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Justices find email is constitutionally protected speech

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A trial court erred in granting summary judgment to a fire chief and township in a firefighter’s suit following his termination by the chief for sending a personal, political email that the chief believed contained false statements of fact. The firefighter’s email was actually constitutionally protected speech, the Indiana Supreme Court held Thursday.

Bradley Love, a volunteer and part-time firefighter, responded on his personal email account to an email he received regarding the candidate he was supporting for Sugar Creek Township trustee. In the email sent to a few people, Love claimed the Sugar Creek Fire Department has given new sport utility vehicles to lieutenants and captains, and they drive them all over the state; the fire department doesn’t make runs after 4 p.m.; and other claims regarding the fire department.

Fire chief Robert Rehfus was forwarded the email and decided to fire Love because he claimed it contained false statements of fact. Rehfus was supporting a different candidate for trustee.

Love filed a suit under 42 U.S.C. Section 1983 against Rehfus, individually and in his official capacity, and against the Sugar Creek Township arguing his First and Fourteenth Amendment rights were violated. The trial court granted summary judgment in favor of the defendants. The Indiana Court of Appeals reversed.

In Bradley J. Love v. Robert Rehfus, et al., No. 30S01-1004-CV-162, the justices reversed the trial court, finding that Love’s email had constitutional protections under the test set forth in Pickering v. Board of Education, 391 U.S. 563 (1968) and its progeny. There were no genuine issues of material fact as to the facts considered under the Pickering balance – that the public employee was speaking as a citizen and speaking on a matter of public concern – and Love’s speech was protected public-employee speech under the Garcetti-Connick-Pickering test, wrote Justice Frank Sullivan.

The defendants didn’t show that Love’s email had any potential to create difficulties maintaining discipline or loyalty or interfered with working relationships in the fire department. Also, nothing suggested that writing and sending the email interfered with Love’s ability to perform his job or the regular operation of the department. The email can’t be considered a personal attack on Rehfus because it doesn’t reference him by name or position, Justice Sullivan continued.

“The government was not justified in treating Love different from any other member of the general public,” he wrote.

Love argued that the township could be liable for Rehfus’ actions based on Pembaur v. City of Cincinnati, 475 U.S. 469 (1986), because Rehfus had final policymaking authority for the township. The justices found summary judgment in favor of either party on Love’s claim of municipal liability under Section 1983 is inappropriate. An inquiry needs to be made as to whether Rehfus had final policymaking authority regarding the employment of part-time, volunteer firefighters, not whether he was the final policymaking authority with regard to all employment matters for the township or within the department.

The justices ordered on remand that the trial court determine who the final policymaker was, and if it wasn’t Rehfus, determine whether that official regulated to Rehfus the relevant final policymaking authority.

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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