• Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
The Truth at Any Cost.
Qui Tam, Compliance and Anti-Corruption News.
SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
Whistleblower Network News
  • Qui Tam
  • SEC
  • CFTC
  • FCPA
  • Whistleblower Resources
  • FAQS
Subscribe
Donate
No Result
View All Result
Whistleblower Network News
No Result
View All Result
Home Corporate

Sixth Circuit says local officials are liable for statements that cause discharge

WNN StaffbyWNN Staff
July 30, 2010
in Corporate, Government, News
Reading Time: 3 mins read
Share on TwitterShare on FacebookShare on LinkedInEmail

The Sixth Circuit U.S. Court of Appeals issued a decision this week that local government officials can be held liable for accusations they make against citizens when it is “reasonably foreseeable” that their statements will cause the citizen to be fired from their job. Martha Paige worked as an accountant for Bunnell Hill Development Company in Warren County, Ohio. She and her husband owned a large farm in that county. When Paige learned about a proposed road project that would interfere with their farming, she organized the Residents’ Association of West Central Warren County. On August 6, 2007, Paige attended a public meeting of the Warren County Port Authority. Kimberly Coyner is executive director of the Port Authority. Before the meeting started, Coyner asked Paige about where she worked, and Paige disclosed that she worked for Bunnell Hill. During the meeting, Paige identified herself as president of the Residents’ Association, and expressed concerns about an interstate project. Paige alleges that on August 13, 2007, Coyner called Bunnell Hill and told a manager that Paige identified herself as speaking for Bunnell Hill. On August 16, 2007, Bunnell Hill fired paige for using the company name to oppose the interstate project, and disclosed Coyner’s call as a basis for the termination.

Paige sued Coyner, Warren County and the Port Authority. The district court dismissed in part on grounds that the county was not responsible for the decision of Bunnell Hill to fire Paige. The Sixth Circuit focused on Conyer’s actions as alleged in Paige’s complaint. Unlike other cases in which citizens sought to make private entities liable for acting in concert with government officers, in this case Paige sought to hold the local governments and their official responsible for their own actions. Interfering with Paige’s employment was certainly “severe enough to deter a person of ordinary firmness from speaking at public meetings,” the Court said. That Bunnell Hill cited Conyer’s statement, combined with the close timing, is enough to find that Paige’s First Amendment activities caused her discharge. The Court also held that whether Paige’s discharge was “reasonable foreseeable” is a fact question the jury can determine. The Court repeatedly noted that Paige alleged Conyer’s statement about her using Bunnell Hill’s name in her public comments was false. I think that Paige should have a good case of retaliation even if Conyer’s statement was true. Either way, a government official’s call to a manager to get a person fired for exercising First Amendment rights is wrong. As the Sixth Circuit concluded, “What they [public officials] cannot do, however, is take action in order to punish a citizen for exercising his or her constitutional rights.” Judge Boggs, concurring, noted that the Sixth Circuit had analyzed a similar claim in which the actionable speech did not have to be false or defamatory if it would “threaten [the palintiff’s] economic livelihood directly or indirect.” Fritz v. Charter Twp. of Comstock, 592 F.3d 718, 724 (6th Cir. 2010). District Judge McCalla also concurred and added that Bunnell Hill’s situation in response to Conyer’s statement could be considered “state compulsion” such that it would be a “state actor.” The case is Paige v. Coyner, 09-3287 (6th Cir. 7-26-2010). Congratulations to attorney Stephen A. Simon of Tobias, Kraus & Torchia in Cincinnati, Ohio, for the victory.

Support Whistleblower Network News
Tags: Corporate WhistleblowersFirst AmendmentGovernment WhistleblowersSixth Circuit
Previous Post

Whistleblowers beware: employers will look for your social networking sites (SNSs)

Next Post

Whistleblower sues Bayer over termination

WNN Staff

WNN Staff

Next Post

Whistleblower sues Bayer over termination

Please login to join discussion

Receive Daily Alerts

Subscribe to receive daily breaking news and legislative developments sent to your inbox.

  • This field is for validation purposes and should be left unchanged.

Most Popular

US Attorneys Reflect on UK’s Whistleblowing Awareness Week

OSHA Highlights Railroad Worker Whistleblower Protections in Wake of Train Derailments

AML Whistleblower Law Could Shift the Way DOJ Handles Whistleblowers

Two Powerful Women Whistleblower Pairs to Learn From This Women’s History Month

WNN Exclusive Interview with Social Security Whistleblowers Sarah Carver and Jennifer Griffith — Part 2

Change the Culture, Make National Whistleblower Day Permanent

Whistleblower Poll

Whistleblower Poll
Whistleblower Poll

Exclusive Marist Poll: Overwhelming Public Support Among Likely Voters For Increased Whistleblower Protections

byGeoff Schweller
October 6, 2020

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

STAY INFORMED.
Subscribe to receive breaking whistleblower updates.

  • This field is for validation purposes and should be left unchanged.

About Us

  • About
  • Contact Us
  • Donate
  • Careers

Subscribe

  • Daily Mail
  • Follow us on Twitter
  • YouTube Channel

Contribute

  • Letter to the Editor
  • Submission Guidelines
  • Reprint Guidelines

Your Experience

  • Accessibility Statement
  • Privacy Policy
  • Terms of Use

Help

  • The Whistleblowers Handbook
  • Frequently Asked Questions
  • Advertise
Whistleblower Network News

Whistleblower Network News is an independent online newspaper providing our readers with up-to-date information on whistleblowing. Our goal is to be the best source of information on important qui tam, anti-corruption, compliance, and whistleblower law developments. 

Submit an Article

Copyright © 2021, Whistleblower Network News. All Rights Reserved.

This Newspaper/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website, you understand that there is no attorney-client relationship between you and the Newspaper/Web Site publisher. The Newspaper/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

SIGN THE PETITION FOR NATIONAL WHISTLEBLOWER DAY IN 2023
No Result
View All Result
  • Exclusives
  • Government
    • False Claims-Qui Tam
    • Federal Employees
    • Intelligence
  • Corporate
    • CFTC & Commodities
    • Dodd-Frank
    • IRS & Tax
    • SEC & Securities
  • Features
  • Legislation
  • International
    • Foreign Corruption
  • Rewards
  • Whistleblower of the Week
  • Environment & Climate
  • Opinion
  • Editorial
  • Employment
    • Sarbanes-Oxley Whistleblowers
    • Retaliation
    • OSHA
  • Media
    • Podcasts
    • Videos
    • Webinars
    • National Whistleblower Day
  • Whistleblower Poll
  • Whistleblower Resources
    • Frequently Asked Questions
    • Resources for Locating An Attorney
    • The New Whistleblowers Handbook
  • National Whistleblower Day ’23

Copyright © 2020, Whistleblower Network News. All Rights Reserved.

Become a Whistleblower Network News Subscriber

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Subscribe to WNN

Retrieve your password

Please enter your username or email address to reset your password.

Subscribe to WNN

Add New Playlist

Go to mobile version