The 7th Circuit decides Tolliver v. City of Chicago, 2016 U.S. App. LEXIS 6632 (7th Cir. 2016): Under Heck v. Humphrey, a Section 1983 plaintiff cannot obtain damages in circumstances where the actual relief sought necessarily implies the invalidity of his/her criminal conviction. See Heck v. Humphrey, 512 U.S. 477 (1994). Heck holds that “in…
Read MoreHeffernan v. City of Paterson, et al., 578 U.S. ______ (April 26, 2016). Retaliation, Motive, and the First Amendment Rights of Public Employees Generally, a government employee cannot be fired, disciplined, or demoted for exercising their right to free speech in his or her civilian capacity on an “issue of public concern.” But what happens…
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