Leverington Vs. Colorado Springs: Case Study
Citation: Leverington v. City of Colorado Springs, 643.f.3d 719
Vote: 3-0
Author of Opinion: Justice Harris Hartz
Facts of the Case: The Appellant Miriam Leverington, a nurse at Memorial Hospital (Appellee 1) in Colorado Springs, was pulled over in December of 2008 by Officer Duaine Peters (Appellee 2). During the course of the stop Leverington told the police officer that she hoped he was never her patient. Officer Peters replied, "I hope not too, because maybe I'll call your supervisor and tell her you threatened me." The Police officer did in fact, within 5 days after the incident, report Leverington’s comment to Memorial Hospital. Memorial Hospital took disciplinary action against her for making the comment to the officer. They disciplined her by terminating Leverington from her job as a cardiac nurse there. Leverington sued the City (Memorial) and Officer Peters for violating her rights to free speech. Leverington claimed that the officer had been rude and that she was just trying to communicate she hoped that she never had to interact with him again. Lower courts dismissed her case stating that her first amendment rights had not been violated. The decision went to appeals.
Vote: 3-0
Author of Opinion: Justice Harris Hartz
Facts of the Case: The Appellant Miriam Leverington, a nurse at Memorial Hospital (Appellee 1) in Colorado Springs, was pulled over in December of 2008 by Officer Duaine Peters (Appellee 2). During the course of the stop Leverington told the police officer that she hoped he was never her patient. Officer Peters replied, "I hope not too, because maybe I'll call your supervisor and tell her you threatened me." The Police officer did in fact, within 5 days after the incident, report Leverington’s comment to Memorial Hospital. Memorial Hospital took disciplinary action against her for making the comment to the officer. They disciplined her by terminating Leverington from her job as a cardiac nurse there. Leverington sued the City (Memorial) and Officer Peters for violating her rights to free speech. Leverington claimed that the officer had been rude and that she was just trying to communicate she hoped that she never had to interact with him again. Lower courts dismissed her case stating that her first amendment rights had not been violated. The decision went to appeals.