Boulton v. Swanson

Sergeant Boulton, working in the county jail, was a union leader. The union initiated mandatory contract arbitration with the Sheriff’s Office, at which Undersheriff Swanson testified regarding Taser, firearm, and CPR training. Boulton testified that Swanson had misrepresented the degree of training. The next day, Boulton was instructed to wear his uniform or business attire to subsequent arbitrations. When he later wore a blazer and golf shirt, he was investigated for failing to follow a direct order. Soon after, there was a short power outage at the jail. Boulton was told that there would be an investigation of his actions during the outage. Boulton was notified that subordinates had brought complaints against him and that the department was starting a new investigation. Boulton was “forbidden to inquire with any witnesses or investigators.” Boulton admits that he asked his subordinates for details about the investigation. Boulton was suspended without pay for several days and demoted for creating a “hostile” and “unprofessional” environment for subordinates and for making derogatory comments to female detainees. The Sixth Circuit affirmed summary judgment in favor of the county. Boulton’s speech at the arbitration was protected by the First Amendment, but he did not show that the demotion and suspension resulted from a policy against criticism, rather than his other “extensive misconduct.” View "Boulton v. Swanson" on Justia Law