Liverman v. City of Petersburg

Police Chief Dixon revised a department policy governing officers’ use of social media platforms: “Negative comments on the internal operations of the Bureau, or specific conduct of supervisors or peers that impacts the public’s perception of the department is not protected by the First Amendment . … Officers may comment on issues of general or public concern (as opposed to personal grievances) so long as the comments do not disrupt the workforce, interfere with important working relationships or efficient work flow, or undermine public confidence in the officer.” The policy “strongly discourages employees from posting information regarding off-duty activities.” While off-duty, officers Liverman and Richards posted messages to Facebook, concerning “rookie cops” being given duties without adequate training, and referencing an unnamed supervisor who had not earned respect. Each received an oral reprimand and six months’ probation. Weeks later, Dixon altered another policy, excluding officers on probation from participating in the promotion process. The officers became ineligible to sit for the promotional exam. They indicated that they intended to challenge the disciplinary actions. Shortly thereafter, they were the subject of several complaints and investigations. Dixon decided to fire Liverman. The officers filed suit under 42 U.S.C. 1983. The district court found that Dixon was entitled to qualified immunity because the policy fell within a “gray zone” and concluded that the internal investigations were not retaliatory. The Fourth Circuit reversed in part, acknowledging need for discipline, but stating that the policy and the disciplinary actions taken pursuant to it would, if upheld, lead to an utter lack of transparency in law enforcement operations that the First Amendment cannot countenance. View "Liverman v. City of Petersburg" on Justia Law