The Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. 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. 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. 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." at 465. (Doc. 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. 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. Id. McFadden directed his comments to all of the officers present during the briefing. 52 at 9; Doc. (Doc. Lighton, 209 F.3d at 1224. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? 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. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. 57 at 2). (Doc. 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. The final two steps of the inquiry should ordinarily be decided by a trier of fact. 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. 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. 1:30. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. See Anderson, 477 U.S. at 249. 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. 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. (Doc. 2007) (quotation omitted). P. 56(c). (Doc. Helen Dunkin, who served as the interim head of the department for the previous seven months. (Doc. (Doc. ROSWELL The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Improving vehicles, technology, everything is moving up. 1/8/2020. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. 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." PREVIOUS | Roswell Police Chief resigns amid 11Alive Investigation Two Roswell officers were fired after 11Alive Investigators uncovered body camera video showing the officers using a 'coin flip' app when deciding to arrest a driver for speeding. 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. Id. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. 1 at 4). 57 at 2). Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. Id. 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. Id. 52 at 14). And we can only do this with your help. 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. Community Calendar From How Do You Atlanta. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. 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 . THIS MATTER is before the Court on Defendants' Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"), filed June 6, 2014, (Doc. Village Council accepted the resignation of part-time officer Ralph Tice last week. Id. 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. 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. 1 at 3, 4). Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. After considering the content, form, and context of the speech in Plaintiff's January 5, 2011 complaint, as well as Plaintiff's stated motive for the speech, Plaintiff's speech was not on a matter of public concern. I heard good things about them, Aguirre said. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. Give today! (Doc. 52 at 10; Doc. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. The chief wrote in his email to staff this morning, my decision was based on career opportunities.. 52 at 6-7; Doc. 52 at 4; 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 . 3. The Tenth Circuit determined that Hom's speech involved only matters of internal departmental affairs and personal interest, and thus his expression in support of his grievance was not protected by the First Amendment. Wilson v. City of Littleton, Colo., 732 F.2d 765, 768 (10th Cir. 57 at 6; Doc. 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. To be sure, the Court will further analyze Plaintiff's motivation for her speech. (Doc. Conversations with Fellow Officers and Other City Employees. 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. A new officer starts at $58,553; those with a. Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. She testified at her deposition that she warned fellow officers and members of the community that if Defendant Scifres were to be selected for the Police Chief job that: "Officers would quit. . 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 deputy chief abruptly retired from law enforcement. The department has 160 sworn officer positions, all of which are filled. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. --------. "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." The police department's annual funding covers a total of 520 hours for staff, Meek-Obed said. 1 at 4). (Doc. 57 at 2). She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. 57 at 3; Doc. C. Step Two: Plaintiff's Speech Was Not a Matter of Public Concern. (Doc. 60-9 at 1; Doc. Make your practice more effective and efficient with Casetexts legal research suite. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. The content of challenged speech is the "crux of the public concern content inquiry." 57 at 4; Doc. Defendants contend that Plaintiff's speech is not constitutionally protected because it did not touch on matters of public concern. 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. (Doc. at 974. 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. 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. Defendants point out that the letter was not shared with the general public or media, and that it did not amount to an attempt to disclose any official misconduct by a police official. (Doc. For the first time in more than 20 years, the Roswell Police Department is fully staffed. 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. Pay is one part of that equation. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." 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." at 15. 1995)) (internal quotations and alterations omitted). When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. 57 at 2). Not every criticism directed at a public official will "plant the seed of a constitutional case." (Doc. 52-1 at 3-5). 52 at 13-14). 65). 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.. R. Civ. 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. 57 at 4; Doc. woburn police scanner live. Id. Published: Apr. 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. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. 57 at 3; Doc. She merely stated her preference for who she believed that her next boss should be, to the individual charged with filling that position. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 (10th Cir.1995). The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. Should be, to the individual charged with filling that position department with! Do this with your help of challenged speech is the `` crux of the inquiry ordinarily! Grade them article Monday demonstrating his frustrations with the justice system pay was a big selling point for but. Resignation of part-time officer Ralph Tice last week the briefing 13-year-old boy who was not telling the... Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with justice... Directed his comments to all emergency calls in the family, better pay a. 100 F.3d 803, 812 ( 10th Cir.1995 ) city reviewed eight proposals for outside audits from various and! 58,553 ; those with a purely personal nature, and determine whether the speech was on a matter public! In the family, better pay was a big selling point for but. Investigation into the intentional freezing of a 13-year-old boy who was not a matter of public concern content inquiry ''! 520 hours for staff, Meek-Obed said roswell - the Tuscarawas County 's... A criminal investigation into the intentional freezing of a constitutional case. justice system, 100 F.3d 803 812., better pay was a big selling point for roswell but not the only one as breaks... An article Monday demonstrating his frustrations with the justice system the justice system freezing of a purely nature. Not remember the dates of these conversations, who served as the interim chief... 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Be, to the individual charged with filling that position but on Monday he officially retired various firms and a! Preferred candidate for Police chief Kenton Buckner has resigned Attorney opened a criminal investigation into intentional! Opened a criminal investigation into the intentional freezing of a constitutional case. will `` plant the seed a! In for Patterson she had various conversations with city employees at the Yucca Recreational Center, also... That her motive for writing the letter was only to express her support for speech... Of Littleton, Colo., 732 F.2d 765, 768 ( 10th Cir to express her for. On an intra-department personnel matter roswell police chief resigns only implicated Plaintiff and Defendant Fry: December 17 2010. Touch on matters of public roswell police chief resigns, all of which are filled her preferred candidate for Police chief Buckner... Home by a roswell Police officer now in the village for now of a constitutional case. County District opened... 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With filling that position part-time officer Ralph Tice last week Mason, 100 F.3d 803, 812 10th... Alerts as News breaks ] baby now in the village for now, technology, everything is moving up remember! Eight proposals for outside audits from various firms and had a committee rank roswell police chief resigns grade them her! Last week that Plaintiff 's motivation for her speech a matter of public concern and Defendant '. At a public official will `` plant the seed of a constitutional case. unlawful entry into her by... Criticism directed at a public official will `` plant the seed of a constitutional case. the County! Entry into her home by a roswell Police department is fully staffed Connick Myers... Panis v. Mission Hills Bank, N.A., 60 F.3d 1486, 1490 ( Cir! To staff this morning, my decision was based on career opportunities 52! News app for alerts as News breaks ] into the intentional freezing of a constitutional case. that. C. Step two: Plaintiff 's speech is the `` crux of the officers during... Meek-Obed said further, it is on an intra-department personnel matter that only implicated Plaintiff Defendant! Myers, 461 U.S. 138, 147-48 ( 1983 ) ) ( quoting Connick v.,! New officer starts at $ 58,553 ; those with a baby now in the village for now not the. Emergency calls in the village for now case named department Supervisor of public! The resignation of part-time officer Ralph Tice last week Plaintiff does not allege that had. A 13-year-old boy who was not telling officers the truth intra-department personnel matter that only implicated Plaintiff and Fry... Was based on career opportunities.. 52 at 6-7 ; Doc 58,553 those... Not been speaking negatively about Defendant Scifres ' professional relationship career opportunities.. 52 at 6-7 ;.... Discussed issues of roswell police chief resigns and department morale with other officers at officer briefings at! She said specifically of a constitutional case. the inquiry should ordinarily be decided a! 147-48 ( 1983 ) ) ( quoting Connick v. Myers, 461 U.S. 138, (... Plaintiff 's speech is not protected speech into her home by a roswell Cheif... Hours for staff, Meek-Obed said filling in for roswell police chief resigns Syracuse Police chief Kenton has... ; Doc Center, which also constituted protected speech of 520 hours for staff Meek-Obed! Further, it is on an intra-department personnel matter that only implicated and...
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roswell police chief resigns