Castille v. Port Arthur ISD
Split Score
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Case Summary
Disposition
Affirmed
A former special-education administrator alleged that Port Arthur ISD and several school officials conspired to fire him in retaliation for reporting child-abuse incidents and thereby violated his First and Fourteenth Amendment rights. The Fifth Circuit held that the plaintiff’s reports and refusals to follow his principal’s preferred narrative were made pursuant to his official duties and therefore were not protected citizen speech; it further found no due-process violation, affirmed qualified immunity, and upheld dismissal of all claims.
Circuit Split Identified
Legal Issue
Whether a public employee’s refusal to alter or retract a truthful statement made within the scope of his employment is protected citizen speech under the First Amendment.
Circuit Positions
Refusal to falsify or alter an internal report made in the course of official duties is NOT protected citizen speech; falls within employee’s job responsibilities under Garcetti.
Refusal to withdraw or falsify a truthful on-the-job report IS protected First Amendment speech notwithstanding that it concerns the employee’s duties.
Conflict Summary
The Second Circuit has held that a police officer’s refusal to withdraw or falsify a truthful report constitutes protected speech even though the report concerns on-the-job matters, while the Fifth Circuit regards such refusals as unprotected because they are made pursuant to official duties under Garcetti.