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. 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. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. at 148 (alterations omitted). 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. 1988) (internal quotations and alterations omitted). (Doc. 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. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . 65 at 3). 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. 52 at 3; Doc. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. The message is not directed toward Plaintiff, but generally toward people dissatisfied with their jobs. The speech merely consisted of one public employee's interpersonal conflict with another. City residents approved a $52 million public safety bond. 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. N'dea Yancey-Bragg. Some people are upset at the way iPhones charge. It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. 65 at 3). Brooklyn Center police officer Kim Potter, who was placed on administrative leave after fatally shooting 20-year-old Daunte . Id. 1989). 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. On December 17, 2010, Plaintiff delivered a number of letters from police officers to Roswell Mayor Del Jurney and Defendant Fry. 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 could only generally recall the substance of the conversations. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] (Doc. (Doc. 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. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. 57 at 2, 4; Doc. 52 at 5; Doc. Plaintiff brings a claim under 42 U.S.C. But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. She reasons that a police officer's opinion as to who would be the best Chief of Police is important to the public, because the public has a "dire need to know who is leading their police department." Sheriff Orvis Campbell said his department was already covering 98% of the calls in this community of 216 people before Police Chief Donna Patterson went on sick leave and a part-time officer resigned. 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. Id. 52 at 5; Doc. Per the contract, the consulting services will not exceed the amount of $77,750, The Atlanta Journal-Constitutionreported. In addition to higher pay, police are getting a bigger place to work. Id. 2010). She claims that, with regard to the vacant Police Chief position, she only spoke out in support of fellow officer Dan Kyser's candidacy. 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. A Florida police chief who flashed her badge and asked to be let go from a traffic stop has resigned, Tampa officials said Monday. (Doc. 2002). Gun found in unattended bag on Ga. school property, parent taken into custody, district says. (Doc. (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. 52-5 at 7:14-19; Doc. 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. 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 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. 636 and Fed. (Doc. 65 at 5). She stated that only she and three other detectives received the article, and therefore she believed that Defendant Scifres was harassing and intimidating her because she had not endorsed him for Chief of Police. 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. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. (Doc. 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. 52 at 4; Doc. 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. Plaintiff was ultimately reinstated in her previous position with the Police Department in January, 2012, and then immediately placed on administrative leave with pay. (Doc. (Doc. 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. Id. Wilson, 732 F.2d at 768. She also expressed her belief that the Police Department's problems would not improve if Defendant Scifres were selected as Police Chief. (quotation omitted). 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. 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. Published: Apr. These letters purported to express several police officers' preferences for the new Roswell Police Chief. 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. A movant who does not bear the burden of persuasion at trial, such as Defendants, need not negate the nonmovant's claim. Deciding whether Plaintiff's letter was on a matter of public concern, in consideration of the content, form, and context of the speech alone, is a close call in this case. She further contends that she had various conversations with city employees at the Yucca Recreational Center, which also constituted protected speech. 52 at 3; 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. If you want them to truly do their job with passion and courage, then do right by them, Wilson said. 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. Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. She explained that she wanted to support who she thought would be a good candidate to run the Police Department and help recruit more officers. 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. (Doc. October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. 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. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. 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. 57 at 3; Doc. Commander Brown advised Plaintiff not to discuss the Police Chief position or the Police Chief candidates while on duty, as it had become a distraction at work. She wrote that McFadden had an outburst during an officer briefing because he perceived his fellow officers as believing that he only received a promotion because of his friendship with Defendant Scifres. 58-3 at 2:8-18). 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. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. 57 at 13). (quotation omitted). 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." 57 at 2). My daughter was in an accident last night. See Panis, 60 F.3d at 1490. at 2. 57 at 2). 57 at 2). 57 at 11-12). Cobb is suing for being demoted because of his age. 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. Dist. He has been the police chief in Syracuse for just over three years. The Tenth Circuit has noted that such an allegation only facially demonstrates a personal grievance with a public official, and therefore "unequivocally reflects a personal dispute, not a matter of public concern." This page is monitored monitored 24/7 and should not be used for reporting emergencies. A unitary analysis may be appropriate when the speech involves multiple instances but only one subject. He specialized in investigating violent crimes, property theft, drug enforcement and technology. Id at 1. In former police chief Josh Gibson's resignation letter, which was also shared in a public Facebook post on Wednesday evening, the Kenly officer of 21 years said he could no longer continue with . 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." Lighton, 209 F.3d at 1224. Roswell police officers responded at 3:33 p.m. Friday to a reported disturbance at 185 Spring Drive. The two represented the entire village force. 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