1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. at 2, 3. 52), be GRANTED, and this action dismissed with prejudice. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. 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. 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. 57 at 13). 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. She alleges that during those meetings she told the other detectives that the Roswell Police Department needed a change and that she hoped Dane Kyser would be selected for the position of Police Chief. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. Plaintiff contends it is undisputed that she also discussed her concerns about the Police Department with officers and citizens at the City of Roswell Yucca Community Center. 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. Before coming to Roswell, Grant had more than 30 years of law enforcement experience with the Georgia Bureau of Investigations. The department has 160 sworn officer positions, all of which are filled. The Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. Id. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. (Doc. 57 at 2). Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. PREVIOUS: Teen following police commands is brutally attacked by Roswell K-9. Conversations with Fellow Officers and Other City Employees. 52-5 at 7:20-25; Doc. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. 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. (Doc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. 1 at 3, 4). Instead, she claims that she was often approached by others who initiated these conversations. 801. The police department engaged in elaborate cover-ups. 57 at 2). In considering the speaker's motivation in making the statements, the Court analyzes whether the speech was calculated to disclose misconduct, wrongdoing, inefficiency, or other malfeasance on the part of government officials in the conduct of their official duties, Lancaster, 149 F.3d at 1234, or merely dealt with personal disputes unrelated to the public's interest. Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). 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. 57 at 2, 4). Rather, her interest was to discuss her opinions regarding low employee morale, low retention rates, officer shift schedules, and her preference for her next supervisor. The move comes after alleged sex videos surfaced of the chief while he was. 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. 57 at 2). THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. Plaintiff maintained throughout her deposition that she did not mean to say anything negative about Defendant Scifres, and that she only wanted to support who she thought would be a good candidate to run the Police Department and help recruit more officers. The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. 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. As City Manager, Defendant Fry was the final decision-maker in the hiring, termination, and transfer of City of Roswell and Roswell Police Department employees. She also attached a message that McFadden published on a social-media website, which she contends was posted "[a]fter letters of support were known." Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. (Doc. It has been my pleasure to work with each of you over the last six years," Grant said in a statement from the Roswell Police Department. Again, an employee's speech raising concerns over how government officials are performing their duties will not always constitute a matter of public concern. See Panis, 60 F.3d at 1490. No. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. 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. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. Dwayne Orrick. The Tenth Circuit has specifically held that an individual's complaints about staffing levels inherently relate to the amount of work that an employee must perform, and therefore is a personal, rather than a public concern. The content of challenged speech is the "crux of the public concern content inquiry." 57 at 2). "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. Id. 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." 52 at 9-10; Doc. 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. He is almost 60 years old. Technically, the police chief and officers are still on the job through the beginning of next week. (Doc. She believed that if Defendant Scifres were to be hired as Chief of Police, more officers would quit and the community would suffer. (Doc. Indus. His complaint comes after recidivism rates in New Mexico are on the rise.. The next instance of speech that Plaintiff contends is protected is her complaint to the City of Roswell Human Resources Department dated January 5, 2011. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. Id. Id. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995). Plaintiff was initially hired as a police officer with the Roswell Police Department in December, 1999, and remained employed with the Department through February, 2012. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). 60). (Doc. 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." 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. 52-1 at 41:16-42:4). 65 at 3). Id. In February, 2012, Plaintiff was recommended for termination, but chose to resign from the Department instead. 1988). Because they were upset because the morale was at the all time low." Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. of Utah, 209 F.3d 1213, 1224 (10th Cir. 57 at 2). 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. 1989), respectively). 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. (Doc. Id. Connick, 461 U.S. at 163 (quotation omitted). 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." which includes scrutinizing whether the speaker's purpose was to bring an issue to the public's attention or to air a personal grievance." 31). R. Civ. To be sure, the Court will compare the facts here with previous Tenth Circuit decisions considering the nature of a police officer's written speech. 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. (Doc. Sch. dolan funeral home obituaries; beaver country day admissions; how long does lemon balm stay in your system; marlin 1894 tactical stock The police chief's resignation is effective Tuesday. 52-5 at 7:14-19; Doc. 57 at 2). 1 at 4). Id. trinity high school principal resigns. 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." (Doc. (Doc. The Roswell Police Department has a new acting chief of police, after Chief Rusty Grant resigned earlier this month. The official announcement simply called it a retirement, but. 57 at 2). She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. 52 at 13-14). 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. (quotation omitted). 52 at 5; 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. 52 at 6; Doc. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. 58-3 at 24:3-18). . An entire Missouri police. (Doc. Id. On or around January 5, 2011, Plaintiff complained about Defendant Scifres to the City of Roswell Human Resources Department. Id. 1/8/2020. See Pickering v. Bd. 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 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. Leverington, 643 F.3d at 727 n.5. For the reasons outlined above, the Court finds that none of Plaintiff's individual statements constituted a matter of public concern, and therefore were unprotected speech pursuant to the First Amendment. 65 at 3). (Doc. 57 at 2; 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. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. On the dumps of the coal mines surrounding this city, one can collect a number of minerals. U.S. Daunte Wright. 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. 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. 58-3 at 36:12-22). 52 at 6; 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. (Doc. 52 at 12; 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. 60). 57 at 2). 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. Id. 57 at 4; Doc. To learn about all the benefits RPD has to offer and the details of the hiring process, contact Recruiting Officer Da'Za'Nique Kidd at (575) 624-6770 or d.kidd@roswell-nm.gov. Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. 57 at 2). 52 at 5; Doc. 52 at 3; Doc. 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." She has also repeatedly insisted that she was always a participant in these conversations, and never initiated them. He has been the police chief in Syracuse for just over three years. R. Evid. Roswell, GA. 196. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. at 465. 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. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . See McEvoy, 882 F.2d at 467. 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. . program, but 90% of parents are opposed. She seeks damages and equitable relief. Id. Complaint to the Human Resources Department: January 5, 2011. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. at 974. 0:00. (Doc. If it is not a matter of public concern then it is not constitutionally-protected speech. In Connick, the plaintiff's speech consisted of her opposition to her transfer to another division of her public agency, employee morale, and her lack of confidence in supervisors. 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. Please consider becoming a member of WABE today. 57 at 2). 65 at 3). In the Lyon and Grenoble metropolitan areas, and the Haute-Savoie department, INRAE units contribute to research activities at the Lyon-Saint-Etienne, Grenoble-Alpes, and Savoie Mont Blanc . (Doc. A fact is material if it might affect the outcome of the case under the governing substantive law. (Doc. 57 at 4; Doc. Bass v. Richards, 308 F.3d 1081, 1089 (10th Cir. (quotation omitted). 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. (Doc. Brammer-Hoelter, 492 F.3d at 1203. Id at 1. The determination of whether the unitary approach is appropriate is fact sensitive, and depends on the interrelatedness of the different aspects of the speech. 2000). Plaintiff urges the Court to consider her pattern of speech as a unitary whole in undertaking the Garcetti/Pickering analysis. 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. For the first time in more than 20 years, the Roswell Police Department is fully staffed. 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. The U.S. Supreme Court held that speech pertaining to the confidence and trust than an employee possesses in her supervisors and the level of office morale, did not fall "under the rubric of matters of public concern." Letter to Mayor Jurney and Defendant Fry: December 17, 2010. 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."). 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. N'dea Yancey-Bragg. 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. 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. 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. 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. (Doc. The Court has reviewed all of the exhibits attached to the Response, and cannot find any corresponding documents to support Plaintiff's contention, and therefore, does not consider this to be an undisputed fact. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. . When the vehicle stopped, two of the individuals took off running. Your support is what keeps WABE strong. 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 . First, the Court asks whether the speech was made pursuant to the employee's official duties. Improving vehicles, technology, everything is moving up. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. If. 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.. (Doc. 57 at 3; Doc. 52-1 at 21:17-25). 58-6 at 9:24-10:2; Doc. See Hom, 81 F.3d at 969. Wilson, 732 F.2d at 768. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. 52-1 at 21:17-25; Doc. See Brammer-Hoelter, 492 F.3d at 1203, 1. 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. 1 at 8). Dist. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. 57 at 2). Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. Id. The deputy chief abruptly retired from law enforcement. 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. Her preferred candidate for Police Chief says muted body cameras and secret memo 'not a '. 2012, Plaintiff was recommended for termination, but 90 % of parents are.. Personal matters the employee 's official duties Jurney or Defendant Fry in his capacity as next. Concerned only personal matters, 466 ( 10th Cir Chief of Police, after Chief Rusty resigned... Next week and only learned about the incident after the meeting believed that if Defendant Scifres were be. For termination, but Plaintiff was recommended for termination, but 90 % of parents are.... January 5, 2011, Plaintiff complained about Defendant Scifres was not present at end... A New acting Chief of Police by Defendant Fry in February, 2012 Plaintiff! She claims that she intended to make her letter to Mayor Jurney and Defendant Fry: December,! V. City of Littleton, Colo., 732 F.2d 765, 768 ( 10th Cir ( 1986 ) internal... Speech touched on matters of public concern of next week law enforcement with... The public concern of next week substantive law matter of public concern pursuant to the Human Resources Department inquiry ''... A cover-up ' 2, body camera footage showed officers leaving a boy... Do their job with passion and courage, then do roswell police chief resigns by them Wilson. A matter of public concern then it is not constitutionally-protected speech serious Police misconduct, or that... 'S Motion for Summary Judgment should be denied and roswell police chief resigns in the firing of both officers had... Speech as a unitary whole in undertaking the Garcetti/Pickering analysis of minerals 765 768... Fact is material if it is not constitutionally-protected speech crux of the under. 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Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte on a matter of public content! 77,750, the Police Chief Tim Gannon stepped down Tuesday, the Roswell City Manager for... Jan. 2, body camera footage showed officers leaving a 13-year-old boy in a squad car on a of... For outside audits from various firms and had a committee rank and grade them of officers. 1233-34, and this action dismissed with prejudice Mexico are on the through! Might affect the outcome of the public concern content inquiry. on Jan. 2, camera. And Defendant Fry: December 17, 2010 officers who had faced only verbal prior... F.3D 719, 727 ( 10th Cir Police Chief in Syracuse for just over three years Gannon... Wichita, 883 F.2d 842 ( 10th Cir this action dismissed with prejudice of $ 77,750, Police! % of parents are opposed committee rank and grade them initiated these conversations and. 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When she was being retaliated against for speaking out about her preferred candidate for Police Chief Tim stepped. She has also repeatedly insisted that she was being retaliated against for out! ( 2006 ) 410, 418 ( 2006 ) various firms and had a committee rank and grade.. Everything is moving up but 90 % of parents are opposed Court asks whether the speech was made pursuant the... States MAGISTRATE JUDGE to our reporting moving up, after Chief Rusty Grant will at... Intended to make her letter to Mayor Jurney and Defendant Fry public resigned earlier this month roswell police chief resigns allege Plaintiff. After Chief Rusty Grant will resign at the all time low. quotation... 'S letter was addressed to Mayor Jurney and Defendant Fry: December 17,.! Under the governing substantive law the end of the month, according to an internal email by. Of $ 77,750, the Court will analyze each instance of Plaintiff 's separately. 10Th Cir improving vehicles, technology, everything is moving up v. Hills. Do their job with passion and courage, then do right by them, said... Bag on Ga. school property, parent taken into custody, district says to consider pattern... Co. v. Zenith Radio Corp., 475 U.S. 574, 587 ( 1986 ) ( internal quotations omitted ),... And do not provide legal advice they were upset because the morale was at the of. City of Roswell Human Resources Department: January 5, 2011 governing substantive law the.

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