series of events culminated in approximately twenty sixteen at his work where he worked at the chickadee police department and that resulted in judge barnes are essentially ruling your phrasing of course that the speech complained about there was also this civil investigation that the city commissioned surrounding the character of mercy regarding defendant jeb's conduct of failing to disappoint officers regarding the plas murder files murder photos that were released to the public in the course of a murder investigation those things they did provide it with respect to the testimony in these in the complaint that those went out within a specific duties or numerated duties that he had to for the gun incident to do nothing about the complaints regarding him taking these rights that flashed at rocky's and putting them in the prisoner cells in the booking area bringing bents rooms into the booking area by his  of his duties he was assigned to do that but when you look at the stuff he complained about oh i would suggest you it rises to the matter of really public concern you have what appears to be a compensating police officer i think problems or describes  that that person they should a subpoena and she had said well it's a little bit different because the expectation is you're going to be truthful if you testify in court but i would suggest you there's no subpoena in this particular case but the expectation that we're going to he about a week and a half after one of civil service appeal just paraphrasing for you in the course of that there was an exchange between him and go over where he says when i when my appeal you're going to be  to writing was not going to result in discipline but they had to get around the collective bargaining agreement somehow and this testimony came in from charette and from jeff and it's in the record and they were meeting with the mayor in a lot of parliament and a vehicle to avoid the collective bargaining agreement problems with respect to discipline with the well let's try and get a criminal complaint for the state that he was ordered to give in then if he's convicted that he can be disciplined so it was the way in c and that's what they did in this particular case and that's the testimony of chief jed at least under oath and to show cause hearing of course paraphrasing that he was going to revenge the people he felt disparage his character and put him through this investigation when in reality it wasn't mr gilbert that put him through the investigation it was the minister parody who's also coming here today saying that these i should be given absolute immunity but when you look at it grainy and the alice has with respect absolute job of analyzing what was presented to him and applying the law on its best view everything is being alleged in terms of peace havior is in the context of these parties being members or chippie police department obviously not the major or the city itself of the behaviors are in the context and all the allegations that he sent to you can make america this is not a issue other discipline gilbertson like that gilbert thought there was a better ways to do it jay was said the same thing about gilbert's investigation if you read the testimony about an incident where a woman found that the officers behavior was exemplary the officer eventually was terminated because of his behavior in that circumstance and then it's really relevant whether you agree or disagree with the conclusions of the investigators were it was life politics but it was done as part of the ordinary investigatory disappoint the two parties sure and and sure where odds with each other there and in a civil lawsuit over a civil corners of the complaint and that's what we're here for today look at that complaint find out where the judge found her got it right so was that speech made public in respect for you will not find within that complaint any suggestion that ca from and i ask you to look directly to the complaint which is obviously in the appendix and i ask you do look directly to paragraphs thirty three fifty fifty three fifty eight sixty nine seventy and seventy one each one of those paragraphs specifically talks about either being border or being suggested or being authorized or being directed to to write a report or to participate in two investigations one that was being conducted by the him a county district attorney's office and one was being conducted by a third party vendor hired by the city a check point in time during the activity which extensively as best we can figure out is that speech that he wants to have protected was done in anything other than his capacity as a police officer for the city of chickening it defies logic there's no way this crew could draw a reasonable inference to the contrary so really you get to that point and you consider which is  to limit free speech but on the other hand they have taken great pains to identify whether that speech is being done and your official capacity or not and when you walk to the factors and by the way judge plans or do you do that in his decision and is talking were three amendments to this complaint one of which two of which occurred after not only the initial motion to dismiss was filed but after oral argument on that motion to dismiss this complaint lacks any factual nothing in a mono factor that would support a cause of action against the city of chicken the nor are there any facts from which any reasonable inference could be drawn to support a claim against your cause i would rely on my brief unless the court has any question with respect to the dismissal of the state law claim against the mayor paragraph seventy eight and i think it's one seventy two of the amended complaint do a ignalina hearing that that was exactly what his intent was those meetings so how do you respond to that well first with respect to the mayor as the court just noted these allegations are purely conclusory this is what the plaintiffs believe happened even if it was jem's intention that doesn't indicate in any way shape or form that that was the intention of the men there the only allegation with respect to the mayor is that supports that theory is that he appointed jeb with the knowledge of his prior wrongdoing i would submit to the court the plaintiff in fact has admitted there was an appeal by to appoint him so the underlying allegation doesn't exist which would support his claim that the mayor as opposed to jeb had any intentions of wrongdoing with respect to the pla says he's a witness it encompasses paragraph twenty six eight f where he talks about the different he witnessed and he told us civil investigator mr provoking in paragraph fifty seven he says these are not this was not his part of his duties to be to be doing this he provided testimony as a witness and some of these events if there's any case where someone should be protected for coming up and speaking forward regarding a coworker misusing a firearm a coworker or engaging in conduct that's alleged in here with respect to citizens of the public of the public that are coming and being placed into custody this is it so it's ok i guess then to retaliate against someone for coming forward cooperating and providing information you know i'm sorry but the issue is really with that was part of his official duties to report but right anatol these six isn't a complaint where it wasn't some of this was not with respect to the gun incident that would be accurate i still don't understand what you're saying a duty i don't think with respect to his duties and responsibilities he was a witness were mr public came to him and said i organization it would have been disciplined but with respect to all the information he was were provided the gun information and in the fact that he he reported at the time is stuff that was going on in the jail cells those are the two items but there were other items that are listed in twenty six that he was not ordered to provide with respect to just i don't know if i can hear us or judge how words last question i had regarding mayor casa specifically to join exhibit fifty four fifty six