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Trial Required Over Firing of Juvenile Prison Warden for Whistleblowing

The director of a juvenile institution was fired after forwarding to the State Commission of Correction a report by one of his subordinates that stated certain agency policies were a cause of turmoil at the facility. There were triable issues whether the director adopted the subordinate's report and made it his own speech and whether he objected to the agency's policies. As a matter of law, the report "addressed a matter of public concern: the proper administration of State facilities for the incarceration of juveniles." (71) It addressed "issues that were the subject of ongoing political discourse." There is a factual issue whether the speech was the cause of the plaintiff's dismissal. See: Hale v. Mann, 219 F.3d 61 (2nd Cir. 2000).

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Related legal case

Hale v. Mann