COURT REJECTS FREE-SPEECH SUIT OF FIRED JAIL GUARD.Byline: Associated Press Associated Press: see news agency. Associated Press (AP) Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world. Employees of a privately operated county jail, run by a government contractor A government contractor is a private company that produces goods or services under contract for the government. Often the terms of the contract specify cost plus – i.e., the contractor gets paid for its costs, plus a specified profit margin. , lack the constitutional free-speech rights of government employees, a federal appeals court ruled Wednesday. The 9th U.S. Circuit Court of Appeals refused to reinstate a lawsuit by a San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. man who said he was fired as a guard in May 1993 for complaining about safety and security violations. Jon L. George's employer, Pacific-CSC Work Furlough fur·lough n. 1. a. A leave of absence or vacation, especially one granted to a member of the armed forces. b. A usually temporary layoff from work. c. Facility, denied that he was fired for his complaints and instead said he had violated company rules involving favors and gifts from inmates. But regardless of the truth, the court said, George had no federal case because the constitutional right of free speech protects only against infringement by the government, not by private parties. Pacific-CSC operated a minimum-security jail under contract with San Diego County. The court said the company was fulfilling a government function as a jailer but acted as a private entity in firing or disciplining its employees. The ruling could affect local or state governments in the nine-state circuit that delegate their jail or prison systems to private contractors. The court did not discuss the rights of fired employees under state whistle-blower whis·tle·blow·er or whis·tle-blow·er or whistle blower n. One who reveals wrongdoing within an organization to the public or to those in positions of authority: "The Pentagon's most famous whistleblower is . . laws, an issue that was not raised in George's case. Donal Hill, George's lawyer, said he was disappointed by the court's ``microscopic view'' of the contractor's function. ``Only the state runs penal institutions and only the state employs correctional officers in those institutions,'' Hill said. He said George, hired as a custodial staff officer in December 1992, told management about a variety of safety and security concerns, such as alleged alcohol use by staff members. R. Michael Jordan This article is about the former basketball player. For other uses, see Michael Jordan (disambiguation). Michael Jeffrey Jordan (born February 17 1963) is a retired American professional basketball player. , a lawyer for the company, said he agreed that incarceration Confinement in a jail or prison; imprisonment. Police officers and other law enforcement officers are authorized by federal, state, and local lawmakers to arrest and confine persons suspected of crimes. The judicial system is authorized to confine persons convicted of crimes. was a state function ``but our relations with our employees are a private matter, as with any other private employer that contracts with the state.'' Upholding a ruling by U.S. District Judge Rudi Brewster, the court said George had failed to allege any government involvement in his firing. |
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