She has also repeatedly insisted that she was always a participant in these conversations, and never initiated them. (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." The Roswell Police Department has a new acting chief of police, after Chief Rusty Grant resigned earlier this month. Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. (Doc. 57 at 2). One of the things that was very clear from my perspective was, as a resident, somebody needs to protect the police, Wilson. It is true that political expression has long been afforded the broadest protection by the First Amendment. (Doc. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . Brammer-Hoelter, 492 F.3d at 1205 (quotation omitted). She was able to specifically identify several officers that she spoke with, but was not able to recall any specific dates that these conversations occurred. The morale is down." Plaintiff claims that the officers who wrote the letters feared retaliation, and either did not want to write any more letters or refused to identify themselves in their letters. Id. She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. 31). R. CIV. In a proposal from Washington, D.C.-based CPSM to Roswell dated Aug. 6, the consulting firm writes, We understand that the police department is currently suffering from a series of incidents which have raised questions about the professionalism and culture of the agency.. The Roswell Police Department consists of the best men and women, sworn and civilian, in the business. 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. The Court views all of the evidence in the record in the light most favorable to Plaintiff. First, the Court asks whether the speech was made pursuant to the employee's official duties. 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." That was a problem. (Doc. Id. (Doc. If so, then the speech is not protected because the restriction properly "reflects the exercise of employer control over what the employer itself has commissioned or created." In Hom, the plaintiff claimed that he was fired from the Utah Department of Public Safety for filing grievances against his supervisors for failing to honor his employment contract and compensate him fully for his work. 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. This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. 57 at 2). 60-9 at 1). 2. Connick, 461 U.S. at 163 (quotation omitted). We have a stellar leadership group in our public safety department, Hills said. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. 65 at 4). She could only generally recall the substance of the conversations. If it is not a matter of public concern then it is not constitutionally-protected speech. 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. 52-1 at 3-5). 2002). (Doc. at 1203. (Doc. She listed the date of the alleged offending incident as December 14, 2010. 58-3 at 24:19-21). 57 at 4; Doc. The move comes after alleged sex videos surfaced of the chief while he was. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." (Doc. at 2, 3. Id. Plaintiff has not even provided the Court with a copy of the article to review. 57 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. 52 at 3; 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. 57 at 2). 57 at 4; Doc. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. Id. 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. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images at 465. Plaintiff testified during her deposition that the Roswell Police Department officers brought up the Department's low morale on a daily basis, usually in the briefing area of the Department. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. Lighton v. Univ. 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. 1988) (internal quotations and alterations omitted). Defendants also maintain that Plaintiff has not set forth enough facts to show that any adverse employment decision made was for a reason other than her commission of a battery against a household member. 58-3 at 15:1-5; Doc. The content of challenged speech is the "crux of the public concern content inquiry." With a baby now in the family, better pay was a big selling point for Roswell but not the only one. McEvoy, 882 F.2d at 465. 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. 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. He is almost 60 years old. 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. Id. P. 56(c). (Doc. 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. 52 at 14). Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. R. CIV. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). See Brammer-Hoelter, 492 F.3d at 1203. 52 at 6; Doc. 52 at 5; Doc. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. 2005). 60-9 at 1). (Doc. 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. Therefore, the Court does not consider them. 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. Conversations with Fellow Officers and Other City Employees. No. 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. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. 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. Sch. (Doc. See Hom, 81 F.3d at 969. Your support is what keeps WABE strong. This page is monitored monitored 24/7 and should not be used for reporting emergencies. program, but 90% of parents are opposed. Leverington v. City of Colo. Springs, 643 F.3d 719, 727 (10th Cir. 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 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. 52-1 at 16-20). (Doc. Toggle navigation Id. 65 at 3). 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. The city council will be asked to approve the choice of Cole for the job. at 2. 52-1 at 41:16-42:4; Doc. 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. Id. You want to go somewhere where you dont have limitations.. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. 57 at 2). 1989)). 57 at 2, 4). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Funding for the audit will come from the police departments budget for the 2019 fiscal year. (Doc. The Tenth Circuit further noted that, while "public officials should be receptive to constructive criticism offered by their employees, the First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs." 60). The official announcement simply called it a retirement, but. Police Chief Tim Gannon and Officer Kim Potter both resigned from their positions in the Minnesota city of Brooklyn Center after two consecutive nights of rioting and looting in response to the . Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). Roswell Police Chief Rusty Grant said he launched an investigation and placed the officers on administrative leave once he became aware of the incident that occurred just over three months. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." Lancaster v. Indep. (Doc. 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. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? 2010). 52-5 at 7:14-19; Doc. (quotation omitted). The police department of Kenly, North Carolina has quit in protest at the town's newly hired "progressively responsible" town manager -- who the police chief said created a "hostile work environment." 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." (Doc. Id. FED. at 13-14. (Doc. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. The nonmovant must go beyond the allegations and denials of his pleadings and provide admissible evidence, which the Court views in the light most favorable to her. THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. On or around January 5, 2011, Plaintiff complained about Defendant Scifres to the City of Roswell Human Resources Department. 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 . 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. 65 at 3). Id. (Doc. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. 52 at 5; Doc. 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. McEvoy, 882 F.2d at 467.
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