A federal appeals panel heard arguments Tuesday on whether a former Capitol Police sergeant, Officer Jodi Breiterman, should have been suspended and later demoted for sending to the media a photo of a loaded gun that another officer left in a bathroom.
In early 2015, Breiterman responded to an incident in which a congressional staffer found a Capitol Police officer’s gun left unattended in a Capitol Visitor Center bathroom. She photographed the gun, which was stuffed into a toilet cover dispenser, with her work phone and later shared the image and information with Roll Call. The officer who left their gun was suspended for six days without pay.
Breiterman alleges she was discriminated against by the department because of her gender and endured retaliation for sharing with the media the photo of the Capitol Police officer’s unattended gun.
U.S. District Judge Timothy J. Kelly ruled on Sept. 4 that the Capitol Police did not engage in unlawful gender discrimination against Breiterman. Tuesday’s hearing before three judges on the U.S. Court of Appeals for the District of Columbia Circuit allowed both sides to argue whether Kelly’s decision to not proceed to trial should be reversed. Judges Laurence H. Silberman, Neomi Rao and Robert L. Wilkins heard the arguments.
Kelly Scindian, counsel for the Capitol Police, argued the department was right in disciplining Breiterman and said the officer was not protected under the First Amendment because she obtained the information through her official duties and, as a result, was speaking as an employee of the department rather than as a private citizen.
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May 05, 2021 at 03:47AM
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Court case probes Capitol Police-press relationship - Roll Call
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