancing of the interests of the plaintiffs and their government employer. The Court noted the lack of disruption caused by the letter, the ISP's policy allowing secondary employment, the ISP's erratic enforcement of its secondary employment policy, and the dual purpose of the letter. Based on the closeness of this balancing, the Court determined that it was unnecessary to decide whether the letter was constitutionally protected. Instead, the Court concluded that it was not sufficiently clear to a government official that the conduct complained of would violate a constitutional right. The right was therefore not “clearly established." Defendants were entitled to qualified immunity.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select