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Officer Montalbano may want to look at this officer winning a Supreme Court case over his chief.
Apr 26, 2016 @ 11:09 AM 936 views
Police Chief May Have Violated Officer's Rights By Mistake, Supreme Court rules
http://www.forbes.com/sites/danielfisher/2016/04/26/police-chief-may-have-violated-officers-rights-by-mistake-supreme-court-rules/#7b3693c3301e
Heffernan sued under a federal statute prohibiting laws or regulations that violate a citizen’s constitutional rights. The statute doesn’t state whether actual or perceived activity is the test and neither did the court’s precedents. The court came close in Waters v. Churchill, a 1994 decision upholding an employer’s right to dismiss an employee in the mistaken belief it was over purely personal gossip. That case shows it’s the motive that matters, Justice Stephen Breyer wrote for the majority.