Nevada 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. Nevada Jury Instruction 1.1.1: Public Employee First Amendment Claim Discharge — Failure to Promote Free Speech on Matter of Public Concern Nevada Jury Instruction 1.1.1 involves the legal standard used in cases related to public employees' First Amendment claims of discharge due to the failure to promote free speech on matters of public concern. This instruction helps the jury understand the specific elements required to establish a valid claim and the considerations they should take into account during the trial. Here is a detailed description of the instruction and key concepts related to it: Introduction: Nevada Jury Instruction 1.1.1 deals with cases concerning public employees who believe they have been discharged or not promoted due to their exercise of free speech on matters related to public concern. Essentially, it addresses situations where a government employer takes adverse employment actions against employees who have expressed their views or engaged in speech protected by the First Amendment, such as discussing matters of public importance. Relevant Concepts: 1. First Amendment: Refers to the first amendment of the United States Constitution, which guarantees certain fundamental rights, including freedom of speech and expression. 2. Public Employee: A person employed by a government agency, such as a state or local government, educational institution, or any other public entity. 3. Discharge/Adverse Employment Action: The termination of a public employee's employment or any other adverse action that significantly affects the terms, conditions, or privileges of their employment, such as demotion or denial of promotion. 4. Free Speech on Matters of Public Concern: Speech that pertains to issues of public interest, importance, or community concern. It includes expressing opinions, discussing social or political issues, commenting on governmental activities, or any other topic that relates to public affairs. Elements of the Claim: To establish a claim under Nevada Jury Instruction 1.1.1, the following elements need to be proven: 1. Protected Speech: The public employee engaged in speech that is protected by the First Amendment. This requires demonstrating a genuine matter of public concern as opposed to private, personal, or internal workplace matters. 2. Adverse Employment Action: The employer took an adverse or retaliatory employment action against the public employee. This action could be a discharge, demotion, denial of promotion, or any other act that significantly impacted their employment rights or conditions. 3. Causal Connection: The protected speech, or the employee's engagement in activities related to it, was the motivating or substantial factor behind the adverse employment action. The claimant must show a clear link between their exercise of free speech and the subsequent adverse action taken by the employer. 4. Balancing Test: The court must balance the interests of the employee, as a citizen seeking to speak on matters of public concern, against the employer's legitimate interests as an efficient employer and provider of public services. Types of Public Employee First Amendment Claims: Nevada Jury Instruction 1.1.1 generally covers the failure to promote free speech on matters of public concern leading to a discharge. However, there might be different variations or circumstances in which this instruction can be used, such as: 1. Discharge: Specifically addressing cases where a public employee is terminated because of their speech on matters of public concern. 2. Denial of Promotion: Focusing on situations where an employee was denied a promotion due to their exercise of free speech on matters of public concern. 3. Other Adverse Employment Actions: Expanding the instruction to include other adverse employment actions like demotion, transfer, or reduction in responsibilities, resulting from the employee's expression of views on public matters. By considering Nevada Jury Instruction 1.1.1, the jury can effectively evaluate the evidence presented and determine whether the defendant, in this case, the employer, violated the public employee's First Amendment rights by discharging or failing to promote them due to their exercise of free speech on matters of public concern.

Nevada Jury Instruction 1.1.1: Public Employee First Amendment Claim Discharge — Failure to Promote Free Speech on Matter of Public Concern Nevada Jury Instruction 1.1.1 involves the legal standard used in cases related to public employees' First Amendment claims of discharge due to the failure to promote free speech on matters of public concern. This instruction helps the jury understand the specific elements required to establish a valid claim and the considerations they should take into account during the trial. Here is a detailed description of the instruction and key concepts related to it: Introduction: Nevada Jury Instruction 1.1.1 deals with cases concerning public employees who believe they have been discharged or not promoted due to their exercise of free speech on matters related to public concern. Essentially, it addresses situations where a government employer takes adverse employment actions against employees who have expressed their views or engaged in speech protected by the First Amendment, such as discussing matters of public importance. Relevant Concepts: 1. First Amendment: Refers to the first amendment of the United States Constitution, which guarantees certain fundamental rights, including freedom of speech and expression. 2. Public Employee: A person employed by a government agency, such as a state or local government, educational institution, or any other public entity. 3. Discharge/Adverse Employment Action: The termination of a public employee's employment or any other adverse action that significantly affects the terms, conditions, or privileges of their employment, such as demotion or denial of promotion. 4. Free Speech on Matters of Public Concern: Speech that pertains to issues of public interest, importance, or community concern. It includes expressing opinions, discussing social or political issues, commenting on governmental activities, or any other topic that relates to public affairs. Elements of the Claim: To establish a claim under Nevada Jury Instruction 1.1.1, the following elements need to be proven: 1. Protected Speech: The public employee engaged in speech that is protected by the First Amendment. This requires demonstrating a genuine matter of public concern as opposed to private, personal, or internal workplace matters. 2. Adverse Employment Action: The employer took an adverse or retaliatory employment action against the public employee. This action could be a discharge, demotion, denial of promotion, or any other act that significantly impacted their employment rights or conditions. 3. Causal Connection: The protected speech, or the employee's engagement in activities related to it, was the motivating or substantial factor behind the adverse employment action. The claimant must show a clear link between their exercise of free speech and the subsequent adverse action taken by the employer. 4. Balancing Test: The court must balance the interests of the employee, as a citizen seeking to speak on matters of public concern, against the employer's legitimate interests as an efficient employer and provider of public services. Types of Public Employee First Amendment Claims: Nevada Jury Instruction 1.1.1 generally covers the failure to promote free speech on matters of public concern leading to a discharge. However, there might be different variations or circumstances in which this instruction can be used, such as: 1. Discharge: Specifically addressing cases where a public employee is terminated because of their speech on matters of public concern. 2. Denial of Promotion: Focusing on situations where an employee was denied a promotion due to their exercise of free speech on matters of public concern. 3. Other Adverse Employment Actions: Expanding the instruction to include other adverse employment actions like demotion, transfer, or reduction in responsibilities, resulting from the employee's expression of views on public matters. By considering Nevada Jury Instruction 1.1.1, the jury can effectively evaluate the evidence presented and determine whether the defendant, in this case, the employer, violated the public employee's First Amendment rights by discharging or failing to promote them due to their exercise of free speech on matters of public concern.