The Court cannot find that these facts fit within the category of political speech that the U.S. Supreme Court and the Tenth Circuit have held is protected as political speech by the First Amendment. McEvoy, 882 F.2d at 467 (quoting Connick, 469 U.S. at 149). The two represented the entire village force. Commander Brown advised Plaintiff not to discuss the Police Chief position or the Police Chief candidates while on duty, as it had become a distraction at work. 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. 65 at 3). Example video title will go here for this video. As discussed above, speech that "discloses any evidence of corruption, impropriety, or other malfeasance on the part of city officials" will generally be on matters of public concern. 52-1 at 3:8-4:10). 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. Indus. See Brammer-Hoelter, 492 F.3d at 1206 (holding that a public school teacher's speech regarding the school's staffing levels, a school administrator's lack of support, trust, and feedback, and criticisms of the school board were not matters of public concern) (quotation omitted). Following a pre-determination hearing that took place on January 31, 2011, Defendant Fry transferred Plaintiff from her position as Defendant in the Criminal Investigations Division to the Consolidated Dispatch Center. Id. Wilson, 732 F.2d at 768. Id. Connick, 461 U.S. at 147-48. Nearly three months shy of his two year anniversary with the city, Roswell Police Chief Dwayne Orrick is no longer with the Roswell Police Department, according to city officials.. 1 at 8). 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. Id. 57 at 4; Doc. A Florida police chief who flashed her badge and asked to be let go from a traffic stop has resigned, Tampa officials said Monday. The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. 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. Conroy said when he started, there were many vacancies. See Borough of Duryea, 131 S. Ct. at 2501. (Doc. She maintains that all of her statements questioning the advancement of Defendant Scifres constituted protected speech because she spoke out on Police Department matters of serious concerns to the Roswell community. She has also repeatedly insisted that she was always a participant in these conversations, and never initiated them. 57 at 14). 60). You want to go somewhere where you dont have limitations.. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." 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. (Doc. 52), be GRANTED, and this action dismissed with prejudice. 57 at 2). If it is not a matter of public concern then it is not constitutionally-protected 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. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. 52-1 at 37:12-22). 52 at 8; 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. 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 . No. A copy of the article was not provided to the Court, and therefore its substance is unknown. She recounted her meeting with Commander Brown, and acknowledged that she encouraged the other officers to write letters of support for their preferred Police Chief applicant and told them that "change [is] good." 57 at 2). (Doc. . He specialized in investigating violent crimes, property theft, drug enforcement and technology. Id. (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. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. (Doc. While the selection of the Roswell Police Department police chief could conceivably be a topic of general interest to the public, Plaintiff's personal feeling is not a matter of public concern within the meaning of previous U.S. Supreme Court decisions. "Whether speech relates only to personal matters as an employee as opposed to public matters as a citizen depends on the content, form, and context of a given statement, as revealed by the whole record." P. 56(c). 57 at 13). To be sure, the Court will further analyze Plaintiff's motivation for her speech. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). Make your practice more effective and efficient with Casetexts legal research suite. The community would be the one to suffer. 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. These letters purported to express several police officers' preferences for the new Roswell Police Chief. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. (Doc. P. 73, the parties have consented to have this Court serve as the presiding judge and conduct all proceedings, including trial. 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. The parties agree that step one of the Garcetti/Pickering analysis is satisfied because Plaintiff's speech was made outside of her official duties as a detective in the Roswell Police Department. (Doc. 0:00. According to the press release . (Doc. 52 at 3-4; Doc. 57 at 2). 60-9 at 1). 52 at 9-10; 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. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? 1995)) (internal quotations and alterations omitted). 52 at 3; Doc. Id. of Utah, 209 F.3d 1213, 1224 (10th Cir. 52 at 5-6; Doc. 52 at 6; Doc. Complaint to the Human Resources Department: January 28, 2011. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. She indicated that members of the community also solicited her opinion regarding the Police Chief position. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . 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." The police officer who shot and killed Daunte Wright, a 20-year-old Black man, during a traffic stop in Brooklyn Center, Minnesota, on Sunday has resigned from her position amid widespread protests. (Doc. (Doc. at 972. The mere existence of some evidence in support of the nonmoving party, however, will not be sufficient for denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the nonmoving party on that issue. 52 at 4; Doc. Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. 52 at 10; Doc. 58-3 at 36:12-22). (Doc. This comes as law enforcement agencies across the country struggle to fill vacancies. 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. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. 57 at 2; Doc. Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. 57 at 2, 3; Doc. 57 at 2). 52-6). (Doc. IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. (Doc. 57 at 2). Schrier v. Univ. at 466. Sch. 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. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. Id. (Doc. 57 at 2). (Doc. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. Plaintiff Jeannie Madsen had served as a police officer, and then as a police detective, for the Roswell Police Department for almost 20 years, when she tendered her resignation in February, 2012. In fall 2010, the Roswell Police Chief position became vacant and the City of Roswell was engaged in a search process to select the new Police Chief. 57 at 2). The speech merely consisted of one public employee's interpersonal conflict with another. 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. Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. 57 at 2). 57 at 2). 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. One of those now-former officers, Courtney Brown, blamed her termination on the international . 1 at 8). 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. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. No. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 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 Please consider becoming a member of WABE today. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. program, but 90% of parents are opposed. (Doc. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. Roswell, GA. 196. 65 at 3). 52 at 3; Doc. On Jan. 2, body camera footage showed officers leaving a 13-year-old boy in a squad car on a cold night and taunting him. 361. 60). Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images (Doc. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. 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). The Court may consider the circumstances surrounding the speech, such as whether the speech was presented in a public forum and the timing of the speech, because such facts provide context for whether a statement is of public concern. 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. 57 at 2, 4). Brammer-Hoelter, 492 F.3d at 1203. On March 10, officers pulled over an off-duty officer and let him go after he admitted to speeding and drinking under the influence of alcohol. Brammer-Hoelter, 492 F.3d at 1203. An entire Missouri police. 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." 52 at 9; Doc. See Anderson, 477 U.S. at 249. 5, 149 F.3d 1228, 1233 (10th Cir. (Doc. Plaintiff's statements regarding the Police Department's "good ole boy" system, officer morale, and understaffing are "clearly not matters of public concern because they are "internal in scope and personal in nature." 57 at 14). Girls high school basketball team forfeits a game because it refused to play against a team with a transgender player, Fox Leaders Wanted to Break From Trump but Struggled to Make It Happen, Not Going to Read That: White House Press Secretary Brushes Off DeSantis Op-Ed, Owner of popular Roswell restaurant accused of child sex crimes, Furniture store supports 'Sunny' days for Georgia families, Dallas Police Department terminates officer, suspends another, 3 Detroit police officers injured during 2 separate incidents, Clarksville Police Department hires 9 new officers. 57 at 2, 5; Doc. (Doc. The Court Will Consider Each Instance of Speech Separately. His last day was Nov. 26. "Tampa Mayor Jane Castor has requested and received the . "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . As leader of this city, my job is to come in and protect the police., A woman threw a house party with 65 men she matched with on Tinder and Hinge and connected with the man she's been dating for a year. 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. Lancaster v. Indep. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. This page is monitored monitored 24/7 and should not be used for reporting emergencies. U.S. Daunte Wright. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. Sch. 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. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. (Doc. She listed the date of the alleged offending incident as December 14, 2010. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. Pay is one part of that equation. Roswell To Pay Consultant To Audit Its Police Department, Atlantans share how theyll navigate the holidays with looming omicron surge, Punk Black To-Go: Monthly local music recommendations from Von Phoenix, Execution Date Set For Ga. 52-1 at 21:17-25). 52 at 3; Doc. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. (Doc. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. 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. 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. 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. The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. 1 at 4). 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. 65 at 3). 57 at 6; Doc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Dist. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." Id. 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. See Brammer-Hoelter, 492 F.3d at 1203, 1. The department has 160 sworn officer positions, all of which are filled. 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. May 13, 2020 The second-in-command at the Roswell Police Department has resigned amid an internal investigation into allegations she assaulted and belittled a police recruit. 52-5 at 7:20-25; Doc. (Doc. Give today! . Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. Brammer-Hoelter, 492 F.3d at 1205 (quotation omitted). This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. Timeline, photos give new details into disappearance of Georgia husband, father in Baton Rouge, New timeline, surveillance photos provide insight into Georgia man's last whereabouts in Baton Rouge, Home explosion leaves 8 families without answers or compensation after two years, Family of 8 still waiting on answers or compensation following home explosion in 2020, 'There is nobody looking out for you' | Home Explosion Leaves 8 Families without answers or compensation after two years, Forecast | Shower and storms increase to finish the week, Timeline | Multiple rounds of strong to severe storms possible, Police officers who flipped a coin to see if a woman went to jail fired, the attack on a teen suspect by a police K9, Teen following police commands is brutally attacked by Roswell K-9, intentional freezing of a 13-year-old boy, Roswell police chief says muted body cameras and secret memo 'not a cover-up'. 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. An issue is genuine if the evidence is such that a reasonable jury could resolve the issue in favor of the nonmoving party. The school is required to report the. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." 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. Roswell police say Moreno was with the department for a year and a half he resigned from the department once the investigation began. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). Id. In this case, Plaintiff alleges that all of her statements concerning Defendant Scifres are protected because they question his character, competence, and fitness for duty. Id. Dennis Nett | dnett@syracuse.com. Conaway, 853 F.2d at 796. Improving vehicles, technology, everything is moving up. Plaintiff does not allege that any of her speech was calculated to disclose wrongdoing, misconduct, governmental inefficiency, or malfeasance by Defendant Scifres, Commander Brown, or any City of Roswell official. 52-1 at 18:2-8; Doc. We brought that pay up so that our officers who were here continued to stay and serve our community, he said. | AP. It is true that political expression has long been afforded the broadest protection by the First Amendment. ( quoting Connick, 469 U.S. at 149 ), 469 U.S. at 149 ) High school made outcry. Officers ' preferences for the new Roswell Police Chief vacancy while on duty camera footage showed officers a. 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