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Saturday, June 19, 2004
Indiana Decisions - 7th Circuit First Amendment Ruling
James Patterson, an editorial writer for the Indianapolis Star, had an excellent column this morning, titled "Court decks DOC, strikes blow for free speech." The Court is the 7th Circuit, the opinion is Nancy Spiegla v. Hull (or, as specified in the opinion: MAJOR EDDIE HULL, Individually as an Employee of Westville Correctional Facility; HERB NEWKIRK, Individually as Superintendent of Westville Correctional Facility; and BERNARD JOHNSON, Individually as an Employee of Westville Correctional Facility). [The opinion was reported in the ILB on June 14th.] Here are some quotes from the Star column:
So what did Nancy Spiegla get for just trying to do her job? The Porter County woman suffered retaliation when she was reassigned to a less desirable position for attempting to do the right thing, according to the U.S. Court of Appeals for the 7th Circuit, which on Monday ruled in her favor in what's being called a landmark whistle-blower case.In overturning U.S. District Judge Allen Sharp, the 7th Circuit said the Indiana Department of Correction infringed upon Spiegla's free speech rights when it punished her for attempting to investigate suspected contraband trafficking by fellow officers at the Westville Correctional Facility. * * *
In January 2000, Spiegla said she was guarding the prison's front gate when she saw two Westville supervisors, a major and a captain, remove what appeared to be large bags from their private vehicles and put them in a state-owned car in the parking lot just outside the facility. When they drove the department car to the front gate, she demanded to inspect it, a duty she'd routinely performed for seven years, but she was ordered not to. Surprisingly, her supervisor told her a new Westville policy exempted law enforcement vehicles from searches. * * *
Concerned that the policy change would lessen security at a prison notorious for contraband trafficking and gang warfare, Spiegla reported the incident to Assistant Superintendent John Schrader.
Her objection to the new rule was discussed in a hurriedly called executive staff meeting attended by Westville Superintendent Herb Newkirk, his assistants, Schrader and Bernard Johnson, and Major Eddie Hull.
Four days later, Spiegla was transferred and in effect demoted. A former Westville Officer of the Year, she was shocked at her whirlwind turn of fortunes. The 15-year DOC-veteran was reassigned to the lower-echelon duties of patrolling the immense complex's perimeter, escorting inmates and hauling meals to other staff.
Posted by Marcia Oddi on June 19, 2004 08:13 AM
Posted to Indiana Decisions