Hawaii Jury Instruction - 1.1.1 Public Employee First Amendment Claim Discharge - Failure To Promote Free Speech On Matter Of Public Concern

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-1-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. Hawaii Jury Instruction — 1.1.1: Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern Description: The Hawaii Jury Instruction — 1.1.1 addresses the legal aspects surrounding public employee first amendment claims in cases where the employee has been discharged due to a failure to promote free speech on a matter of public concern. This instruction provides guidance to the jury, outlining crucial factors to consider when evaluating such claims. Keywords: Hawaii, jury instruction, public employee, first amendment claim, discharge, failure to promote, free speech, matter of public concern Types of Hawaii Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern: 1. Scope of protected speech: This type of instruction explains to the jury the definition and boundaries of protected speech under the First Amendment. It elaborates on what constitutes a "matter of public concern" and provides examples to help jurors better comprehend the concept. 2. Balancing test: This instruction outlines the balancing test that should be applied to assess whether the public employee's free speech rights outweigh the employer's legitimate interest in efficient operations. It provides the jury with criteria to evaluate the extent to which the employer's interests were affected by the employee's speech. 3. Causal connection between speech and discharge: This type of instruction focuses on establishing a causal link between the public employee's speech on a matter of public concern and their subsequent discharge. It guides the jury in determining whether the discharge was a direct result of the employee's speech and not due to other factors. 4. Protected conduct: This instruction clarifies the types of conduct that fall under protected speech, including verbal expressions, written statements, and even non-verbal symbolic acts. It specifies that the employee's speech must relate to a matter of public concern, as opposed to purely personal or private matters. 5. Qualified immunity: This instruction explains the concept of qualified immunity, informing the jury that even if the employee's speech was protected under the First Amendment, the employer may still be shielded from liability based on qualified immunity if they reasonably believed their actions were lawful. 6. Remedies: This type of instruction covers the potential remedies available to the public employee if their claim is successful. It may explain that possible remedies can include reinstatement, back pay, compensatory damages, or injunctive relief, depending on the circumstances of the case. Note: The specific content and naming of jury instructions may vary depending on the jurisdiction and individual case.

Hawaii Jury Instruction — 1.1.1: Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern Description: The Hawaii Jury Instruction — 1.1.1 addresses the legal aspects surrounding public employee first amendment claims in cases where the employee has been discharged due to a failure to promote free speech on a matter of public concern. This instruction provides guidance to the jury, outlining crucial factors to consider when evaluating such claims. Keywords: Hawaii, jury instruction, public employee, first amendment claim, discharge, failure to promote, free speech, matter of public concern Types of Hawaii Jury Instruction — 1.1.1 Public Employee First Amendment Claim Discharge — Failure To Promote Free Speech On Matter Of Public Concern: 1. Scope of protected speech: This type of instruction explains to the jury the definition and boundaries of protected speech under the First Amendment. It elaborates on what constitutes a "matter of public concern" and provides examples to help jurors better comprehend the concept. 2. Balancing test: This instruction outlines the balancing test that should be applied to assess whether the public employee's free speech rights outweigh the employer's legitimate interest in efficient operations. It provides the jury with criteria to evaluate the extent to which the employer's interests were affected by the employee's speech. 3. Causal connection between speech and discharge: This type of instruction focuses on establishing a causal link between the public employee's speech on a matter of public concern and their subsequent discharge. It guides the jury in determining whether the discharge was a direct result of the employee's speech and not due to other factors. 4. Protected conduct: This instruction clarifies the types of conduct that fall under protected speech, including verbal expressions, written statements, and even non-verbal symbolic acts. It specifies that the employee's speech must relate to a matter of public concern, as opposed to purely personal or private matters. 5. Qualified immunity: This instruction explains the concept of qualified immunity, informing the jury that even if the employee's speech was protected under the First Amendment, the employer may still be shielded from liability based on qualified immunity if they reasonably believed their actions were lawful. 6. Remedies: This type of instruction covers the potential remedies available to the public employee if their claim is successful. It may explain that possible remedies can include reinstatement, back pay, compensatory damages, or injunctive relief, depending on the circumstances of the case. Note: The specific content and naming of jury instructions may vary depending on the jurisdiction and individual case.