Carlson v. Gorecki

Phillip Carlson and Thomas Smith worked as special investigators for the Kane County, Illinois, States Attorneys office. In December 2000, defendant Mary Gorecki, the Kane County States Attorney, fired Carlson and Smith allegedly because of their speech on matters of public concern, namely, their support of Goreckis opponent in the election and their allegations that Gorecki was involved in various jobs-for-favors and kickback schemes. Carlson and Smith filed this action under 42 U.S.C. § 1983, asserting that Goreckis decision to fire them violated the First Amendment. After discovery, Gorecki filed a motion for summary judgment asserting that Carlson and Smith occupied policymaking or confidential positions and that she was entitled to qualified immunity. The court denied Goreckis motion. She appeals, and for the following reasons, we affirm.