Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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In Bishop v. Federal Intermediate Credit Bank, 908 F.2d 658 (10th Cir.1990), the plaintiff, a bank employee, claimed that his employer (FICB) had discharged him in retaliation for testifying at a Congressional hearing.16 He contended that FICB’s action violated the First Amendment and Oklahoma public policy. The trial judge granted summary judgment on both claims. The Court of Appeals agreed with the trial judge that *184the First Amendment had not been violated, concluding that FICB “is not a government actor for purposes of establishing constitutional deprivations.” Id. at 663. The court held, however, that “truthful testimony at congressional hearings is an act consistent with a clear and compelling public policy that justifies a public policy exception to the at-will employment doctrine.” Id. at 662 (citation and internal quotation marks omitted). The court recognized this exception even though Bishop’s claim was not rooted in any constitutional or statutory command.17

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