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Fired Whistleblowing Rec Staff Allowed to Amend Complaint

The plaintiff, a prison "recreation specialist," alleged that he was fired because of his complaints of lack of safety in the workplace. The court first says that his complaints about lack of personal security amount to no more than negligence, even though he doesn't seem to have been suing about them directly. He also fails to state a First Amendment claim, since issues of his personal safety are not of public concern. However, he is given leave to file an amended complaint, since oral argument indicated that violations of OSHA might be at issue. See: Kohl v. Smythe, 25 F.Supp.2d 1124 (D.Haw. 1998).

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Related legal case

Kohl v. Smythe