LANSING, Mich. — A Michigan Department of Corrections officer is suing the department over what he and his lawyer are calling a violation of his free speech.
Earl Booth, of Jackson, is raising the question of how much power an employer has over an employee's speech outside of work hours.
“So this case is unique because what is challenging somewhat for the first time is the idea that a public employee is a private citizen when they're not at work," said Philip Ellison, Booth's attorney.
Booth was punched by an inmate two years ago. In the last couple of weeks, Ellison says, Booth got the video from the prosecutor's office and posted it on his Facebook page.
“These are public records now. So Mr. Booth got those videos from the prosecutor, not from his work," Ellison said. "That's important. He put it on Facebook and the Department of Corrections just absolutely hated that, and called him in for what they call an interview and internal affairs interview.”
The Department of Corrections declined to comment on the case, citing the pending litigation.
Booth answered questions in an internal affairs interview and Ellison says his higher ups mentioned consequences but so far Booth is still employed with the department and hasn't taken down the video.
Ellison says this case raises an important question.
"What is the ability for the government to basically cut off the stream of information coming out of employees who work at the day to day jobs that are necessary in our government?" Ellison asked.
He says he sees larger implications for this case as well.
“Whether you're a DNR officer, whether you're a police officer, whether you're a corrections officer, heck, whether even a cook, some of the biggest things that have come out of public concerns," he said. "For example, the Flint water crisis came out from a FOIA. When one person said down on the line said, this isn't right.”
Ellison says Booth isn't suing for money or damages, what he wants to see is policy change.
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