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TERRELL v. UNIVERSITY OF TEXAS SYSTEM POLICE

No. 84-2546.

792 F.2d 1360 (1986)

Gary TERRELL, Plaintiff-Appellant, v. UNIVERSITY OF TEXAS SYSTEM POLICE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 28, 1986.

Attorney(s) appearing for the Case

Richard D. Strahan, George M. Kirk, Jr., Houston, Tex., for plaintiff-appellant.

Joseph W. Barbisch, Jr., Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellees.

Before WILLIAMS, JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Gary Terrell, a public employee, was fired when his secret diary, which was critical of his supervisor, fell into the supervisor's hands. We hold that Terrell, if he "spoke" in the diary at all, spoke only as an employee and not as a citizen. Under Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983), he was not engaged in speech "upon matters of public concern" and was...

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