Rogers v. Riggs, et al., No. 22-2106 (10th Cir. 2023)
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Plaintiff Alessandra Rogers worked for Chaves County in its jail. Several years into her employment, Rogers drafted a petition that criticized treatment of employees in the jail. The petition was signed by 45 current and former jail employees and was submitted to the county commissioners. Roughly a month after the petition was submitted, county employees searched the jail. During the search, employees found illegal drugs and weapons in a bag under Rogers’ desk. Rogers admitted that the bag was hers and that it contained the drugs and weapons. The county put Rogers on paid administrative leave. When the period of administrative leave ended, the county denied Rogers’
request for a promotion and imposed an unpaid five-day suspension. Rogers later quit. Rogers attributed the search to retaliation for her role in drafting the petition, claiming that the retaliation violated the First Amendment. But the district court granted summary judgment to the defendants. The court reasoned that even if the defendants had retaliated for Rogers’ role in drafting the petition, liability wouldn’t exist because the petition hadn’t involved a public concern. The Tenth Circuit concurred with the district court and affirmed.
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