However, a government employee cannot “transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.” Ferrara v. Mills, 781 F.2d 1508, 1516 (11th Cir. 1986).
"[V]irtually all speech which is made in and about a public employment [or contracting] setting will have some public significance . . . ." Ferrara v. Mills, 781 F.2d 1508, 1515 (11th Cir. 1986). But "a public employee [or contractor] may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run."
Although these statements have some public import because Green was a government employee complaining about her elected boss, "a public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run." Ferrara v. Mills, 781 F.2d 1508, 1516 (11th Cir. 1986).
Carter, 731 F.3d at 1168 (quoting Connick, 461 U.S. at 149). The Eleventh Circuit has “emphasized that ‘a public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.'” Id. (quoting Ferrara v. Mills, 781 F.2d 1508, 1516 (11th Cir. 1986)).
Second, as for the suggestion that her complaint was a matter of public concern because she claimed that Daniels’ demands were "costing money to the taxpayers," we agree with the court in Boyce v. Andrew , 510 F.3d 1333 (11th Cir. 2007) : "A ‘public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.’ " Id. at 1344 (quoting Ferrara v. Mills , 781 F.2d 1508, 1516 (11th Cir. 1986) ); see alsoAlves , 804 F.3d at 1167 (holding that the issue of public concern raised in the employee complaint "was only incident to voicing their personal concerns"); Boyce , 510 F.3d at 1344–45 (holding that while public employees’ complaint was intermingled with issues of child safety and agency mismanagement, it was not meant to address matters of public concern from the perspective of a citizen); White Plains Towing Corp. v. Patterson , 991 F.2d 1049, 1059 (2d Cir. 1993) (recognizing that "[e]ven as to an issue that could arguably be viewed as a matter of public concern, if the employee has raised the issue solely in order to further his own employment interest, his First Amendment right to comment on that issue is entitled to little weight"). Because Riggien failed to allege a First Amendment violation, her individual capacity claim against Daniels must be dismissed on qualified immunity grounds.
The Eleventh Circuit has made clear that “a public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.” Ferrara v. Mills, 781 F.2d 1508, 1516 (11th Cir. 1986).
And the Eleventh Circuit has “emphasized that ‘a public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.'” Id. (quoting Ferrara v. Mills, 781 F.2d 1508, 1516 (11th Cir. 1986)). Here, Joiner fails to demonstrate that his personalized complaints about discrimination qualify as a matter of public concern.
Here, the primary focus of plaintiff's speech concerned his private grievances related to Chief Vande Zande and Mr. Palmer's treatment of him and the status of investigations related to workplace grievances. While plaintiff's speech did concern what he believed to be a hostile work environment and discrimination by the City against its employees, plaintiff cannot convert his personal grievances to a matter of public concern based on “a supposed popular interest in the way public institutions are run.'” Ferrara v. Mills, 781 F.2d 1508, 1516 (11th Cir. 1986). Therefore, plaintiff's speech primarily concerned private grievances about his working conditions rather than matters of public concern.
"A public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run." Boyce v. Andrew, 510 F.3d 1333, 1344 (11th Cir. 2007) (citing Ferrara v. Mills, 781 F.2d 1508, 1516 (11th Cir. 1986)). The Court has been unable to find any case law indicating that Burks' foregoing alleged instances of First Amendment retaliation concern matters of public concern.
So the Complaint fails to state a claim. Ferrara v. Mills , 781 F.2d 1508, 1512 (11th Cir. 1986) ("If the employee's speech cannot fairly be characterized as constituting speech on a matter of public concern, the inquiry is at an end."). Curiously, Gwinnett alleges she made statements about the incident to the police as a citizen on a matter of public concern.