GRAND RAPIDS, Mich. (WOOD) — A federal judge has tossed out former Administrator John Gibbs’ lawsuit against Ottawa County in which he alleged his First Amendment rights were violated when he was fired.

Gibbs’ suit argued the Ottawa County Board of Commissioners and Chair Joe Moss fired him as retaliation after he complained about the county’s lawyer. But in a 17-page decision issued Wednesday, Judge Jane Beckering said that because Gibbs made his complaints as part of his job as county administrator, they aren’t protected in the same way they would be if he was speaking as a private citizen.

“Plaintiff (Gibbs), in reporting to his supervisors that the performance of Corporation Counsel was interfering with his ability to fulfill his job duties and proposing a change in reporting levels at the County, was speaking as a public employee within the scope of his employment,” Beckering wrote. “Plaintiff has not plausibly alleged that he was involved in a constitutionally protected activity that could properly form the predicate for a First Amendment retaliation claim.”

She dismissed his lawsuit.

Gibbs was hired by a new slate of conservative commissioners led by Moss during their first meeting in January 2023. At that same meeting, the commissioners hired the Kallman Legal Group as the county’s corporate counsel.

Gibbs soon brought up some concerns about how the firm was operating, sending a few emails about the matter. While he suggested that criticism was the reason for his firing, Moss previously released a letter outlining several complaints against Gibbs, including allegations that he threatened to attack one of the firm’s attorneys. Gibbs has denied those allegations.

Gibbs was placed on administrative leave Feb. 22 of this year and fired from his role as administrator at a special board meeting Feb. 29. He filed his lawsuit in April.