Davis v. City of Chicago, No. 16-1430 (7th Cir. 2018)Annotate this Case
Chicago’s Independent Police Review Authority (IPRA) investigated complaints against police, including domestic violence, excessive force, and death in custody, and made disciplinary recommendations: allegations were “sustained,” “not sustained,” “exonerated,” or “unfounded.” Investigators interviewed witnesses and procured evidence to draft reports. IPRA’s Administrator retained final responsibility for making recommendations and establishing “rules, regulations and procedures for the conduct of investigations.” Davis became an IPRA investigator in 2008. Davis alleges that in 2014-2015, his supervisors ordered Davis to change “sustained” findings and make his reports more favorable to the accused officers. Davis refused and was allegedly threatened to with termination. Davis alleges that they requested Word versions of Davis’s reports to alter them to look like Davis had made the changes. The administrator then implemented a policy requiring his approval for all “sustained” findings: if an investigator refused to make a recommended change, he would be disciplined for insubordination. Davis again refused to change “sustained” findings and was fired. The Seventh Circuit affirmed the dismissal of his First Amendment claims. That an employee may have good reasons to refuse an order, does “not necessarily mean the employee has a cause of action under the First Amendment when he contravenes that order.” Because IPRA required Davis to draft and revise reports, his refusal to revise those reports was speech “pursuant to [his] official duties.” He spoke as a public employee, not a private citizen. The First Amendment does not protect this speech.