ORLANDO – The U.S. District Court for the Middle District of Florida recently granted Osceola County Sheriff Russell Gibson’s motion for summary judgment in a suit filed by a department officer who claimed he was demoted because of comments he posted on social media.
In his Aug. 24 ruling, U.S. Judge Paul Byron granted Gibson’s motion for summary judgment in the suit in which plaintiff Marcos Lopez, an Osceola County Sheriff’s Office (“OCSO”) employee since 2003, claimed the posting were protected under the First Amendment.
According to court filings, Lopez moved through the ranks at OSCO until he was promoted to sergeant. A few days after he started his new position, he officially started a campaign for Osceola County sheriff. Gibson was one of Lopez’s opponents. The filings go on to says that Lopez ran into trouble almost immediately when he became involved in a social media spat with two other OSCO employees.
Lopez claimed his behavior led to him being officially investigated by a fellow sergeant, the filings said. The resulting notice of disciplinary action recommended multiple punishments, and Lopez was to receive a 40-hour suspension without pay and be demoted.
Lopez appealed his case to the Career Service Appeals Board CSAB), which overturned Lopez’s suspension but supported his demotion.
On Feb. 24, 2017, Lopez filed suit against Gibson claiming the inflammatory comments he posted on Facebook are protected by the First Amendment.
The court noted that “a member or employee of a governing body is a final policy maker only if his decisions have legal effect without further action by the governing body and if the governing body lacks the power to reverse the member or employee’s decision."
In his ruling, Byron determined Gibson did not make the final decision regarding Lopez’s demotion. CSAB’s review was final. “Under the CSAB procedure prescribed by Florida law, Lopez handpicked two of the five panelists, had an opportunity to present his case and introduce evidence, and ultimately succeeded in overturning part of the discipline,” the ruling said.
In the ruling, the court also denied Lopez's motion for summary judgment.