Hicks v. Illinois Department of Corrections

Plaintiff filed a lawsuit against his former employer, the Illinois Department of Corrections, alleging a First Amendment retaliation claim as well as an as-applied Fourteenth Amendment claim after plaintiff was suspended for posts made on social media that the department concluded violated its policies and reflected unfavorably on the department. The district court granted summary judgment in favor of the defendants and plaintiff appealed. The Seventh Circuit affirmed, finding that the plaintiff could not sustain a First Amendment retaliation claim because the department’s interest in managing its affairs outweighed any interest plaintiff had in posting the content. The Seventh Circuit also concluded that plaintiff could not sustain his Fourteenth Amendment claim because a person in his supervisory position would not have to guess that their actions may have reflected unfavorably or impaired the operations of the department. (SCUDDER and RIPPLE, concurring)