Department of Corrections v. Derry

I respectfully dissent. Not only did Derry not violate any published policy of the Department of Corrections or the prison, but even if his brief response to Bostic had, it was protected First Amendment speech.

Derry, a correctional officer at Wayne prison, observed fellow officer Roberson ask inmate Bostic why he showed up to lunch without his belt. Bostic stated it was lost. Known as an “aggressive” officer, Roberson threatened that if the belt were found in Bostic’s belongings, he would write him up. When a search of the belongings turned up no belt, Roberson filed a disciplinary action…