After Burbank police officer Angelo Dahlia reported that his fellow officers were threatening, beating, and choking suspects, and that this conduct was condoned by the Chief of Police, Dahlia was threatened with arrest and bodily injury by his fellow officers. Ultimately, he was suspended and lost pay and promotional opportunities. Dahlia sued under the First Amendment for retaliation against him for his speech. The district court dismissed the case, and the court of appeals affirmed on the ground that speech by an officer reporting misconduct is part of his job and, therefore, unprotected under the First Amendment. In August 2012, Public Citizen became involved, acting as co-counsel on a petition for rehearing. The petition argues that the panel opinion erred in analyzing an officer’s job duties using a categorical approach inconsistent with prior precedent and reaching a result that deters whistleblowers from disclosing official misconduct and abuse. In December 2012, the Ninth Circuit granted the petition. A panel of eleven circuit judges will rehear the case in March 2013. |