Divided 10th Circuit panel gives inadequate First Amendment protection to employee demoted for truthful sworn court testimony

  The 10th Circuit rejected the First Amendment claim of a public employee who was demoted after giving sworn testimony in a judicial proceeding involving a domestic child custody dispute between his sister-in-law and a fellow public employee. The decision gives inadequate protection to public employees who testify in court and creates a circuit split that may require ultimate review by the U.S. Supreme Court.

  Jerud Butler works as a supervisor for the San Miguel County (Colorado) Road and Bridge Department. He suffered a demotion after he testified in a court proceeding involving his sister-in-law and her ex-husband, who also works for the San Miguel County Road and Bridge Department. Two of Butler’s work superiors investigated his court testimony and gave him a written reprimand and demotion.