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 has not even provided the Court with a copy of the article to review. at 2, 3. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. at 1203. 65 at 3). (Doc. 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. B. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 57 at 2; Doc. In her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. City residents approved a $52 million public safety bond. The Court must consider relevant factors, such as the time frame in which the speech occurred, the audiences to which the speech was directed, the continuity of the speech, and the degree to which the different aspects of the speech created a cumulative impact on the government employer. 52 at 3; Doc. R. CIV. Id. 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. Defendants further argue that Plaintiff has failed to establish sufficient facts to prove that Plaintiff's speech was a substantial or motivating factor in decisions related to her employment with the Roswell Police Department. U.S. Daunte Wright. They weren't serving the community . 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 Court Will Consider Each Instance of Speech Separately. 57 at 2, 3; Doc. 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. CPSM has conducted audits and projects in 41 states. 52 at 10; 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. The school is required to report the. She believed that if Defendant Scifres were to be hired as Chief of Police, more officers would quit and the community would suffer. For the first time in more than 20 years, the Roswell Police Department is fully staffed. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. 65 at 3). 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. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. Speech may involve a public concern when the speaker intends to "'bring to light actual or potential wrongdoing or breach of public trust'" by a public officer, or to disclose "evidence of corruption, impropriety, or other malfeasance" within a governmental entity. 57 at 4; Doc. While, the first three steps in the Garcetti/Pickering analysis are questions of law for the Court to decide, id., they may turn on resolution of a factual dispute by the jury. She also discussed her support of Dane Kyser for Chief of Police. --------. 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. 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. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. 57 at 11-12). Instead, she claims that she was often approached by others who initiated these conversations. 57 at 2). Id. 57 at 2). She explained that low morale at the Police Department was another reason that she participated in these conversations. 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. (Doc. See Anderson, 477 U.S. at 249. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. Id. 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.. 52 at 14). Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. The two represented the entire village force. (Doc. See id. See Adler, 144 F.3d at 671. Community Calendar From How Do You Atlanta. 65 at 3). She stated her belief that Defendant Scifres had been the one who told Commander Brown to reprimand her in December, 2010 for discussing the Police Chief vacancy while on duty. 57 at 2). 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. R. Civ. Connick, 461 U.S. at 163 (quotation omitted). 57 at 2, 4). Sch. All rights reserved. Id. 52-4 at 4:4-16). The chief wrote in his email to staff this morning, my decision was based on career opportunities.. Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. 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. Id. The morale is down." 361. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. 2. 58-3 at 2:8-18). Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . 3. Because they were upset because the morale was at the all time low." 57 at 2). N'dea Yancey-Bragg. Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Officer . She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. (Doc. Id. She also stated that some officers possessed a subjective belief they would be retaliated against for writing a letter supporting any Police Chief applicant. Plaintiff repeatedly stated during her deposition that she had not spoken negatively about Defendant Scifres, and that she rarely initiated conversations about the police chief vacancy or the applicants for the position. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. 1984). 52 at 3; Doc. 65 at 3). 60). (Doc. Id. Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . (Doc. 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. 65 at 3). 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. 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." A new police chief took the reins in Roswell over the summer. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. The community would be the one to suffer. (Doc. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. 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. This page is monitored monitored 24/7 and should not be used for reporting emergencies. The subject matter of, and intended audiences for, Plaintiff's varied instances speech are too disparate to be considered as a unitary whole for purposes of the Garcetti/Pickering analysis. Fortunately, she was not hurt. (Doc. P. 73, the parties have consented to have this Court serve as the presiding judge and conduct all proceedings, including trial. 1:30. It is true that political expression has long been afforded the broadest protection by the First Amendment. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. at 2. 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. 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. 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. at 972. 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.. See Johnsen v. Indep. Kim Potter, a 26-year police. 5, 149 F.3d 1228, 1233 (10th Cir. 52 at 3-4; Doc. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. 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." Here's why. 0:00. 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. 52-1 at 16-20). at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. (Doc. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . One of those now-former officers, Courtney Brown, blamed her termination on the international . She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. 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