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BROOKS v. ARTHUR

No. 11-1899.

685 F.3d 367 (2012)

James BROOKS; Donald Hamlette, Plaintiffs-Appellants, and Samuel St. John, Plaintiff, v. Howard R. ARTHUR, Sr., in his individual capacity, Defendant-Appellee, and Randal W. Mitchell, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 9, 2012.

Attorney(s) appearing for the Case

ARGUED: Richard F. Hawkins, III , Hawkins Law Firm, PC, Richmond, Virginia, for Appellants. Sydney Edmund Rab , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Kenneth T. Cuccinelli, II , Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

OPINION

WILKINSON, Circuit Judge:

Plaintiffs James Brooks and Donald Hamlette, corrections officers at the Correctional Unit in Rustburg, Virginia, sued under 42 U.S.C. § 1983, alleging that the defendants unlawfully fired them for exercising their First Amendment rights to free speech. The Supreme Court has been quite clear, however, that "`complaints about ... the employee's own duties'" that are "filed with an employer using an internal grievance...

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