Lawwly

Gardner v. Broderick

United States Supreme Court

392 U.S. 273 (1968)

Relevant factsFree

Gardner (plaintiff), a police officer, was subpoenaed before a grand jury investigating corruption and told he would be fired unless he signed a waiver of his self-incrimination privilege; he refused to sign and was terminated. He sued for reinstatement, and the state courts ruled against him, distinguishing his case from precedent protecting a lawyer's refusal to give self-incriminating testimony at a disciplinary hearing, on the theory that a police officer's duty runs to the public while a lawyer's runs only to his client.

IssueFree

Whether a public employee may be terminated from employment for refusing to waive the constitutional privilege against self-incrimination.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases