. See generally, Borough of Duryea, Pa. v. Guarnieri, 564 U.S. 379 (2011) (finding that speech contained within a plaintiff's lawsuit may constitute protected activity under the First Amendment if it passes the public concern test); see also Carmichael v. Thomson, No. CIV. 14-3323, 2015 WL 1010485, at *7 (D.N.J. Mar. 6, 2015) ("Speech that "bring[s] to light actual or potential wrongdoing or breach of public trust" is a matter of public concern."
(Amended Complaint [Docket Item 26].) The Court previously dismissed Counts Five, Ten, and Fourteen for failure to state a claim upon which relief may be granted, and those claims are not part of the operative Amended Complaint. See Carmichael v. Thomson, No. 14-3323, 2015 WL 1010485 (D.N.J. Mar. 6, 2015). 2.