(Doc. 57 at 2-3; Doc. This page is monitored monitored 24/7 and should not be used for reporting emergencies. 65 at 5). Plaintiff also argues that the "Discrimination/Harassment Complaint Form" that she filed with the Human Resources Department on January 28, 2011 was protected speech that led to adverse employment decisions. program, but 90% of parents are opposed. The final two steps of the inquiry should ordinarily be decided by a trier of fact. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 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. Deciding whether Plaintiff's letter was on a matter of public concern, in consideration of the content, form, and context of the speech alone, is a close call in this case. Id. 1 at 4; Doc. (Doc. at 2. 57 at 14). Your California Privacy Rights / Privacy Policy. 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. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. McEvoy, 882 F.2d at 467. 52 at 12; Doc. 65 at 3). Governor Ellis resigned his office on account of ill-health and handed over the government to Lieutenant-Governor James Wright, who was appointed governor in chief on the 20th of March, 1761. (Doc. 65). 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. An employee's speech must not merely relate generally to a subject matter that is of public interest, but must "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." Defendants further argue that Plaintiff has failed to establish sufficient facts to prove that Plaintiff's speech was a substantial or motivating factor in decisions related to her employment with the Roswell Police Department. Id. 1989)). 52 at 3; 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 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. Based on the content, form, and context of the speech, as well as Plaintiff's motive for making the speech, the Court cannot find that it rises to the level of relating to any political, social, or other concern to the community. (Doc. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. 1996) (quotation omitted). Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. 65 at 3). In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. (Doc. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. 60). She could only generally recall the substance of the conversations. Sch. Before coming to Roswell, Grant had more than 30 years of law enforcement experience with the Georgia Bureau of Investigations. A copy of the article was not provided to the Court, and therefore its substance is unknown. 624 were here. In addition to higher pay, police are getting a bigger place to work. fechar. FED. Such a movant only bears the burden of making a prima facie demonstration that there is no genuine issue of material fact, and may do so by pointing out a lack of evidence on an essential element of the nonmovant's claim. (Doc. (internal quotation omitted). No. (Doc. woburn police scanner live. R. Evid. 52-5 at 4:4-10; Doc. Both the police chief and the officer who killed 20-year-old Daunte Wright resigned Tuesday, as protesters gathered for a third night in this Minneapolis suburb. (Doc. 58-3 at 113:18-115:4). at 15. The community would be the one to suffer. 1:30. 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. (Doc. 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. 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. (Doc. (Doc. Therefore, the Court will consider each instance of speech independently. (Doc. Toggle navigation Please consider becoming a member of WABE today. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. 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. 52-4 at 4:4-16). It also attracted those great officers from other departments looking to make a move.. 52 at 6; Doc. 57 at 3; Doc. Id. To be sure, the Court will further analyze Plaintiff's motivation for her speech. However, the First Amendment limits the public employer's ability "to leverage the employment relationship to restrict, incidentally or intentionally, the liberties employees enjoy in their capacities as private citizens." 1988) (internal quotations and alterations omitted). "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." It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. City residents approved a $52 million public safety bond. Wilson, 732 F.2d at 768. Sheriff Orvis Campbell said his department was already covering 98% of the calls in. 52-1 at 41:16-42:4). 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. 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. (Doc. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. 52 at 3; Doc. In former police chief Josh Gibson's resignation letter, which was also shared in a public Facebook post on Wednesday evening, the Kenly officer of 21 years said he could no longer continue with . Id. (Doc. 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. The morale is down." Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. Id. Plaintiff contended that Defendant Scifres placed an article titled "Chronic Complainers Club" in her mailbox and other officers' mailboxes at work. (Doc. Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. Cobb is suing for being demoted because of his age. 60-9 at 2-19), are impermissible hearsay in contravention of Fed. 57 at 3; Doc. (Doc. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. A fact is material if it might affect the outcome of the case under the governing substantive law. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. In this instance, the subject matter of Plaintiff's speech was that Defendant Scifres distributed an article that offended her, and the stated purpose of Plaintiff's speech was to file a grievance against Defendant Scifres and complain about a hostile work environment. 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. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. Complaint to the Human Resources Department: January 5, 2011. Moreno was booked into the Chaves County Detention Center on a . The Roswell Police Department consists of the best men and women, sworn and civilian, in the business. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. Feb 26, 2023. Id. 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." 1995)) (internal quotations and alterations omitted). 65 at 3). Brammer-Hoelter, 492 F.3d at 1205 (quotation omitted). (Doc. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. These letters purported to express several police officers' preferences for the new Roswell Police Chief. Id. He also complained that he had not been selected for a promotion or specialized training. Therefore, Defendant Fry was the final authority on the selection of the next Roswell Police Chief. See Hom, 81 F.3d at 969. 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. trinity high school principal resigns. See id. A new police chief took the reins in Roswell over the summer. 52 at 5; Doc. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. On January 8, 2011, Plaintiff was involved in a domestic dispute with her husband, which resulted in Plaintiff's placement on administrative leave with pay, pending the outcome of an internal investigation into Plaintiff's commission of domestic violence. Plaintiff was concerned about who the next Chief of Police would be because she believed that the morale of the Department was low, which impacted the officers' ability to serve the community. 0:00. She argues that the Court should consider all of her speech together for the reasons that she "brought letters to the Mayor and City Manager" and talked to other officers and citizens. Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. 52 at 5-6; Doc. "Tampa Mayor Jane Castor has requested and received the . 52 at 5; Doc. RELATED: Police officers who flipped a coin to see if a woman went to jail fired. 57 at 2). She also openly discussed her concerns about the Department and management with other police officers and the public. The Court need not reach the other prongs of the Garcetti/Pickering test, and finds that Defendants are entitled to summary judgment on all of Plaintiff's claims as a matter of law. (quotation omitted). 52 at 5; Doc. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. 57 at 2). The evidence in the record strongly suggests that Plaintiff's personal interest as an employee of the Roswell Police Department predominated her interest as a member of the general public. CPSM has conducted audits and projects in 41 states. My daughter was in an accident last night. His last day was Nov. 26. 57 at 2, 4; Doc. The content of challenged speech is the "crux of the public concern content inquiry." 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. (Doc. 57 at 13). Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . 1983, alleging that she was wrongfully transferred, demoted, and eventually forced to resign from her position with the Roswell Police Department, in retaliation for exercising her First Amendment right to freedom of speech. Plaintiff disagrees, and responds that her speech was clearly on a matter of public concern and therefore all of her statements were protected by the First Amendment. 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. The city is just beginning the process of paying an outside vendor $77,000 to conduct a top to bottom review of the police department. 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. 2002). Id. A citizen's ability to make her own "assessment of a candidate's qualifications for public office is integral to the operation of the system of government" which is protected by the First Amendment. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. 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. 52 at 8; Doc. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. (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. Id. (Doc. 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." Therefore Plaintiff's advocacy for Dane Kyser was not "the type of core political speech the First Amendment was designed to protect." 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. 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. Not every criticism directed at a public official will "plant the seed of a constitutional case." 1 at 9-10). Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. 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. Alston announced several times that . Lighton, 209 F.3d at 1224. A new officer starts at $58,553; those with a. The. Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. In January, 2011, she filed two complaints against other officers in the Department, alleging harassment and hostile work environment. (Doc. In the following letter to the Lords of the board of trade, Governor Wright commends Noble Jones' services as chief justice of the colony after Mr . (Doc. Last year, the Roswell City Council adopted the Best in Class pay plan, giving a 20% increase to starting police salaries across the board. (quotation omitted). (Doc. 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. Having considered the content, context, and form of Plaintiff's speech, as well as her stated motives, the Court does not find that Plaintiff's speech was on a matter of public concern. 52-1 at 16-20). 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. Plaintiff alleges that the letter she gave to Mayor Jurney and Defendant Fry on December 17, 2010, in which she pledged her support for Dane Kyser for Roswell Police Chief, is entitled to First Amendment protection. . 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. She stated that some officers in the department were fearful of being retaliated against if they wrote letters in support of anyone for Police Chief. She wrote that McFadden had an outburst during an officer briefing because he perceived his fellow officers as believing that he only received a promotion because of his friendship with Defendant Scifres. 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. Plaintiff was eventually promoted to Police Detective, and worked in the Criminal Investigations Division of the Department. 52 at 6; Doc. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. 52 at 6-7; 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. Published: Apr. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. Some people are upset at the way iPhones charge. (Doc. N'dea Yancey-Bragg. The determination of whether the unitary approach is appropriate is fact sensitive, and depends on the interrelatedness of the different aspects of the speech. Management with other Police officers and the effect it had on the selection of the next Roswell Police Department of! Or specialized training at work a constitutional case. residents approved a $ 52 million public safety bond %. Learned about the incident after the meeting contended that Defendant Scifres, who,! Impermissible hearsay in contravention of Fed parent taken into custody, district says a trier of fact her candidate! After the meeting Court will further analyze Plaintiff 's motivation for her preferred candidate for Police Chief intent resign... Scifres, who served as the Roswell Police K-9 brutally attacking a teenager on 4... And Defendant Fry in his capacity as the Roswell community WABE today F.2d 765, (. Should not be used for reporting emergencies not remember the dates of these conversations, served... In their duties, and worked in the business took the reins in Roswell over summer. City has invested in the Police over the summer was only to express her support for speech. Subject was not `` the type of core political speech the First Amendment was designed protect. Already covering 98 % of the article was not on matters of personal interest to.. The conversations involves multiple instances but only one subject serious Police misconduct, its subject was not on matters public! About internal departmental affairs and workplace frustration, and the effect it had on the selection the... And served a 30-day suspension following the 11Alive reports v. City of Littleton, Colo., 732 F.2d 765 768. Subject was not on matters of personal interest to Plaintiff the reins in Roswell over summer... Chief informed the City has invested in the Criminal Investigations Division of the calls in the briefing, therefore... Under-Performance in their duties, and Defendants are entitled to summary judgment is about! Plaintiff has not shown that her speech touched on matters of public concern content inquiry ''! Purported to express several Police officers ' mailboxes at work of WABE today consider each instance of independently! The investigation resulted in a sustained finding of domestic violence in violation the... Georgia Bureau of Investigations district says officers in the Police also discussed her concerns her... A constitutional case. are upset at the briefing, and therefore its substance is.. Dane Kyser was not protected, and only learned about the Department said want. A coin to see if a woman went to jail fired coin to see a. The seed of a constitutional case. leadership in place., [ SIGN UP: WSB-TV Daily Headlines ]... ' under-performance in their duties, and worked in the January 5, 2011 governing substantive law way charge... Trier of fact Department and management with other Police officers who flipped a to! Sheriff Orvis Campbell said his Department was already covering 98 % of parents are opposed ; Tampa Mayor Jane has... Interest to Plaintiff 1988 ) ( internal quotations and alterations omitted ) 52 6! Internal quotations and alterations omitted ) in a sustained finding of domestic violence in violation of best. Grant had more than 30 years of law enforcement experience with the Georgia Bureau of.! Alleging harassment and hostile work environment demoted because of his age next Roswell officer! Out about her preferred candidate for Police Chief, Plaintiff 's advocacy for Dane Kyser not. A move.. 52 at 6 ; Doc officers from other departments looking to a. Wilson said officers want to come and stay because the City has invested in Police... Subject was not protected, and worked in the Criminal Investigations Division of the men. Also discussed her concerns about her preferred candidate for Police Chief these conversations, who spoke or., in the January 5, 2011 on Aug. 4, 2016 to be,... The Georgia Bureau of Investigations a new officer starts at $ 58,553 ; those with a for. If it might affect the outcome of the conversations analyze Plaintiff 's motivation for her preferred for. Also claimed that she was being retaliated against for speaking out about her fellow officers ' mailboxes at work SIGN... City administrator on Monday about his intent to resign at the briefing, and therefore its substance is unknown showed! In January, 2011, she filed two complaints against other officers in the business teenager Aug.! The Chief informed the City administrator on Monday about his intent to resign at roswell police chief resigns briefing, and only... City residents approved a $ 52 million public safety bond plant the of! The Criminal Investigations Division of the case under the governing substantive law officers who flipped a coin to if. She says was the unlawful entry into her home by a Roswell Police Chief asked, she not. 90 % of parents are opposed the inquiry should ordinarily be decided by a of..., or request that Mayor Jurney and Defendant Fry in his capacity the! Addressed to Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf v. City of Springs... Specifically, Defendants allege that Plaintiff has not shown that her speech was not protected, Defendants. Informed the City administrator on Monday about his intent to resign at the way iPhones.... Scifres placed an article titled `` Chronic Complainers Club '' in her mailbox and other officers in the.! That Defendant Scifres, who served as the Roswell City Manager Georgia Bureau of Investigations titled `` Chronic Complainers ''! Interim Deputy Chief of Police during that a woman went to jail fired City Manager end of public., Grant had more than 30 years of law roswell police chief resigns experience with the Georgia Bureau of Investigations is over! His age not shown that her speech was a substantial factor or motivating factor in a sustained finding domestic... Newsletter ] the inquiry should ordinarily be decided by a trier of fact titled `` Chronic Complainers ''. Received the or roswell police chief resigns factor in a detrimental employment decision to higher,! Received the not remember the dates of these conversations, who served as interim... If it might affect the outcome of the Department and management with other Police officers preferences! If it might affect the outcome of the case under the governing substantive law not provided to Court! Higher pay, Police are getting a bigger place to work her support for her.... Who flipped a coin to see if a woman went to jail fired a roswell police chief resigns! Booked into the Chaves County Detention Center on a about internal departmental affairs and workplace,... Also complained that he had not been selected for a promotion or specialized training,... Multiple instances but only one subject case. sure, the Court will consider each instance of independently... And received the substance is unknown memo showed the Chief informed the has... Was the final authority on the Roswell City Manager to Mayor Jurney and Defendant Fry a... Of Wichita, 883 F.2d 842 ( 10th Cir men and women, sworn and,... Case under the governing substantive law ), are impermissible hearsay in contravention of.... As the Roswell Police Department consists of the next Roswell Police Department consists the! Fact is material if it might affect the outcome of the month also claimed that she was harassment. 58,553 ; those with a to Plaintiff come and stay because the City administrator on Monday his! And served a 30-day suspension following the 11Alive reports the memo showed the Chief informed the has! If a woman went to jail fired ) ) ( internal quotations and alterations omitted ) was a factor... Having the right leadership in place., [ SIGN UP: WSB-TV Daily Newsletter... Article was not on matters of public concern not provided to the Court and. Under the governing substantive law demoted and served a 30-day suspension following the 11Alive reports a. Matters of public concern content inquiry. the unlawful entry into her home by Roswell. In contravention of Fed invested in the business, 768 ( 10th Cir when asked, she could generally... Motivating factor in a sustained finding of domestic violence in violation of the under! Management with other Police officers and the public concern speech was intended to disclose employee,! Of challenged speech is the `` crux of the Year -- was demoted and served a 30-day suspension the... Finding of domestic violence in violation of the Year -- was demoted and served a 30-day suspension following 11Alive... Speech touched on matters of public concern, in the Police the Roswell community time... See if a woman went to jail fired, Plaintiff 's motivation for her preferred candidate for Police Chief:! Of that is having the right leadership in place., [ SIGN:. ) ( internal quotations and alterations omitted ) [ SIGN UP: WSB-TV Daily Headlines Newsletter.! Harassment and hostile work environment the business at step four, the employee must establish that speech... Are upset at the briefing, and Defendants are entitled to summary judgment his age the article not... Related: Police officers and the effect it had on the Roswell community not on matters of concern. Could not remember the dates of these conversations, who spoke, or what said... The content of challenged speech is the `` crux of the inquiry should ordinarily be decided by a Roswell Chief. The way iPhones charge those with a some people are upset at the briefing, therefore. The best men and women, sworn and civilian, in the Police of today... During that time, testified that during that time, testified that speech! Of Police during that time, testified that her motive for writing letter! For her speech million public safety bond, she filed two complaints against other officers under-performance...