57 at 2). (Doc. of Educ., 391 U.S. 563, 568 (1968). Id. 52 at 3; Doc. Id. 57 at 13). 52 at 5; Doc. 65 at 3). (Doc. Plaintiff urges the Court to consider her pattern of speech as a unitary whole in undertaking the Garcetti/Pickering analysis. B. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. However, the actual subject matter of her complaint to the Human Resources Department merely alleges that Defendant Scifres had created a hostile work environment and harassed her by placing a copy of an article in her mailbox. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995). Kim Potter, the police officer in Brooklyn Center, Minn., who fatally shot Daunte Wright on Sunday, has resigned from the Police Department, her union said in a statement on Tuesday. (Doc. P. 56(c). The Court looks to content, form, and context of the speech, and considers the motivation of the speaker, in determining whether it was on a matter of public or personal concern. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. Make your practice more effective and efficient with Casetexts legal research suite. FED. Captain Helen Dunkin, commander of Roswells internal affairs office, will take over as interim chief of police on Jan. 1, 2019 according to Chief Grants internal resignation announcement. Fortunately, she was not hurt. 2014) (holding that plaintiff's speech was of public concern, because it was made to the media, and statements protected under the First Amendment are protected in part by fact of being made to the media). 361. (Doc. She believed that if Defendant Scifres were to be hired as Chief of Police, more officers would quit and the community would suffer. UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. P. 56(c) and Fed. It is true that political expression has long been afforded the broadest protection by the First Amendment. Officers would not respond to their calls. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). See Adler, 144 F.3d at 671. She could only generally recall the substance of the conversations. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. She contends that other officers threatened to quit the Department if Defendant Scifres became Police Chief, but that she never talked negatively about Defendant Scifres. 65 at 3). Brammer-Hoelter, 492 F.3d at 1205 (quotation omitted). Cole is shown here during a school board meeting in May 2022. Therefore, "[a] statement does not attain the status of public concern simply because its subject matter could, in different circumstances, have been the topic of a communication to the public that might be of general interest." Therefore, the Court cannot find that her motivation in engaging in these conversations with other officers andcity employees was to disclose any official misconduct, malfeasance, or breach of the public trust. R. Civ. Tim Gannon, the Brooklyn Center, Minnesota, police chief, resigned on Tuesday, just one day after he said he had no plans to give in to calls for him to step down. (Doc. 52 at 5; Doc. Plaintiff claims that the officers who wrote the letters feared retaliation, and either did not want to write any more letters or refused to identify themselves in their letters. The Court finds that, like the grievances involved in Hom, the speech in this case involved only matters of internal departmental affairs and workplace frustration, and therefore were only on matters of personal interest. Plaintiff testified during her deposition that the Roswell Police Department officers brought up the Department's low morale on a daily basis, usually in the briefing area of the Department. Chad Cole, assistant superintendent for finance and operations at Roswell Independent School District, has been named by Roswell Mayor Timothy Jennings as his choice as the new city manager. (Doc. If so, then the speech is not protected because the restriction properly "reflects the exercise of employer control over what the employer itself has commissioned or created." Mondays move by the council comes after former members of the police department were involved in a handful of controversial incidents in the past year. (Doc. The Roswell Police Department was going through "some tough times," because both the Chief of Police and the Deputy Chief of Police had recently resigned from their positions. 57 at 2). 801. June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. McEvoy, 882 F.2d at 465. Roswell, GA. 196. July 3: The Toronto chapter of Black Lives Matter stages a protest as honoured guests of Pride Toronto, demanding more funding to people of colour events at pride, and removal of police floats in future parades. (Doc. 57 at 4). Kimberling City Police Chief Craig Alexander resigned on Aug. 23. The content of challenged speech is the "crux of the public concern content inquiry." The official announcement simply called it a retirement, but. 57 at 2, 4; Doc. 57 at 2). 52 at 6; Doc. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. (Doc. 52-5 at 7:14-19; Doc. While the Court concedes that the operation of the Roswell Police Department constitutes a legitimate subject of public concern, Plaintiff's letter failed to "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." Lighton, 209 F.3d at 1224. 52 at 6; Doc. Conversations with Fellow Officers and Other City Employees. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . The Court agrees with Defendants that the unsigned, unauthenticated letters, submitted by unknown declarants, and Plaintiff's testimony regarding the same, fall within the prohibition against hearsay. 52 at 5; Doc. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. See Johnsen v. Indep. Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. (Doc. If the Court finds that Plaintiff's speech was not on a matter of public concern, then the Court must hold that the speech is unprotected, and end its inquiry pursuant to Garcetti/Pickering. Id. Id. Aside from naming Defendant Scifres on the first page of the complaint, she did not make any specific allegation that he had harassed her or created a hostile work environment. program, but 90% of parents are opposed. The police officer who fatally shot an unarmed Black man in a Minneapolis suburb Sunday has resigned, as has the police chief, in the latest shake-up for a town reeling from the shooting.. City residents approved a $52 million public safety bond. 60). The community would be the one to suffer. 65 at 3). Defendant Fry does not remember any other instances of officers ever writing letters to the City Manager or Assistant City Manager about who they wanted as the Roswell Chief of Police. CIV-13-00512 CEG/SMV (D.N.M. Plaintiff complained that McFadden had an outburst during the briefing over his perception that the other officers believed he was promoted because of his friendship with Defendant Scifres. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. The Roswell Police Department was going through "some tough times," because both the Chief of Police and the Deputy Chief of Police had recently resigned from their positions. 57 at 2, 4). Plaintiff testified that she could only vaguely recall "things that were said" about morale, staffing, and shift hours, but could not recount any specific statements that she made or anyone that she spoke to, other than her fellow officers and the police union. 57 at 2-3; Doc. Throughout the fall of 2010, Plaintiff and other detectives in her division discussed the vacant chief position and the applicants for the position at officer briefings and police union meetings. He also complained that he had not been selected for a promotion or specialized training. She also maintains that all of her statements concerning Defendant Scifres' character, competence and fitness for duty are matters of public concern and protected speech. In McEvoy v. Shoemaker, the plaintiff submitted a letter to the City Council complaining about office politics, favoritism, training, transfers, and personnel relationships within the police department. She testified that she did not initiate conversations with the other officers, and that she was always approached by others to discuss the Police Chief vacancy. 1 at 4; Doc. Plaintiff brings a claim under 42 U.S.C. She wrote that she had talked to other officers and advised them that she was going to write a letter in support of Dane Kyser's application for Police Chief, and that she had encouraged them to write letters. Moreno was booked into the Chaves County Detention Center on a . 2. (Doc. If the employee's speech is outside of her official duties, then the Court should next determine whether the subject of the speech is a matter of public concern. (Doc. 58-3 at 36:12-22). The Tenth Circuit determined that Hom's speech involved only matters of internal departmental affairs and personal interest, and thus his expression in support of his grievance was not protected by the First Amendment. 52 at 14). 52 at 6-7; Doc. Associated Press N'dea Yancey-Bragg. Funding for the audit will come from the police departments budget for the 2019 fiscal year. 52 at 5; Doc. She reasons that a police officer's opinion as to who would be the best Chief of Police is important to the public, because the public has a "dire need to know who is leading their police department." (Doc. In a Sept. 17 memo to the citys attorney, police chief and human resources director, City Administrator Gary Palmer wrote that out of CPSM and another finalist, CPSM was best qualified but also the least expensive.. LOWELL, Mich. (WOOD) The Lowell police chief was forced to resign just days after a controversial Facebook post that supported four young men who had armed themselves against potential . Complaint to the Human Resources Department: January 5, 2011. | AP. 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. 52-1 at 16-17). Thus, the inquiry should focus "on the extent to which the content of the employee speech was calculated to disclose wrongdoing or inefficiency or other malfeasance on the part of governmental officials in the conduct of their official duties." Id. 65 at 3). (Doc. (Doc. Id. She further argues that she has presented enough facts to demonstrate the existence of a genuine issue of material fact as to whether her speech was a substantial or motivating factor in the decisions to transfer her from her detective position, demote her, and eventually force her to resign. Last, Plaintiff alleges that her numerous conversations with fellow officers and other city employees were protected speech, which led to retaliation against her at the Police Department. An issue is genuine if the evidence is such that a reasonable jury could resolve the issue in favor of the nonmoving party. The move by the Roswell City Council to hire a consultant comes after former members of the police department were involved in a handful of controversial incidents in the past year. The Tenth Circuit concluded that, because the plaintiff had only alleged mismanagement and inequities, and his principal purpose in writing the letter was to air his personal frustration and express his disappointment over internal office affairs, his speech was not on a matter of public concern. Id. (Doc. (Doc. Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. On August 30, 2011, Plaintiff entered into a pre-prosecution diversion program, admitted to the commission of domestic violence, and agreed that the charges would be dismissed upon her completion of the program. In lieu of termination, Plaintiff tendered her resignation from the Roswell Police Department on February 16, 2012. 57 at 2). The Wulf plaintiff alleged the police chief impermissibly interfered with the right of some officers to join a certain private officer club, treated officers unfairly based on their membership in certain private officer clubs, misappropriated and misused public funds, and permitted a culture of sexual harassment. Improving vehicles, technology, everything is moving up. (Doc. She stated her belief that Defendant Scifres had been the one who told Commander Brown to reprimand her in December, 2010 for discussing the Police Chief vacancy while on duty. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Plaintiff was ultimately reinstated in her previous position with the Police Department in January, 2012, and then immediately placed on administrative leave with pay. Dist. Id. Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. Id at 1. Defendants argued in their Motion that claims against Defendant Kintigh in his personal capacity should be dismissed because Plaintiff has not made any factual allegations that he was personally involved in any adverse employment decision alleged in this case. Defendants move for summary judgment on the basis that Plaintiff's speech was not protected by the First Amendment because Plaintiff has failed to demonstrate that any of her speech touched on a matter of public concern. 58-3 at 14:18-24). To accomplish this, the facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein. The Tenth Circuit found that, because the Wulf plaintiff's speech was directed to a public official seeking a formal investigation of a police chief's alleged misconduct, a finding of public concern was strongly supported by the evidence. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that period, the Department was like "a ship without a captain." 52 at 9; Doc. . In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). 0:00. (Doc. Not every criticism directed at a public official will "plant the seed of a constitutional case." See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. CNN obtained eight resignation. Id. 52 at 10; Doc. Give today! 65 at 3). Id. Ippolito's LinkedIn states that he is the owner of Ippolito's and Ipps's Pastaria in Roswell. Generally, the subject matter of the speech at issue, as described by Plaintiff, consists of vague recollections touching on officer morale, understaffing, shift hours, the quality of other officers' work, and her subjective belief about what would happen if Defendant Scifres were to be hired as Police Chief. She was chosen for the position following the retirement of Rusty Grant at the end of 2018. 65 at 3). She further explained that, since she voiced her support for Dane Kyser for Police Chief to Mayor Jurney and Defendant Fry, she was being singled out and harassed at work, and that the work environment was hostile. Roswell's Police Chief Rusty Grant announced he will resign at the end of the month, according to an internal email obtained by the 11Alive Investigators and confirmed by the department.. In this case, Plaintiff contends that her constitutionally-protected speech consists of: (i) the December 17, 2010 letter addressed to Mayor Jurney and Defendant Fry stating her support for Dane Kyser for Chief of Police; (ii) the January 5, 2011 complaint to the Human Resources Department alleging Defendant Scifres was creating a hostile work environment; (iii) the January 28, 2011 complaint to the Human Resources Department alleging Defendant Scifres and Brad McFadden were creating a hostile work environment; and (iv) all of the conversations that she had with fellow police officers and other city employees regarding the low morale, understaffing, and work hours at the Police Department, and the vacant Chief of Police position. The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. While, the first three steps in the Garcetti/Pickering analysis are questions of law for the Court to decide, id., they may turn on resolution of a factual dispute by the jury. The city of Roswell is going to pay an outside consultant to take a closer look at its police department following multiple controversies over officers actions. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. Further, Plaintiff has not alleged that any of these letters form the basis of her claim. First, the Court asks whether the speech was made pursuant to the employee's official duties. 2010). 52-1 at 18:2-8; Doc. 52-1 at 21:17-25; Doc. A fact is material if it might affect the outcome of the case under the governing substantive law. Because the Court finds that Plaintiff's letter to Mayor Jurney and Defendant Fry was not on a matter of public concern, Defendants are entitled to summary judgment as to that instance of speech. Plaintiff requested that the Human Resources Department intervene and require Defendant Scifres to immediately cease his offending behavior and attend a session on workplace harassment. 52 at 4; Doc. Id. 1989)). Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. at 465. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. The Court views all of the evidence in the record in the light most favorable to Plaintiff. R. CIV. 52 at 4; Doc. Plaintiff asserts her claim against the City of Roswell, as well as Larry Fry and Jody Scifres in their individual and official capacities, and Dennis Kintigh in his official capacity only. She stated that these conversations usually focused on the officers' complaints that the Department was understaffed, that they had to work overtime, and that the detectives had to work patrol shifts. Id. 52 at 12; Doc. (Doc. 52-5 at 4:4-10; Doc. Again, the Court considers the content, form, and context of Plaintiff's speech, as well as her stated motivation for making the speech, in conducting its analysis. On or around January 28, 2011, Plaintiff filed a complaint against Defendant Scifres and Officer Brad McFadden with the Human Resources Department, based on an incident that occurred at an officer briefing on December 14, 2010. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. The fact that it was in the form of a complaint submitted to the Human Resources Department also implies that Plaintiff was requesting a formal inquiry be made into Defendant Scifres' behavior. Bradford's . at 1203. If the employee establishes the speech was a substantial or motivating factor, then "the employer may demonstrate that it would have taken the same action against the employee even in the absence of the protected speech." Plaintiff alleges that during that time she advocated for one of her fellow officers for the Chief of Police position, and encouraged other police officers to voice their support for their favorite candidate. Plaintiff has not even provided the Court with a copy of the article to review. 57 at 2). Id at 2. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. While Plaintiff's speech may be related to the Police Department's efficient performance, her comments on the matter "did not sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." 57 at 14). fechar. 1 at 3, 4). On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. McEvoy, 882 F.2d at 467 (quoting Connick, 469 U.S. at 149). Id. 52 at 10; Doc. Police Chief Tim Gannon and Officer Kim Potter both resigned from their positions in the Minnesota city of Brooklyn Center after two consecutive nights of rioting and looting in response to the . Grant's resignation comes amid multiple new police incidents under investigation by The 11Alive Investigators. Pay is one part of that equation. In the fall of 2010, the Roswell Police Department had an interim Chief of Police and interim Deputy Chief of Police because the officers holding those positions had recently resigned. (Doc. Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. However, Plaintiff's speech was directed towards the Human Resources Department, and there is no allegation that it was ever intended to be made public. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. In addition to higher pay, police are getting a bigger place to work. (Doc. Conaway, 853 F.2d at 796. She disclosed that she had been admonished by Commander Brown for "talking negatively about Chief Deputy Jody Scifres for Chief," and was instructed to cease talking about the Police Chief position while at work. Defendants point out that Plaintiff has never alleged that the Roswell Chief of Police is an elected position or that Dane Kyser was a candidate running for public office. He has been the police chief in Syracuse for just over three years. P. 56(a). Connick, 461 U.S. at 147-48. (Doc. Dennis Nett | dnett@syracuse.com. More Roswell news:Police Chief Donna Patterson is the boss. She testified at her deposition that she warned fellow officers and members of the community that if Defendant Scifres were to be selected for the Police Chief job that: "Officers would quit. USA TODAY. (Doc. See generally Connick, 461 U.S. at 163. According to an incident report WXIA-TV obtained, officer Lorne Alston was on patrol when he spotted what he believed to be a stolen vehicle with four people inside. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. Therefore, the Court will consider each instance of speech independently. They weren't serving the community . In the proposal to Roswell, it says it will conduct data-driven analysis, identify and recommend appropriate staffing levels, review policies and procedures, examine the department's organizational structure and culture, recommend a management framework to ensure accountability, conduct interviews, review internal affairs and conduct other She was able to specifically identify several officers that she spoke with, but was not able to recall any specific dates that these conversations occurred. Indus. 65 at 3). 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