57 at 2). 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. 57 at 2, 4; Doc. She went off-duty in February. Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. 1989). 57 at 6; Doc. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. Id. We brought that pay up so that our officers who were here continued to stay and serve our community, he said. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." "To judge whether particular speech relates merely to internal workplace issues, courts must conduct a case by case inquiry . Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. The department has 160 sworn officer positions, all of which are filled. 65 at 3). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. 57 at 4). 57 at 2). 2002). 58-3 at 24:19-21). The Roswell Police Department consists of the best men and women, sworn and civilian, in the business. Officers would not respond to their calls. 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.. 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. Id. 58-6 at 9:24-10:2; Doc. (Doc. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. According to the press release . He has been the police chief in Syracuse for just over three years. Conversations with Fellow Officers and Other City Employees. 65). An entire Missouri police. (Doc. Fortunately, she was not hurt. 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. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. 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. of Colo., 427 F.3d 1253, 1263 (10th Cir. 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. (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. The speech merely consisted of one public employee's interpersonal conflict with another. 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. 57 at 2, 4; Doc. (quotation omitted). On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. She believed that if Defendant Scifres were to be hired as Chief of Police, more officers would quit and the community would suffer. 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. 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. 65 at 3). . Thus, the Court finds that, given the content, form, and context of Plaintiff's speech, along with her stated motivation in making the speech, these conversations did not touch on matters of public concern, and were unprotected speech. The court shall grant summary judgment only if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." (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. 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. (Doc. 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. 1 at 9-10). He is almost 60 years old. Defendants contend that they are entitled to judgment as a matter of law because Plaintiff has failed to demonstrate that any of her speech is a kind that was protected by the First Amendment. The chief wrote in his email to staff this morning, my decision was based on career opportunities.. (Doc. 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. Id. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. 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. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. Lancaster v. Indep. Id. 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. 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. 57 at 2). (Doc. 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.. Id. 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. 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). (internal quotation omitted). 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. The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. The City Council voted unanimously this week to approve a contract between the city and the Center for Public Safety Management LLC to conduct a comprehensive assessment of the Roswell Police Department. IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. 52-1 at 16-20). Brooklyn Center Police Chief Tim Gannon stepped down Tuesday, the city's mayor announced. 1989)). 57 at 11-12). Make your practice more effective and efficient with Casetexts legal research suite. Id. 52 at 14). However, if the speech is a matter of public concern, the Court should proceed to step three and decide whether the employee's interest in commenting on the issue outweighs those of the state as the employer. The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. 52 at 6; Doc. Police commanders initially wrote they had no problem with the dogs training or behavior. 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." (Doc. . For starters, he said, officers needed more money. Most of the letters were unsigned. at 972. 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 . 57 at 2). ROSWELL The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. 1 at 8). It is true that political expression has long been afforded the broadest protection by the First Amendment. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. (Doc. R. CIV. Chad Cole, assistant superintendent for finance and operations at Roswell Independent School District, has been named by Roswell Mayor Timothy Jennings as his choice as the new city manager. WABEs mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity. (Doc. Plaintiff did not advocate for Dane Kyser as a candidate for public office; she did not participate in a campaign to have him elected for office. Id. In McEvoy v. Shoemaker, the plaintiff submitted a letter to the City Council complaining about office politics, favoritism, training, transfers, and personnel relationships within the police department. 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. . She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. (Doc. See Anderson, 477 U.S. at 249. (Doc. 52-1 at 37:12-22). Plaintiff has not even provided the Court with a copy of the article to review. Id. Dennis Nett | dnett@syracuse.com. 4. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Plaintiff responds that her speech concerned government policies that are of interest to the public at large. The Brooklyn Center officer, Kim. Id. 52 at 6; Doc. Toggle navigation And is not protected, and not the electorate, was charged with choosing the next Chief. Chiefs resignation follows a year-long investigation of the Police Chief 1998 ) ( quoting Moore v. of! 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