Sunday, January 22, 2012

News on the Lake Worth Whistleblower's Lawsuit

On January 18, the lawsuit was amended to include a First Amendment issue. On January 19, Dave Mulvay and Debbie Jackson both were served with subpoenas for their depositions.

COUNT IV
VIOLATION OF 42 U.S.C. §1983

BY PLAINTIFF REYES

  • Plaintiff realleges and references each and every allegation contained in the receding paragraphs, and incorporates the same as if set forth fully herein.
  • Plaintiff's speech, namely his statements to the commissioners was of public concern regarding the potential harm to the City's energy system.
  • Plaintiff's interest in speaking out to thep1edia outweighed the City's interest in efficient public service, as the subject of his speech was health, safety and welfare of the public.
  • Defendant discriminated against Plaintiff and deprived Plaintiff of rights, privileges, and immunities secured by the Constitution and laws by its actions, including terminating Plaintiff and causing harm to his good name.
  • As a direct result of Plaintiff's speech, Defendant retaliated against him in violation of the fundamental protections of his basic constitutional rights.
  • Defendant City's discriminatory and retaliatory actions against Plaintiff chilled the exercise of his constitutionally protected speech.

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