HAWKINS v. PUBLIC SAFETY DEP'T

No. 63, September Term, 1991.

325 Md. 621 (1992)

602 A.2d 712

DONALD H. HAWKINS v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES.

Court of Appeals of Maryland.

March 10, 1992.


Attorney(s) appearing for the Case

Anthony V. Teelucksingh (Whiteford, Taylor & Preston, Susan Goering, American Civil Liberties Union of Maryland, all on brief), Baltimore, for appellant.

Alan D. Eason, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Carmen M. Shepard, Asst. Atty. Gen., all on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.


RODOWSKY, Judge.

This case has been presented as one involving freedom of speech by a public employee. The question is whether a prison guard may be discharged, during the probationary employment period, based in substantial part on the guard's abusive words and conduct directed toward a private citizen, while the guard was off duty, away from the prison, and out of uniform. The facts are straightforward; the procedural history is tangled; and directly applicable...

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