Thampi v. Collier County Board of Commissioners

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APRIL 14, 2008
THOMAS K. KAHN
No. 07-11581
CLERK
________________________
D.C. Docket No. 04-00441-CV-FTM-29SPC
MOHAN THAMPI,
Plaintiff–Appellant,
versus
COLLIER COUNTY BOARD OF COMMISSIONERS,
JAMES V. MUDD,
JAMES DELONY,
Defendants–Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(April 14, 2008)
Before BARKETT, FAY and STAPLETON,* Circuit Judges.
*
Honorable Walter K. Stapleton, Senior United States Circuit Judge for the Third
Circuit, sitting by designation.
PER CURIAM:
Mohan Thampi appeals from an adverse Summary Judgment in favor of the
Collier County Board of Commissioners and James Mudd and James DeLony,
individually, on his Complaint alleging that he was terminated from his
employment in violation of his rights under the First and Fourteenth Amendments
of the United States Constitution, pursuant to 42 U.S.C. § 1983. Specifically,
Thampi alleged that he had “exercised his First Amendment right of free speech by
reporting to supervisors and criticizing waste and gross mismanagement of public
funds, resources and projects in Collier County” and was fired as a result.
We find, on this record, that the district court did not err in concluding that
the speech alleged did not rise to a First Amendment violation because it pertained
to official job-related matters. We also reject as meritless Thampi’s argument that
Collier County Policy 5311.1(10) is unconstitutional.
AFFIRMED.
2