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.