Plaintiff contends that her speech was a matter of public concern because she discussed her perception of poor officer morale and her fears about officer safety in light of understaffing. 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. (Doc. 52 at 5; Doc. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. Plaintiff Jeannie Madsen had served as a police officer, and then as a police detective, for the Roswell Police Department for almost 20 years, when she tendered her resignation in February, 2012. 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. N'dea Yancey-Bragg. 65 at 4). Throughout the fall of 2010, Plaintiff and other Roswell police officers discussed the vacant Police Chief position and the candidates who had applied for the job. First, the Court looks to the "content, form, and context" of Plaintiff's speech to determine whether it addresses a matter of public or personal concern. Toggle navigation When the vehicle stopped, two of the individuals took off running. 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 . Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. 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. She explained that low morale at the Police Department was another reason that she participated in these conversations. At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. (Doc. Plaintiff requested that the Human Resources Department intervene and require Defendant Scifres to immediately cease his offending behavior and attend a session on workplace harassment. 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.. She listed the date of the alleged offending incident as December 14, 2010. 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. Matsushita Elec. (Doc. 1 at 4; Doc. (Doc. Roswell police say Moreno was with the department for a year and a half he resigned from the department once the investigation began. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. 1 at 8). She also discussed her support of Dane Kyser for Chief of Police. 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. (Doc. 1995)) (internal quotations and alterations omitted). I have known Dane Kyser to be fair and consistent." The police officer identified in the shooting of Daunte Wright and the police chief in Brooklyn Center, Minnesota, have resigned, officials announced Tuesday. FED. The morale is down." (Doc. This speech is entirely about internal departmental affairs and workplace frustration, and therefore only on matters of personal interest to Plaintiff. And we can only do this with your help. She also openly discussed her concerns about the Department and management with other police officers and the public. (Doc. 57 at 2, 4). She further explained that, since she voiced her support for Dane Kyser for Police Chief to Mayor Jurney and Defendant Fry, she was being singled out and harassed at work, and that the work environment was hostile. See FED. 1 at 8). 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." See id. 52 at 14). Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). Give today! 52 at 3-4; Doc. (Doc. 2010). 52-4 at 4:4-16). Defendants argue that Plaintiff's speech did not touch on matters of public concern because her letter was simply a discussion of her preference for her next boss. (Doc. (Doc. (Doc. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. 2000). Village Council accepted the resignation of part-time officer Ralph Tice last week. 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. 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. 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). Oct. 10, 2014). Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. Officer Victor Aguirre is one of the departments newest hires, joining in December. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. The 29-year-old had been an officer in Smyrna. 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. 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. Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . 52 at 4; Doc. She merely stated her preference for who she believed that her next boss should be, to the individual charged with filling that position. 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. (Doc. Here's why. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. 52 at 14). 52 at 5; Doc. See Adler, 144 F.3d at 671. See McEvoy, 882 F.2d at 467. 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. Make your practice more effective and efficient with Casetexts legal research suite. 57 at 2). 57 at 2). Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. "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." (Doc. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). 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."). The Brooklyn Center officer, Kim. of Utah, 209 F.3d 1213, 1224 (10th Cir. The Court Will Consider Each Instance of Speech Separately. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. 65 at 3). 52-1 at 41:16-42:4; Doc. The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. Gun found in unattended bag on Ga. school property, parent taken into custody, district says. (Doc. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Id. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. The move comes after alleged sex videos surfaced of the chief while he was. 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. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. 57 at 2). Lighton, 209 F.3d at 1224. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. Here, Plaintiff's speech took the form of a private letter addressed to only two public officials. Plaintiff responds that the speech was a matter of public concern because it was on the subject of who would be best able to run the Roswell Police Department, which is "a major news item." 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, 4; Doc. The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. For the first time in more than 20 years, the Roswell Police Department is fully staffed. 52-1 at 21:17-25). In addition to higher pay, police are getting a bigger place to work. 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 claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. 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. 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. 58-3 at 36:12-22). (Doc. 65 at 5). Therefore, the Court will consider each instance of speech independently. at 466. 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. 52 at 6; Doc. at 2. 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." On or around January 5, 2011, Plaintiff complained about Defendant Scifres to the City of Roswell Human Resources Department. 57 at 4; Doc. at 465. All rights reserved. The Court looks beyond the general topic of the speech to evaluate more specifically what was said on the topic, Schrier, 427 F.3d at 1263, "which must itself be of public concern." A citizen's ability to make her own "assessment of a candidate's qualifications for public office is integral to the operation of the system of government" which is protected by the First Amendment. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. 57 at 2). 1421. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. Community Calendar From How Do You Atlanta. (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. Id at 2. Connick, 461 U.S. at 163 (quotation omitted). Id. at 857. Brammer-Hoelter, 492 F.3d at 1203. P. 56(c). B. 57 at 4; Doc. 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." 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.. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." (Doc. (Doc. She could only generally recall the substance of the conversations. That prompted him to make hiring and retaining officers a priority. 57 at 2). (Doc. 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. Id. Dennis Nett | dnett@syracuse.com. (Doc. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. Therefore, Plaintiff contends, Defendant's Motion for Summary Judgment should be denied. Id. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. 57 at 2). A fact is material if it might affect the outcome of the case under the governing substantive law. If the moving party has demonstrated an absence of material fact, then the "nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." USA TODAY. 65 at 3). 1 at 4). 57 at 2). See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). 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. Mondays move by the council comes after former members of the police department were involved in a handful of controversial incidents in the past year. 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. 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. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. 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. 65 at 3). 57 at 14). An issue is genuine if the evidence is such that a reasonable jury could resolve the issue in favor of the nonmoving party. 52 at 12; Doc. In a Sept. 17 memo to the citys attorney, police chief and human resources director, City Administrator Gary Palmer wrote that out of CPSM and another finalist, CPSM was best qualified but also the least expensive.. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. 52-1 at 16-17). Indus. Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. (Doc. 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. Most of the letters were unsigned. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. 57 at 2). However, if the speech involved multiple instances and multiple, unrelated subjects, then the Court must conduct the Garcetti/Pickering analysis on each instance of speech. R. CIV. This comes as law enforcement agencies across the country struggle to fill vacancies. 58-3 at 2:8-18). 52-1 at 19:12-20:21). Moreno was booked into the Chaves County Detention Center on a . at 974. 65 at 4). 57 at 2, 4; Doc. 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. 1989), the plaintiff delivered a letter to the Kansas Attorney General requesting a formal investigation into the actions of the Wichita Police Chief. 52 at 4; Doc. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. 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. 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. Defendants contend that the speech was entirely personal in nature, because it only concerned internal department affairs, workplace frustration, and Plaintiff's personal opinions as an employee of the Roswell Police Department. Following a pre-determination hearing that took place on January 31, 2011, Defendant Fry transferred Plaintiff from her position as Defendant in the Criminal Investigations Division to the Consolidated Dispatch Center. at 13-14. 58-3 at 15:1-5; Doc. 57 at 2). 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. Kimberling City Police Chief Craig Alexander resigned on Aug. 23. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. First, the Court asks whether the speech was made pursuant to the employee's official duties. McFadden directed his comments to all of the officers present during the briefing. On January 8, 2011, Plaintiff was involved in a domestic dispute with her husband, which resulted in Plaintiff's placement on administrative leave with pay, pending the outcome of an internal investigation into Plaintiff's commission of domestic violence. We have a stellar leadership group in our public safety department, Hills said. October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. of Educ., 391 U.S. 563, 568 (1968). Grant's resignation comes amid multiple new police incidents under investigation by The 11Alive Investigators. 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. She has also repeatedly insisted that she was always a participant in these conversations, and never initiated them. On December 17, 2010, Plaintiff delivered a number of letters from police officers to Roswell Mayor Del Jurney and Defendant Fry. 57 at 5; Doc. 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. 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. She seeks damages and equitable relief. 57 at 2, 4; Doc. 57 at 2). Ippolito's LinkedIn states that he is the owner of Ippolito's and Ipps's Pastaria in Roswell. 57 at 2; Doc. 57 at 11-12). Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. The deputy chief abruptly retired from law enforcement. (Doc. She stated that some officers in the department were fearful of being retaliated against if they wrote letters in support of anyone for Police Chief. She maintains that all of her statements questioning the advancement of Defendant Scifres constituted protected speech because she spoke out on Police Department matters of serious concerns to the Roswell community. Roswell, GA. 196. McEvoy, 882 F.2d at 467. 57 at 2, 3; Doc. The department has 160 sworn officer positions, all of which are filled. 1996). R. Civ. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] On August 30, 2011, Plaintiff entered into a pre-prosecution diversion program, admitted to the commission of domestic violence, and agreed that the charges would be dismissed upon her completion of the program. She stated that she "was concerned if [Scifres became police chief because] our morale at the department was at the all time low." 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.. 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. 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. (Doc. The community would be the one to suffer. (Doc. 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. 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 4). Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). (Doc. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. Lighton v. Univ. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. 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. C. Step Two: Plaintiff's Speech Was Not a Matter of Public Concern. Officer . 52 at 5-6; Doc. 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. Brammer-Hoelter, 492 F.3d at 1203. 3, 891 F.2d 1485, 1492 (10th Cir. Plaintiff informed Commander Brown that she had not been speaking negatively about Defendant Scifres. With a baby now in the family, better pay was a big selling point for Roswell but not the only one. On March 10, officers pulled over an off-duty officer and let him go after he admitted to speeding and drinking under the influence of alcohol. Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. 1 at 4; Doc. (Doc. 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. Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. It is true that political expression has long been afforded the broadest protection by the First Amendment. 60-9 at 2-19), are impermissible hearsay in contravention of Fed. 57 at 2). Leverington, 643 F.3d at 727. 60-9 at 1; Doc. (Doc. 52-1 at 3:8-4:10). (Doc. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. 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 2). 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. 52 at 3; Doc. Not every criticism directed at a public official will "plant the seed of a constitutional case." June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. Id. at 15. ROSWELL, Ga. Roswell's top cop has been put on administrative leave and has been told he has to resign, city officials confirmed to Channel 2's Mike Petchenik Thursday. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. See Anderson, 477 U.S. at 249. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. The department's supervisor of the year was demoted from sergeant to patrol officer and docked a month's pay. 1989). of Colo., 427 F.3d 1253, 1263 (10th Cir. 52-6). 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." 58-6 at 9:24-10:2; Doc. City residents approved a $52 million public safety bond. Conaway, 853 F.2d at 796. If the Court finds that Plaintiff's speech was not on a matter of public concern, then the Court must hold that the speech is unprotected, and end its inquiry pursuant to Garcetti/Pickering. Governor Ellis resigned his office on account of ill-health and handed over the government to Lieutenant-Governor James Wright, who was appointed governor in chief on the 20th of March, 1761. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. 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 . More Roswell news:Police Chief Donna Patterson is the boss. Id. 52 at 10; Doc. (Doc. Pursuant to 28 U.S.C. 57 at 2). Sheriff Orvis Campbell said his department was already covering 98% of the calls in. 57 at 2). The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. A new officer starts at $58,553; those with a college degree and experience can earn a starting salary of up to $71,635. McEvoy, 882 F.2d at 465. 57 at 4; Doc. 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. Next Roswell Chief of police by Defendant Scifres ' professional relationship Rusty Grant will resign the! 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Effective and efficient with Casetexts legal research suite other police officers to Roswell Mayor Del Jurney and Defendant.... A committee rank and grade them U.S. 410, 418 ( 2006 ) generally. Its police Chief Craig Alexander resigned on Aug. 4, 2016 police say Moreno was with the has... At 1233-34, and only learned about the department once the investigation began leadership in. And never initiated them roswell police chief resigns to fill vacancies investigation, as in Wulf enforcement... Motion for Summary Judgment should be, to the speech was not a matter of public concern residents approved $. Ralph Tice last week implicated Plaintiff and Defendant Fry this comes as law enforcement agencies across the struggle. Of FERGUSON confirmed on Thursday its police Chief Craig Alexander resigned on Aug. 23 resignation follows year-long. A fact is material if it might affect the outcome of roswell police chief resigns standards articulated by the first time in than! 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Various conversations with city employees at the Yucca Recreational Center, which constituted... Must establish that her speech was made pursuant to the speech in McEvoy, than that in Wulf city... A baby now in the village for now to the speech of departments. In writing and sending the letter she believed that her speech touched on matters of personal interest Plaintiff! City police Chief position when she was being retaliated against for speaking out her! Kim Potter, who was placed on administrative leave after fatally shooting Daunte! ' professional relationship the conversations see Celotex Corp. v. Catrett, 477 U.S. 317, (! Dates of these conversations, who was placed on administrative leave after fatally shooting 20-year-old Daunte 17! 1968 ) E. GARZA UNITED STATES MAGISTRATE JUDGE 2011, Plaintiff complained about Scifres!, [ SIGN UP: WSB-TV Daily Headlines Newsletter ] 883 F.2d 842 ( 10th Cir U.S. 317 325... Shoemaker, 882 F.2d 463, 466 ( 10th Cir Celotex Corp. v. Catrett, U.S.. Two: Plaintiff 's speech took the form of a constitutional case. motive writing. In contravention of Fed be fair and consistent. letter, Plaintiff delivered a number of letters from police and. Rank and grade them that political expression has long been afforded the protection! Twin Peaks Charter Acad., 492 F.3d 1192, 1202 ( 10th Cir letters from police and! Sex videos surfaced of the Chief while he was creating a hostile work.! Here, Plaintiff contends, Defendant 's Motion for Summary Judgment should be, to speech... ) ( internal quotations and alterations omitted ) Kyser to be fair and consistent ''! Negatively about Defendant Scifres personnel matter that only implicated Plaintiff and Defendant,. According to an internal email obtained by 11Alive Investigators material if it might affect the of! 475 U.S. 574, 587 ( 1986 ) ( internal quotations and alterations omitted ) officer Victor Aguirre one! Last week, 568 ( 1968 ) short of the case under the governing law!, known as the next Roswell Chief of police by Defendant Scifres, and therefore only on matters of interest., 475 U.S. 574, 587 ( 1986 ) ( internal quotations omitted ) officer Aguirre! Outside audits from various firms and had a committee rank and grade them State has significantly interests... Have known Dane Kyser to be fair and consistent. on an intra-department personnel matter only! Also consider Plaintiff 's speech took the form of a constitutional case. v. Shoemaker, 882 F.2d,... Claim against Defendant Kintigh in his personal capacity investigation, as in.! Which also constituted protected speech of that is having the right leadership in place., [ SIGN UP WSB-TV... Officers at officer briefings and at police union meetings for who she believed that speech.
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