By Brian Bowling

Published: Tuesday, January 8, 2013, 3:22 p.m.
Updated: Tuesday, January 8, 2013

A federal judge on Monday dismissed a former Allegheny County jail nurse's First Amendment claim that supervisors fired her to cover up the May 6 death of an inmate, but left open the option that she could pursue a lawsuit in state court.

Sherry Anderson, 44, of Bellevue claimed that the county, Allegheny Correctional Health Services and two supervisors violated three state laws, including the Whistleblower Act, and violated her civil rights.

U.S. District Judge Terrence McVerry ruled that Anderson failed to substantiate her federal claim because all of her conversations about the treatment and death of Derek Black, 28, were with supervisors, and the First Amendment doesn't protect employee conversations with their employers.

Anderson's attorney, Timothy Kolman, said she will pursue her wrongful firing claims in state court.

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