Statements made by a public employee in his "official capacity" in the course of an investigation by public agencies are not protected by the First Amendment

An employee of New York City's Department for Citywide Administrative Services [Plaintiff] alleged that he was terminated from his position because he provided "unfavorable statements to investigators" during interviews concerning the City’s involvement in certain transactions made during his tenure. These transactions had been the subject of multiple inquiries and investigations by various New York City and federal agencies. 

Federal district court granted the City’s motion for summary judgment, concluding that Plaintiff's statements made in the course of the investigative interviews were made in his capacity of his being an employee of the City rather than as a private citizen. The court said that [1] such statements "were not protected by the First Amendment" and [2] the Plaintiff "failed to show that a causal connection existed between his cooperation with investigators and his later discharge." 

Noting that to prevail on a First Amendment retaliation claim the plaintiff must establish that his protected speech was a but-for cause of some adverse employment action, the Circuit Court of Appeals affirmed the lower court's ruling, explaining that it found that "no reasonable juror could find that [Plaintiff's] testimony was the but for cause of his termination". 

The decision is posted on the Internet at https://www.ca2.uscourts.gov/decisions/isysquery/6b8ab6af-1174-4152-a64a-a1138649334e/3/doc/21-925_so.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/6b8ab6af-1174-4152-a64a-a1138649334e/3/hilite/