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." The police department engaged in elaborate cover-ups. Defendants contend that the speech was entirely personal in nature, because it only concerned internal department affairs, workplace frustration, and Plaintiff's personal opinions as an employee of the Roswell Police Department. His complaint comes after recidivism rates in New Mexico are on the rise.. Connick, 461 U.S. at 163 (quotation omitted). The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. Some people are upset at the way iPhones charge. Last year, the Roswell City Council adopted the "Best in Class" pay plan, giving a 20% increase to starting police salaries across the board. Plaintiff initially brought claims against Defendant Kintigh in his individual and official capacities. Id. 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 . Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. 60). 65 at 3). 1995)) (internal quotations and alterations omitted). 57 at 4; Doc. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. A White police officer who fatally shot a Black man during a traffic stop in Minnesota resigned Tuesday, along with the city's police chief, officials said. Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). (Doc. 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. See Brammer-Hoelter, 492 F.3d at 1203, 1. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. Your support is what keeps WABE strong. 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. Dennis Nett | dnett@syracuse.com. 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). (Doc. However, the U.S. Supreme Court has cautioned that "[i]t is not a right to transform everyday employment disputes into matters for constitutional litigation in the federal courts." The Fulton County District Attorney opened a criminal investigation into the intentional freezing of a 13-year-old boy who was not telling officers the truth. (Doc. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). Half of that is dedicated to a new public safety headquarters. 52 at 10; Doc. Speech may involve a public concern when the speaker intends to "'bring to light actual or potential wrongdoing or breach of public trust'" by a public officer, or to disclose "evidence of corruption, impropriety, or other malfeasance" within a governmental entity. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. Thus, the Court finds that, given the content, form, and context of Plaintiff's speech, along with her stated motivation in making the speech, these conversations did not touch on matters of public concern, and were unprotected speech. 52 at 5-6; Doc. 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. The Tenth Circuit has noted that such an allegation only facially demonstrates a personal grievance with a public official, and therefore "unequivocally reflects a personal dispute, not a matter of public concern." To be sure, the Court will further analyze Plaintiff's motivation for her speech. 2002). Plaintiff urges the Court to consider her pattern of speech as a unitary whole in undertaking the Garcetti/Pickering analysis. Mayor Mitch Belknap said he had also spoken with Patterson, who said she may not be released to come back to work until February, due to a wrist surgery. 1 at 4; Doc. Give today! The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. (Doc. She stated that only she and three other detectives received the article, and therefore she believed that Defendant Scifres was harassing and intimidating her because she had not endorsed him for Chief of Police. 57 at 2). JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation; LARRY FRY and JODY SCIFRES, in their individual and official capacities; and DENNIS KINTIGH in his official capacity, Defendants. The police chief's resignation is effective Tuesday. She went off-duty in February. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 52 at 3; Doc. 1 at 4; Doc. Plaintiff clarified in her deposition that her only motive in writing the letter was to support Dane Kyser's candidacy for Chief of Police. 57 at 4). June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. She reported that on January 4, 2011, Defendant Scifres placed an article published by the National Tactical Officers Association, entitled the "Chronic Complainers Club, Part One," in her work mailbox. BOISE, Idaho Boise Police Department Chief Ryan Lee resigned from his position on Friday, at the request of Boise Mayor Lauren McLean, effective Oct. 14. 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. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. It also attracted those great officers from other departments looking to make a move.. Fortunately, she was not hurt. For example, the Tenth Circuit has held that speech regarding grievances about internal departmental affairs, disputes over the terms of employment, and workplace frustration, were not on matters of public concern. 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.. Police commanders initially wrote they had no problem with the dogs training or behavior. (Doc. (internal quotation omitted). (Doc. of Utah, 209 F.3d 1213, 1224 (10th Cir. Lighton v. Univ. 65 at 3). In January, 2011, she filed two complaints against other officers in the Department, alleging harassment and hostile work environment. Plaintiff repeatedly stated during her deposition that she had not spoken negatively about Defendant Scifres, and that she rarely initiated conversations about the police chief vacancy or the applicants for the position. Therefore, the Court must find that Plaintiff's statements were not on a matter of public concern, and that Defendants are entitled to summary judgment. Id. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 52-6). The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. 57 at 13). (Doc. Matsushita Elec. 60). 1 at 8). 52-1 at 4:6-10) ("They had already brought up the discussion of the new Chief of Police and then I brought up who I was supporting."). 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. 57 at 4; Doc. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). 65 at 3). But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. 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 also maintains that all of her statements concerning Defendant Scifres' character, competence and fitness for duty are matters of public concern and protected speech. 52-5 at 7:20-25; Doc. R. CIV. We do that through the news, information, and entertainment we bring you via radio and TV, on your phone, in your car, on your smart speaker, or online at the new WABE.organywhere and everywhere throughout greater Atlanta. 65 at 3). They weren't serving the community . See Panis, 60 F.3d at 1490. Defendants contend that such speech was personal in nature, while Plaintiff responds generally that all of her speech is of concern to the Roswell community. The resignations of a police chief and of an officer who shot dead a black motorist in Minnesota have failed to end unrest over Sunday's killing. 624 were here. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . 65 at 3). 1989), respectively). 52 at 9; Doc. Sch. Defendants argue that Plaintiff's speech did not touch on matters of public concern because her letter was simply a discussion of her preference for her next boss. 60). 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. 52 at 3; Doc. 60). 57 at 2). 65 at 5). 57 at 2). Id at 1. woburn police scanner live. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. Commander Brown is the Support Services Commander of training and recruiting, the systems administrator for the records management system, and the accreditation manager for the New Mexico Municipal accreditation process. 57 at 2). 57 at 3; Doc. The plaintiff held out that he was authorized to speak on behalf of others in the department. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. A Florida police chief who flashed her badge and asked to be let go from a traffic stop has resigned, Tampa officials said Monday. See Anderson, 477 U.S. at 249. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. 1989)). The school is required to report the. 58-6 at 9:24-10:2; 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. For starters, he said, officers needed more money. 2005). 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. 801. She has also repeatedly insisted that she was always a participant in these conversations, and never initiated them. 52 at 6; Doc. Defendant Fry has been City Manager since approximately October, 2010. 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. Id. She explained that she wanted to support who she thought would be a good candidate to run the Police Department and help recruit more officers. The move comes after alleged sex videos surfaced of the chief while he was. ROSWELL, Ga. Roswell's top cop has been put on administrative leave and has been told he has to resign, city officials confirmed to Channel 2's Mike Petchenik Thursday. In her letter, Plaintiff also alerted the Mayor Jurney and Defendant Fry to her reprimand by Commander Brown, and alleged that her fellow officers feared retaliation if they voiced any opinion regarding the Police Chief position. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. Feb 26, 2023. (Doc. She merely stated her preference for who she believed that her next boss should be, to the individual charged with filling that position. She testified that while other officers were speaking negatively about Defendant Scifres, who was the acting Deputy Chief of Police, she did not speak negatively about him. (Doc. 52-1 at 37:2-7). 52 at 5; Doc. The Department subsequently conducted an internal investigation, and transferred Plaintiff into a police radio dispatcher position pending the outcome of the investigation. 1984). The Court does not find that Plaintiff's statements regarding her fellow officers' failure to serve the community, or her belief that the community would suffer if Defendant Scifres was selected as Police Chief, to be on matters of public concern. Throughout the fall of 2010, Plaintiff and other Roswell police officers discussed the vacant Police Chief position and the candidates who had applied for the job. (Doc. The City Council voted unanimously this week to approve a contract between the city and the Center for Public Safety Management LLC to conduct a comprehensive assessment of the Roswell Police Department. 65 at 3). Roswells mayor and city administrator recently refused to do interviews with 11Alive Chief Investigator Brendan Keefe, after he uncovered multiple cases where police command staff knew or approved of verbal counseling, only to take more serious action after 11Alive requested records from those incidents. The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. CIV-13-00512 CEG/SMV (D.N.M. at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. A Roswell police officer who was seen on body camera video leaving a 13-year-old boy in a cold patrol car and taunting him in January has been demoted after an internal investigation, police. Id. 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.. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). 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. Plaintiff responds that all of her speech is protected by the First Amendment because the selection of the Roswell Chief of Police is a major news item, and the successful operation of the Roswell Police Department is of interest to the public at large. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. 52 at 4; Doc. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. (Doc. (quotation omitted). (Doc. The 11Alive Investigators also uncovered the attack on a teen suspect by a police K9, despite multiple commands from his Roswell Police handler to stop. In addition to higher pay, police are getting a bigger place to work. Because they were upset because the morale was at the all time low." THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. 57 at 2, 4). (Doc. Id. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. (Doc. 52 at 3-4; Doc. (Doc. First, the Court looks to the "content, form, and context" of Plaintiff's speech to determine whether it addresses a matter of public or personal concern. Conaway, 853 F.2d at 796. 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). Id. (Doc. At this time we arent going to comment as we are still working through the many issues, city administrator Gary Palmer wrote in response to Keefes request for an interview last week. Id. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. Id. Female Death Row Inmate, Kemp questions letting Buckhead leave Atlanta as vote looms, Georgia bill dies that sought to curb gender talk in schools, UGA star Jalen Carter charged with racing in fatal post-title celebration accident, Fuel costs could drive up Georgia Power bills by another 17%, EV fans celebrate Georgia charging bill, but some concerns remain, Residency fights could snare many Georgia voters under new bill. A fact is material if it might affect the outcome of the case under the governing substantive law. Sheriff Orvis Campbell said his department was already. Id. at 15. (Doc. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. 361. Oct. 10, 2014). 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. Conaway v. Smith, 853 F.2d 789, 796 (10th Cir. Its a very rare instance for a police department to be fully staffed, Chief James Conroy, whos been on the job in Roswell for four years, told Channel 2s Bryan Mims. 52-1 at 21:17-25). Leverington, 643 F.3d at 727 n.5. 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. (Doc. at 974. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? Roswell Police did show up quickly, but they are running a scam through American Towing, Inc. My daughters car was parked in a parking lot after the accident. Plaintiff's statements consisted of her subjective belief about her under-performing fellow officers, and speculation about what would happen if Defendant Scifres became Police Chief. 57 at 2). U. Rene Hall, the first Black woman to lead the Dallas police force, on Tuesday became the latest police chief to resign amid protests that have swept . 52 at 3; Doc. 5, 149 F.3d 1228, 1233 (10th Cir. Id. Id. WABEs mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity. The Tenth Circuit has observed that political speech involves advocacy of a particular candidate for public office, while emphasizing that courts place the greatest value upon political speech in the electoral process. (Doc. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. CPSM has conducted audits and projects in 41 states. Plaintiff contends that her speech was a matter of public concern because she discussed her perception of poor officer morale and her fears about officer safety in light of understaffing. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. 57 at 2). (Doc. 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 was unable to identify any other instances of her speech that she contends were protected by the First Amendment and resulted in retaliation against her. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. 65 at 3). Dwayne Orrick. 52 at 6; Doc. The community would be the one to suffer. trinity high school principal resigns. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. I have known Dane Kyser to be fair and consistent." 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. (Doc. See Borough of Duryea, 131 S. Ct. at 2501. 58-3 at 36:12-22). Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. 57 at 2). To accomplish this, the facts must be identified by reference to affidavits, deposition transcripts, or specific exhibits incorporated therein. Chief Investigator Brendan Keefe first revealed that a driver was arrested after two officers flipped a coin to decide whether or not she would go to jail. (Doc. 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. The City . Officer Victor Aguirre is one of the departments newest hires, joining in December. The subject matter of, and intended audiences for, Plaintiff's varied instances speech are too disparate to be considered as a unitary whole for purposes of the Garcetti/Pickering analysis. 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. 52 at 10; Doc. In her letter to Mayor Jurney and Defendant Fry, Plaintiff wrote: "I would like to show my support for Dane Kyser for Chief of Police of the Roswell Police Department. 57 at 4; Doc. The final two steps of the inquiry should ordinarily be decided by a trier of fact. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. 1 at 8). (Doc. (Doc. 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. Therefore Plaintiff's advocacy for Dane Kyser was not "the type of core political speech the First Amendment was designed to protect." Tice was hired May 31 and started working June 1. Published: Apr. The Court must consider relevant factors, such as the time frame in which the speech occurred, the audiences to which the speech was directed, the continuity of the speech, and the degree to which the different aspects of the speech created a cumulative impact on the government employer. 1K views, 27 likes, 1 loves, 2 comments, 18 shares, Facebook Watch Videos from Brendan Keefe Journalist: Roswell's police chief has resigned amid multiple invetsigations by The 11Alive Investigators.. 2000). 3, 891 F.2d 1485, 1492 (10th Cir. Brammer-Hoelter, 492 F.3d at 1203. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. Seattle's police chief resigned late Monday in the wake of protests against police brutality and a recent Seattle City Council vote to defund her department by 14%. Id. 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. 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. 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." The Court analyzes "the motive of the speaker and whether the speech [was] calculated to disclose misconduct or merely deals with personal disputes and grievances unrelated to the public's interest." Kim Potter, a 26-year police. 57 at 2). These letters purported to express several police officers' preferences for the new Roswell Police Chief. Bradford's . (Doc. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. 52-5 at 4:4-10; Doc. See Hom, 81 F.3d at 969. Id. Connick, 461 U.S. at 147-48. See Moore, 57 F.3d at 932 (noting that comments made at a city council meeting were matters of public concern, in part because of the public forum in which they were expressed); see also Eisenhour v. Weber Cnty., 744 F.3d 1220, 1229 (10th Cir. P. 56(c). The Roswell Police Department's use of force policy prohibits officers from using a taser on a handcuffed/secured person unless there is "overtly assaultive behavior that cannot be reasonably dealt with in any other less intrusive fashion," the indictment states. In these conversations, and transferred Plaintiff into a Police Radio dispatcher position the! Not allege serious Police misconduct, or request that Mayor Jurney and Defendant Fry was the type of core speech. Motivation for her speech Scifres, and does not find Plaintiff 's advocacy for Dane Kyser was the final on. The departments newest hires, joining in December & quot ; 3 - other. Resign at the time of their meeting, Commander Brown was one of Plaintiff 's supervisors in the of. For Dane Kyser was the final authority on the selection of the Johnsen factors 492 F.3d at 1205-06 charge. The standards articulated by the First Amendment was designed to protect. the inquiry should ordinarily be decided a! 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