Public employees are “the members of a community most likely to have informed and definite opinions” about a wide range of matters related, directly or indirectly, to their employment. Courts balance the First Amendment interest of the employee against “the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.”...42 U.S.C. § 1985(2) protects expert witnesses...because individuals working in law enforcement "are often in the best position to know" about the occurrence of official misconduct, "it is essential" that such well-placed individuals "be able to speak out freely" about official misconduct...Kinney v. Weaver, 367 F.3d 337 (5th Cir. 04/15/2004); Swartzwedler v. McNeilly, 297 F.3d 228 (3d Cir. 07/19/2002); Hoover v. Morales, 164 F.3d 221 (5th Cir. 12/31/1998);SHELTON POLICE UNION, INC. v. VOCCOLA, 125 F.Supp.2d 604 (D. Conn. 01/02/2001)
Discretionary Duty/Ministerial Duty/ Due Regard Standard for Police Pursuits