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1. Officer Dobosz was the first officer to arrive on the scene after a deadly shooting involving a teenager who had been shot in the
1. Officer Dobosz was the first officer to arrive on the scene after a deadly shooting involving a teenager who had been shot in the back of the head by Officer Fitzgerald. Dobosz had to leave almost immediately after his arrival. When he returned, he noticed a knife near the dead boy's body that had not been there when he left. Someone had planted the weapon there after the shooting so that Fitzgerald could claim the shooting was justified in self-defense justification. Dobosz was deeply troubled by the incident, but kept the incident to himself for about a year. He contacted the FBI after learning that they were investigated the shooting. Fitzgerald was placed on trial by the federal government. Dobosz testified at the trial that he believed that the killing of the youth was unnecessary and that the knife discovered near his body had been planted there. Fitzgerald was acquitted. Dobosz was terminated shortly thereafter. He sued, claiming a violation of his First Amendment rights. a. Describe the three-step process the court will use to determine whether Officer Dobosz's First Amendment rights were violated by the action taken against him in response to his testimony against a fellow officer. b. How should the first inquiry be resolved? c. How should the second inquiry be resolved? d. What is the third inquiry? What kind of workplace disruption is the testimony of one police officer against a fellow officer during a criminal trial likely to cause? Should that court find the department's interest in avoiding these disruptions outweighed Officer Dobosz's First Amendment interest in testifying
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