University of Phoenix Material
Appendix B: Briefing and Analyzing Cases in Constitutional Law offers a model to brief a court case. FIRAC stands for Facts, Issue, Rule(s), Analyze, and Conclusion. Read about this model and see an example of it in Appendix B. Then, select a United States Supreme Court case on the First Amendment and complete a FIRAC analysis using the worksheet below. For each portion of the FIRAC analysis, include a 200- to 300-word response.
SUPREME COURT case: Garcetti vs.Ceballos (2006)
FACTS: Lay out the facts of the case.
On February 2005 Richard Ceballos worked as a supervising deputy district attorney for Los Angeles county District Attorney Office. Ceballos was informed by an attorney that a police officer had used inaccuracies in an affidavit to obtain a search which then Ceballos reviewed and indeed found misrepresentations in the affidavit. Ceballo informed his supervisors of his findings, and prepared a disposition and recommended dismissal of the case. Ceballos claim were challenged in by the defense to be heard in court him appearing as a defense witness recounting his observations which was rejected by the court. Also his claims cause what he states a retaliation which caused his reassignment from his supervising deputy position to trial deputy position, transferred to a different court house and denial of a promotion. Richard Ceballos filed a grievance which was denied, stating that he had not suffered any retaliation. Retaliation, that the District Attorney Office denied doing so, to what escalated to being sued by Richard Ceballos for violation of what he believes Civil Rights. Stating that he did what his job description is as a supervising deputy district attorney of LA district office. The First Amendment being a big issue on this case decision.
ISSUE: Identify the legal issue.
The main issue whether the first amendment protects the government employee from discipline based on a...