Chicago State’s Fired General Counsel Loses Retaliation Lawsuit

Trustees of Chicago State University defeated a lawsuit by a former general counsel who alleged that he was fired in retaliation for speaking out about a possible conflict of interest in the school’s search for a new president, because the Seventh Circuit said his speech lacked protection under the First Amendment.

When Chicago State was looking for a new president, one member of its board of trustees was interested in the job. But general counsel Patrick Cage told the board that allowing a sitting member to seek the position would violate the board’s bylaws.

The member resigned from the board but wasn’t chosen as the new president. Instead, the board picked Rachel Lindsey.

Six weeks after being named president, Lindsey fired Cage, saying he was no longer the right person for the general counsel position.

The US District Court for the Northern District of Illinois properly dismissed Cage’s First Amendment claim because his speech wasn’t protected by the First Amendment, the US Court of Appeals for the Seventh Circuit said Monday.

The First Amendment only protects a public employee’s right to speak as citizens on matters of public concern, the court said. When those employees make statements pursuant to their duties, they aren’t speaking as citizens for First Amendment purposes, and thus aren’t protected from employer discipline, it said.

Under Cage’s employment agreement, he was expected to oversee all legal matters at Chicago State and steer the school away from legal risks, the court said.

Cage’s reporting of the possible conflict of interest in the hiring process fit well within his responsibilities as general counsel, the opinion by Judge Kenneth F. Ripple said. “The University’s adherence to its Bylaws generally serves to reduce the institution’s legal risk,” it said, affirming the district court.

Michael Y. Scudder Jr. joined the opinion. Judge Michael S. Kanne was also originally on the panel but died June 16.

Ruth I. Major of Chicago represented Cage. Proskauer Rose LLP represented the board members.

The case is Cage v. Harper, 2022 BL 266280, 7th Cir., No. 21-2447, 8/1/22.