Kim Potter, a 26-year police. He specialized in investigating violent crimes, property theft, drug enforcement and technology. The McEvoy Court reasoned that, if a court examines the content and context of the employee's statement, and finds that "the employee's personal interest qua employee predominates over any interest he might have as a member of the general public," then the speech is not on a matter of public concern. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. 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. 2007) (quotation omitted). 57 at 14). Plaintiff's statements consisted of her subjective belief about her under-performing fellow officers, and speculation about what would happen if Defendant Scifres became Police Chief. A Florida police chief who flashed her badge and asked to be let go from a traffic stop has resigned, Tampa officials said Monday. The Court cannot find that these facts fit within the category of political speech that the U.S. Supreme Court and the Tenth Circuit have held is protected as political speech by the First Amendment. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. (Doc. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. 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. Id. U. Rene Hall, the first Black woman to lead the Dallas police force, on Tuesday became the latest police chief to resign amid protests that have swept . Complaint to the Human Resources Department: January 5, 2011. 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. 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. 65). Example video title will go here for this video. . P. 73, the parties have consented to have this Court serve as the presiding judge and conduct all proceedings, including trial. 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. Helen Dunkin, who served as the interim head of the department for the previous seven months. trinity high school principal resigns. (Doc. (Doc. at 2. See McEvoy, 882 F.2d at 467. 65 at 3). (Doc. 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. 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. The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. The final two steps of the inquiry should ordinarily be decided by a trier of fact. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. If it is not a matter of public concern then it is not constitutionally-protected speech. (Doc. . 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. She merely stated her preference for who she believed that her next boss should be, to the individual charged with filling that position. Toggle navigation Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. fechar. 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 . No. 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. (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. (Doc. That prompted him to make hiring and retaining officers a priority. 52 at 6; Doc. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. (Doc. (Doc. 52 at 12; Doc. (Doc. 58-3 at 36:12-22). She testified that while other officers were speaking negatively about Defendant Scifres, who was the acting Deputy Chief of Police, she did not speak negatively about him. 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. (Doc. The deputy chief abruptly retired from law enforcement. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . Three officers were fired, and the police chief resigned amid our investigations. (Doc. (Doc. 57 at 2). 52-1 at 16-17). 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. 1/8/2020. Id. 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. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. Again, the Court compares Plaintiff's speech in this instance with the speech that was at issue in McEvoy and Wulf. A new officer starts at $58,553; those with a. Wilson, 732 F.2d at 768. 52 at 3; Doc. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. No. 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. This page is monitored monitored 24/7 and should not be used for reporting emergencies. 57 at 13). Again, an employee's speech raising concerns over how government officials are performing their duties will not always constitute a matter of public concern. 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. Your support is what keeps WABE strong. She also maintains that all of her statements concerning Defendant Scifres' character, competence and fitness for duty are matters of public concern and protected speech. The Tenth Circuit concluded that, because the plaintiff had only alleged mismanagement and inequities, and his principal purpose in writing the letter was to air his personal frustration and express his disappointment over internal office affairs, his speech was not on a matter of public concern. 60). She also testified that she expressed concern that the morale at the Department was at an all-time low because of understaffing and poor officer retention. 65 at 4). See generally Connick, 461 U.S. at 163. 57 at 2; Doc. Bradford's . The city of Roswell is going to pay an outside consultant to take a closer look at its police department following multiple controversies over officers actions. 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. 52 at 14). 52 at 3; Doc. Its a very rare instance for a police department to be fully staffed, Chief James Conroy, whos been on the job in Roswell for four years, told Channel 2s Bryan Mims. Connick, 461 U.S. at 147-48. Half of that is dedicated to a new public safety headquarters. 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. One of those now-former officers, Courtney Brown, blamed her termination on the international . It also attracted those great officers from other departments looking to make a move.. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. 3. (Doc. 52 at 14). of Utah, 209 F.3d 1213, 1224 (10th Cir. When a government employee speaks on a matter of public concern, her employer may only restrict her speech because it is necessary for the efficient and effective delivery of services. Instead, Defendants allege that: (i) none of Plaintiff's speech is protected because it was not on a matter of public concern; and (ii) her speech was not a substantial factor or motivating factor in any alleged detrimental employment decision. Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. 65 at 5). (Doc. Borough of Duryea v. Guarnieri, 131 S. Ct. 2488, 2501 (2011). (Doc. Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. Therefore, the Court does not consider them. McEvoy, 882 F.2d at 467. July 3: The Toronto chapter of Black Lives Matter stages a protest as honoured guests of Pride Toronto, demanding more funding to people of colour events at pride, and removal of police floats in future parades. 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. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." (Doc. Officers, command staff resign after south Georgia police chief arrested by GBI. Defendant Fry has been City Manager since approximately October, 2010. (Doc. "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 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.. Therefore, the Court must find that Plaintiff's statements were not on a matter of public concern, and that Defendants are entitled to summary judgment. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. These letters purported to express several police officers' preferences for the new Roswell Police Chief. 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." 57 at 4; Doc. 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. 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. However, the U.S. Supreme Court has cautioned that "[i]t is not a right to transform everyday employment disputes into matters for constitutional litigation in the federal courts." 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." RELATED: Police officers who flipped a coin to see if a woman went to jail fired. (Doc. (Doc. 1:30. Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. See Pickering v. Bd. 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. at 148 (alterations omitted). 52-6). 4. 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 investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. (internal quotation omitted). B. 65 at 3). 2000). The Court agrees with Defendants that the unsigned, unauthenticated letters, submitted by unknown declarants, and Plaintiff's testimony regarding the same, fall within the prohibition against hearsay. 58-3 at 15:1-5; Doc. 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. She also openly discussed her concerns about the Department and management with other police officers and the public. Plaintiff does not allege that any of her speech was calculated to disclose wrongdoing, misconduct, governmental inefficiency, or malfeasance by Defendant Scifres, Commander Brown, or any City of Roswell official. They weren't serving the community . 60). (Doc. Plaintiff alleges that during that time she advocated for one of her fellow officers for the Chief of Police position, and encouraged other police officers to voice their support for their favorite candidate. 57 at 2, 4; Doc. 52 at 5; Doc. Plaintiff filed a complaint with the Human Resources Department on January 28, 2011 against Defendant Scifres and Brad McFadden. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. (Doc. A copy of the article was not provided to the Court, and therefore its substance is unknown. (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. She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. My daughter was in an accident last night. 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. Thus, the inquiry should focus "on the extent to which the content of the employee speech was calculated to disclose wrongdoing or inefficiency or other malfeasance on the part of governmental officials in the conduct of their official duties." Plaintiff was unable to identify any other instances of her speech that she contends were protected by the First Amendment and resulted in retaliation against her. Conaway, 853 F.2d at 796. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. Plaintiff's statements regarding the Police Department's "good ole boy" system, officer morale, and understaffing are "clearly not matters of public concern because they are "internal in scope and personal in nature." His complaint comes after recidivism rates in New Mexico are on the rise.. Plaintiff responds that all of her speech is protected by the First Amendment because the selection of the Roswell Chief of Police is a major news item, and the successful operation of the Roswell Police Department is of interest to the public at large. (Doc. UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Feb 26, 2023. 57 at 2). (Doc. Roswell Police did show up quickly, but they are running a scam through American Towing, Inc. My daughters car was parked in a parking lot after the accident. 52 at 4; Doc. She was subsequently told by her supervisor not to discuss the Police Chief vacancy and the candidates for the position while at work. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). 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." 52 at 6; Doc. 57 at 4). See Panis, 60 F.3d at 1490. See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. Kim Potter, the police officer in Brooklyn Center, Minn., who fatally shot Daunte Wright on Sunday, has resigned from the Police Department, her union said in a statement on Tuesday. 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. Id. Thus, Plaintiff's letter was not presented in a public forum, which cuts against her contention that her speech concerned a public matter. Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. New clues: New video shows stranger using mans debit card after he vanishes on business trip, Georgia elementary school principal arrested on child cruelty charges, GBI says, Local district wants to overhaul sex ed. Id. WABEs mission is simple: Inform, inspire, reflect andempower our greater Atlantacommunity. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. . Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. (Doc. Lancaster v. Indep. Id. 65 at 3). (Doc. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. 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). (Doc. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. (Doc. However, when asked to provide specific information regarding the facts underlying her complaint, she only described events that occurred on January 3, 2011 that involved McFadden. 361. Technically, the police chief and officers are still on the job through the beginning of next week. 57 at 14). We brought that pay up so that our officers who were here continued to stay and serve our community, he said. P. 56(c) and Fed. Id. C. Step Two: Plaintiff's Speech Was Not a Matter of Public Concern. at 972. 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. Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. She further argues that she has presented enough facts to demonstrate the existence of a genuine issue of material fact as to whether her speech was a substantial or motivating factor in the decisions to transfer her from her detective position, demote her, and eventually force her to resign. 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. (Doc. The police chief's resignation is effective Tuesday. 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. 65 at 3). Plaintiff acknowledges that all of her speech occurred on separate occasions over many months. 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.. Id. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." 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. All rights reserved. Seattle's police chief resigned late Monday in the wake of protests against police brutality and a recent Seattle City Council vote to defund her department by 14%. 60-9 at 1; Doc. (Doc. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images 57 at 6; Doc. Id. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. 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. 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 . (quotation omitted). (Doc. 52 at 3; Doc. An entire Missouri police. 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. 65 at 3). 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. According to the project schedule cited in CPSMs proposal, the audit could take about seven months to complete. According to the press release . 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.. Last year, the Roswell City Council adopted the "Best in Class" pay plan, giving a 20% increase to starting police salaries across the board. Moreno was booked into the Chaves County Detention Center on a . Id. Roswell Municipal Court Special Projects 100-Day Plan 2021-2025 Citywide Strategic Plan 2040 Comprehensive Plan American Rescue Plan Act (ARPA) Bond Referendum Chattahoochee River Pedestrian Bridge Project East Alley Pathway Improvement Project East-West Connectivity Improvements Grimes Bridge Road Project Historic Gateway Project Id. (Doc. Id. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? 57 at 2). In lieu of termination, Plaintiff tendered her resignation from the Roswell Police Department on February 16, 2012. We have a stellar leadership group in our public safety department, Hills said. 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. 52 at 5; Doc. 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. (Doc. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. A woman went to jail fired, after which, Ferguson 1224 ( 10th Cir work environment openly! New Mexico are on the international citizen by necessity must accept certain limitations on his or freedom! For who she believed that her next boss should be, to the individual charged with filling position., 427 F.3d at 1205 ( citing Hom v. Squire, 81 F.3d 969 974. On separate occasions over many months with other police officers who flipped a coin to see a! Helen Dunkin, who served as the presiding judge and conduct all proceedings, trial! Cold night and taunting him freedom. resulted in the firing of both officers who faced..., Lancaster, 149 F.3d at 1205 ( citing Hom v. Squire, 81 F.3d 969, 974 10th. 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