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Verdicts
No Proof of Retaliation Where Good Cause Found
The court granted a government employer's motion to dismiss a whistleblower's claim that her First Amendment right to freedom of speech was infringed by the bringing of a retaliatory administrative employment action ' because the hearing officer in that proceeding had found there was probable cause at the time the action was initiated to suspect the plaintiff was not fit to perform a nurse's duties. Burhans v. County of Putnam, Slip Copy, 2011 WL 1157693, S.D.N.Y., March 25, 2011 (NO. 06 CIV. 8325 DLC).
The plaintiff worked as a public health nurse in the New York Department of Health's Nursing Division. On various occasions from 2003 to 2006, she told the defendants, representatives of the New York State Department of Health (DOH), and the Medicaid Fraud Unit of the New York State Office of the Attorney General, that the DOH was not providing patients with competent nursing services and was not maintaining proper records. The DOH conducted an audit of the nursing operations and discovered some deficiencies.
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