Complaint to the Human Resources Department: January 28, 2011. (Doc. (Doc. (Doc. 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. 57 at 6; Doc. 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. 57 at 2). Plaintiff's grievance about McFadden's outburst and social media message was directed to the Human Resources Department, and not the public at large. 57 at 2, 5; Doc. Conversations with Fellow Officers and Other City Employees. (Doc. His complaint comes after recidivism rates in New Mexico are on the rise.. Roswell police say Moreno was with the department for a year and a half he resigned from the department once the investigation began. 65 at 5). The Court views all of the evidence in the record in the light most favorable to Plaintiff. A White police officer who fatally shot a Black man during a traffic stop in Minnesota resigned Tuesday, along with the city's police chief, officials said. In the proposal to Roswell, it says it will conduct data-driven analysis, identify and recommend appropriate staffing levels, review policies and procedures, examine the departments organizational structure and culture, recommend a management framework to ensure accountability, conduct interviews, review internal affairs and conduct other analysis of the department. Kim Potter, a 26-year police. 22, 2022, 2:23 p.m. Syracuse police chief Kenton Buckner has resigned. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. Sch. 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. 57 at 2; Doc. A fact is material if it might affect the outcome of the case under the governing substantive law. Roswell Police Chief Rusty Grant said he launched an investigation and placed the officers on administrative leave once he became aware of the incident that occurred just over three months. In the fall of 2010, the Roswell Police Department had an interim Chief of Police and interim Deputy Chief of Police because the officers holding those positions had recently resigned. 65 at 3). 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. 52 at 5; Doc. 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." 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." 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. 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 . 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. | AP. Id. Plaintiff clarified in her deposition that her only motive in writing the letter was to support Dane Kyser's candidacy for Chief of Police. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . (Doc. The chiefs resignation follows a year-long investigation of the police department by The 11Alive Investigators. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. As a government employee, a "citizen by necessity must accept certain limitations on his or her freedom." The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] 52 at 5; Doc. (Doc. "Tampa Mayor Jane Castor has requested and received the . Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. She described her discussions with other officers as "personal conversations," and asserted that she had been singled out by Commander Brown despite many other officers regularly discussing the Chief of Police position while at work. 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. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. (Doc. Timeline, photos give new details into disappearance of Georgia husband, father in Baton Rouge, New timeline, surveillance photos provide insight into Georgia man's last whereabouts in Baton Rouge, Home explosion leaves 8 families without answers or compensation after two years, Family of 8 still waiting on answers or compensation following home explosion in 2020, 'There is nobody looking out for you' | Home Explosion Leaves 8 Families without answers or compensation after two years, Forecast | Shower and storms increase to finish the week, Timeline | Multiple rounds of strong to severe storms possible, Police officers who flipped a coin to see if a woman went to jail fired, the attack on a teen suspect by a police K9, Teen following police commands is brutally attacked by Roswell K-9, intentional freezing of a 13-year-old boy, Roswell police chief says muted body cameras and secret memo 'not a cover-up'. 3, 891 F.2d 1485, 1492 (10th Cir. Id. PREVIOUS: Teen following police commands is brutally attacked by Roswell K-9. Give today! (Doc. She contends that other officers threatened to quit the Department if Defendant Scifres became Police Chief, but that she never talked negatively about Defendant Scifres. (Doc. Based on the content, form, and context of the speech, as well as Plaintiff's motive for making the speech, the Court cannot find that it rises to the level of relating to any political, social, or other concern to the community. Alston announced several times that . 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. 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 has reviewed all of the exhibits attached to the Response, and cannot find any corresponding documents to support Plaintiff's contention, and therefore, does not consider this to be an undisputed fact. 52 at 5-6; Doc. 60). 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 Department subsequently conducted an internal investigation, and transferred Plaintiff into a police radio dispatcher position pending the outcome of the investigation. 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. We have a stellar leadership group in our public safety department, Hills said. 52 at 4; Doc. When the vehicle stopped, two of the individuals took off running. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. Id. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). 57 at 4; Doc. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. 65 at 3). (Doc. IT IS HEREBY ORDERED that Defendants' Motion and Memorandum in Support of Motion for Summary Judgment, (Doc. She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. 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. 60-9 at 1; Doc. Plaintiff disagrees, and responds that her speech was clearly on a matter of public concern and therefore all of her statements were protected by the First Amendment. Dwayne Orrick. 3. Id. 52-5 at 4:4-10; Doc. 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. 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. No. Cobb is suing for being demoted because of his age. 65). Full title:JEANNIE MADSEN, Plaintiff, v. CITY OF ROSWELL, a municipal corporation, Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. 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."). Id. The memo showed the chief informed the city administrator on Monday about his intent to resign at the end of the month. These letters purported to express several police officers' preferences for the new Roswell Police Chief. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. 1989). 52 at 5; Doc. (Doc. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. 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. Deutsch v. Jordan, 618 F.3d 1093, 1098 (10th Cir. See Hom, 81 F.3d at 969. Moreno was booked into the Chaves County Detention Center on a . 52 at 6; Doc. at 2. All rights reserved. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. (Doc. 52-1 at 16-17). R. CIV. at 15. 52 at 6; Doc. Indus. Therefore, the Court does not consider them. Published: Apr. 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. If the employee's interest outweighs the employer's, then the Court proceeds to step four. 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 Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. Feb 26, 2023. Example video title will go here for this video. (Doc. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. Ippolito's LinkedIn states that he is the owner of Ippolito's and Ipps's Pastaria in Roswell. 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. 52 at 3; Doc. 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. 1998) (quoting Connick v. Myers, 461 U.S. 138, 147-48 (1983)) (internal quotation omitted). 52 at 5; Doc. Last year, the Roswell City Council adopted the "Best in Class" pay plan, giving a 20% increase to starting police salaries across the board. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. In her letter to Mayor Jurney and Defendant Fry, Plaintiff wrote: "I would like to show my support for Dane Kyser for Chief of Police of the Roswell Police Department. See Anderson, 477 U.S. at 249. UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. (Doc. (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. 52 at 3; Doc. of Colo., 427 F.3d 1253, 1263 (10th Cir. (Doc. Wilson, 732 F.2d at 768. However, Plaintiff signed her letter, which expressed her support for Dane Kyser's candidacy as the next Roswell Police Chief. 58-3 at 113:18-115:4). Gun found in unattended bag on Ga. school property, parent taken into custody, district says. --------. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. The move comes after alleged sex videos surfaced of the chief while he was. 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." The city reviewed eight proposals for outside audits from various firms and had a committee rank and grade them. (Doc. 52 at 4; Doc. 57 at 2). Most of the letters were unsigned. at 2, 3. Defendants contest the allegation on the basis that it is unsupported by any evidence of record. If it is not a matter of public concern then it is not constitutionally-protected speech. 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.
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