The Supreme Court of the United States held in the seminal case of Garcetti v. Ceballos, 547 U.S. 210 (2006) that a public official may exercise protected freedom of speech only during private speech as part of his or her life as a private citizen, and not during his or her official duties as a public official.
“Excessive force” claims may be litigated pursuant to 42 U.S.C. § 1983 as follows: Under the Fourth Amendment for claims arising during arrest; under the Fourteenth Amendment for claims arising during pretrial detention; under the Eighth Amendment for claims arising after conviction. In 2015, the United States Supreme Court in Kingsley v. Hendrickson, 135 S.
Employment discrimination encompasses discrimination based on a person’s disability and making reasonable accommodations for that person’s disability. I. Reasonable Accommodations The Americans with Disabilities Act (“ADA”) prohibits employers from discriminating against disabled employees. 42 USC § 12112, Taylor v. Phoenixville Sch. Dist., 184 F.3d 296, 306 (3d Cir. Pa. 1999.). A primary goal of the