On May 14, 2018 the West Virginia Supreme Court of Appeals affirmed the Kanawha County Circuit Court finding that the Capitol Police did not wrongfully discharge the Petitioner. In Day v. WV Dept. of Military Affairs and Public Safety the Court affirmed the judgement as a matter of law that was granted in favor of the WV Division of Protective Services. The Supreme Court agreed with the lower court that the Petitioner did not demonstrate that his personal Facebook posts constituted speech that was protected by the First Amendment and that his termination was, therefore, proper as an employee at will.
Congratulations to Gary Pullin and Christopher Ross for successfully defending the Capitol Police in this matter.