Dible v. City of Chandler - 515 F.3d 918 (9th Cir. 2008)

Rule:

There are some limits to a governmental entity's investigation of its employees. However, the United States Court of Appeals for the Ninth Circuit has never gone so far as to suggest that those limits are exceeded where the question is directly related to an employee's connection to an otherwise unprotected activity that affects the functions and mission of his or her employer.

Facts:

The Chandler Police Department suspended Ronald Dible from his job as a police officer and conducted an investigation after it learned that the latter was operating a website featuring sexually explicit photographs and videos of his wife, Megan Dible. The Police Department further found that Ronald and Megan had gone to bars together to promote the website. At the end of the investigation, the police chief terminated Ronald’s employment, and the City's Merit Board upheld that decision. The Dibles sued the City, claiming that it violated their rights under the First Amendment and state law. The United States District Court for the District of Arizona granted the City's motion for summary judgment and denied the Dibles’ motion for a new trial. The Dibles appealed.

Issue:

Was Ronald Dible’s First Amendment right to freedom of speech violated when he was terminated for maintaining and participating in a sexually explicit website with his wife, Megan Dible?

Answer:

No.

Conclusion:

The court of appeals held that the City did not violate Ronald Dible’s First Amendment rights or state law when it terminated his employment. According to the court, Ronald believed, indeed most likely knew, that his position in the sexually explicit website business was not compatible with his position as a police officer and risked violating the City and Police Department's rule against engaging in conduct which might bring discredit to the City. In assessing the impact of Ronald’s conduct, the City properly considered that fact that public knew about the website and made disrespectful remarks to other officers because it existed.