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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).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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