Nurse fired over Facebook post saying Stephon Clark 'deserved it'

SACRAMENTO, California (KTXL) -- A Folsom woman claims she was fired from her job as a nurse at Kaiser Permanente Roseville after a comment she posted to her Facebook page.

The woman, who will not be identified because she has yet to provide FOX40 with a comment, said the firing was against her First Amendment right.

In the post, the woman wrote, "Yeah but he was running from police jumping over fences and breaking into peoples houses... why run ??!!! He deserved it for being stupid."

The comment was in reference to the shooting death of Stephon Clark by Sacramento Police officers in mid-March.

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Fatal police shooting of Stephon Clark
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Fatal police shooting of Stephon Clark

 Stephon Clark, 22, was killed in a fatal officer involved shooting in California in March 2018.

(Photo: GoFundMe)

Police helicopter and body camera footage was released of the shooting.


(Photo: Sacramento Police Dept.)

SACRAMENTO, CA - MARCH 26: Sequita Thompson, (L) grandmother of Stephon Clark who was shot and killed by Sacramento police, cries as she speaks during a news conference with civil rights attorney Ben Crump (R) on March 26, 2018 in Sacramento, California. The family of Stephon Clark, an unarmed black man who was shot and killed by Sacramento police officers, have hired civil rights attorney Ben Crump to represent the Clark family in a wrongful death suit against the Sacramento police department. (Photo by Justin Sullivan/Getty Images)

Police helicopter and body camera footage was released of the shooting.

(Photo: Sacramento Police Dept.)
Candles light a sidewalk memorial to Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
The house where police shooting victim Stephon Clark was slain is seen in Sacramento, California, U.S. March 24, 2018. REUTERS/Bob Strong
SACRAMENTO, CA - MARCH 26: A woman cries as civil rights attorney Ben Crump speaks during a news conference at Sacramento City Hall on March 26, 2018 in Sacramento, California. The family of Stephon Clark, an unarmed black man who was shot and killed by Sacramento police officers, has hired civil rights attorney Ben Crump to represent the Clark family in a wrongful death suit against the Sacramento police department. (Photo by Justin Sullivan/Getty Images)
A sign is seen painted on the window of a car during a protest over the police shooting of Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
Demonstrators gather to protest the police shooting of Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
SACRAMENTO, CA - MARCH 26: Tanya Faison (L) with Black Lives Matter of Sacramento yells at a man who had confronted her before the start of a news conference with Civil rights attorney Ben Crump at Sacramento City Hall on March 26, 2018 in Sacramento, California. The family of Stephon Clark, an unarmed black man who was shot and killed by Sacramento police officers, have hired civil rights attorney Ben Crump to represent the Clark family in a wrongful death suit against the Sacramento police department. (Photo by Justin Sullivan/Getty Images)
SACRAMENTO, CA - MARCH 26: Sequita Thompson, (C) grandmother of Stephon Clark who was shot and killed by Sacramento police, cries during a news conference with civil rights attorney Ben Crump on March 26, 2018 in Sacramento, California. The family of Stephon Clark, an unarmed black man who was shot and killed by Sacramento police officers, have hired civil rights attorney Ben Crump to represent the Clark family in a wrongful death suit against the Sacramento police department. (Photo by Justin Sullivan/Getty Images)
Deonnah Conway holds candles during a protest over the police shooting of Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
Tami Collins, shows a placard protesting the fatal shooting of Stephon Clark by Sacramento police, during a demonstration in Sacramento, California, U.S., March 22, 2018. REUTERS/Sharon Bernstein
The house where police shooting victim Stephon Clark was slain is seen in Sacramento, California, U.S. March 24, 2018. REUTERS/Bob Strong
Jayden Sherman (R) and David Massey hold candles during a vigil to protest the police shooting of Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
Mar 22, 2018; Sacramento, CA, USA; A young demonstrator holds a photo of Stephon Clark to the glass of the doors to Golden 1 Center as protestors block the entrance to the arena. Mandatory Credit: Kelley L Cox-USA TODAY Sports
Demonstrators gather to protest the police shooting of Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
Demonstrators hold candles during a vigil to protest the police shooting of Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
Demonstrators hold candles during a vigil to protest the police shooting of Stephon Clark, in Sacramento, California, U.S. March 23, 2018. REUTERS/Bob Strong
In Sacramento, police shot at an unarmed black man 20 times, killing him, when he turned out to be holding only a c… https://t.co/HTOLq5BVwP
On Sunday night, Sacramento Police Officers shot and killed Stephon Clark after firing 20 rounds while he was unarm… https://t.co/EynGnsuxrx
Father of two, Stephon Clark, was fatally shot in his backyard by Sacramento police on Sunday night. Police thought… https://t.co/HlfBchf2R2
#StephonClark was fatally shot by Sacramento police in his own backyard, carrying a cell phone that was mistaken fo… https://t.co/d2dYgNRQkX
Unarmed African American man fatally shot by Sacramento Police. He had a cell phone, they shot at him 20 times:… https://t.co/KfR61x8rhm
20 times. After first saying #StephonClark had a gun, then changing it to a crowbar, then admitting he just had a… https://t.co/xu4K0if3jv
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"There is a lesson to be learned here that before you say something on social media, before you post it, I think you have to be aware of your employment and whether that will look just disfavorably on your employer," said attorney Mark Reichel.

Reichel echoed the statement FOX40 received from Kaiser Permanente, which said in part: "We want to emphasize that the comments expressed by this employee, who is no longer with the organization, do not in any way reflect Kaiser Permanente’s views or actions."

Kaiser Permanente Northern California officials confirmed to FOX40 the woman was no longer with the hospital but did not confirm she was fired. The full statement from Kaiser reads:

"Kaiser Permanente does not tolerate hate or discrimination and has a long history of embracing diversity and inclusion -- it remains a place where we welcome everyone. We want to emphasize that the comments expressed by this employee, who is no longer with the organization, do not in any way reflect Kaiser Permanente’s views or actions. We are proud of our Kaiser Permanente care teams and staff who work every day to provide compassionate, high quality care and services to our members and patients.

We are very much a part of the wonderful and rich diversity of the communities we serve and feel a deep responsibility to them. We are deeply saddened by the events associated with Stephon Clark’s death, and will continue to do our part to make sure the community is healthy, safe and inclusive."

Reichel said the First Amendment argument would be stronger if the woman was just a citizen speaking out about government. However, as an employee, it depends what she signed when she started at the hospital.

"Like any employer, and Kaiser's a very large employer, they have very strict requirements, employee handbooks, employee contracts and rules and regulations for employees that specifically address posting on social media things that are inconsistent with the mission of Kaiser," Reichel told FOX40.

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Nurse fired over saying Stephon Clark 'deserved it'
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Nurse fired over saying Stephon Clark 'deserved it'
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The woman started a GoFundMe account hoping to raise $25,000 for rent and food for her and her dogs. As of Monday afternoon, donations for her had eclipsed $1,500.

On the donation page she writes, "I am not a hateful or discriminatory person. As a person of faith, and a nurse, I love all people and treat everyone equally."

FOX40 reached out to the California Nurses Association who represents Kaiser Roseville nurses, however, they declined to comment.

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