Government employee's protection against retaliation - protected right to be witness in civil proceeding HEADNOTES Facts When a local official was sued for divorce, his wife's attorney subpoenaed a clerk from his office to be a witness in the divorce trial. She was expected to testify about the official's alleged infidelity to his wife. The clerk was never called to testify but a few weeks later her employment was terminated. She alleged that her termination was in retaliation for her being a potential witness against the official. Decision A local government official can be sued for damages resulting from taking retaliatory action against a subordinate employee for being subpoenaed as a witness in a civil court proceeding involving the government official's personal interests. Law Applied 42 U.S.C. § 1983: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law,
International Labour Law Reports Online – Brill
Published: Jan 1, 1995
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