Generally, the subject matter of the speech at issue, as described by Plaintiff, consists of vague recollections touching on officer morale, understaffing, shift hours, the quality of other officers' work, and her subjective belief about what would happen if Defendant Scifres were to be hired as Police Chief. 1 at 9-10). "Tampa Mayor Jane Castor has requested and received the . 2010). Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. 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 . If you want them to truly do their job with passion and courage, then do right by them, Wilson said. Id. Feb 26, 2023. A new police chief took the reins in Roswell over the summer. Technically, the police chief and officers are still on the job through the beginning of next week. Police Department | Roswell, NM Divisions Join the Force In the Community How Do I Serve and Protect Your Community Interested in joining RPD? 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. Funding for the audit will come from the police departments budget for the 2019 fiscal year. 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. (Doc. Plaintiff does not allege that she intended to make her letter to Mayor Jurney or Defendant Fry public. The investigation resulted in a sustained finding of domestic violence in violation of the Department's policy. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. Id. 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. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. Moreno was booked into the Chaves County Detention Center on a . Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. 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. 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. See Adler, 144 F.3d at 671. Cobb is suing for being demoted because of his age. It also attracted those great officers from other departments looking to make a move.. 52-1 at 37:2-7). 57 at 2). N'dea Yancey-Bragg. (Doc. (Doc. 624 were here. 65 at 3). (Doc. UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. 57 at 2). (Doc. 1 at 8). They weren't serving the community . 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. (Doc. 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 . The Tenth Circuit has specifically held that an individual's complaints about staffing levels inherently relate to the amount of work that an employee must perform, and therefore is a personal, rather than a public concern. 52-4 at 4:4-16). (Doc. USA TODAY. Roswell Police Cheif Philip Smith sent out an article Monday demonstrating his frustrations with the justice system. See Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). Id. (Doc. In this case, Plaintiff contends that her constitutionally-protected speech consists of: (i) the December 17, 2010 letter addressed to Mayor Jurney and Defendant Fry stating her support for Dane Kyser for Chief of Police; (ii) the January 5, 2011 complaint to the Human Resources Department alleging Defendant Scifres was creating a hostile work environment; (iii) the January 28, 2011 complaint to the Human Resources Department alleging Defendant Scifres and Brad McFadden were creating a hostile work environment; and (iv) all of the conversations that she had with fellow police officers and other city employees regarding the low morale, understaffing, and work hours at the Police Department, and the vacant Chief of Police position. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. (Doc. 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." Id at 2. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. Chief Investigator Brendan Keefe first revealed that a driver was arrested after two officers flipped a coin to decide whether or not she would go to jail. Sch. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. 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. According to Roswell police, officials began investigating in January after a minor at Milton High School made an outcry about child sexual crimes. (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. at 2. 52 at 4; Doc. Defendants argued in their Motion that claims against Defendant Kintigh in his personal capacity should be dismissed because Plaintiff has not made any factual allegations that he was personally involved in any adverse employment decision alleged in this case. at 974. 57 at 2, 5; Doc. 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.. Dist. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. Id. Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. Roswell's deputy chief, James C. Easterwood, announced his retirement from the department in October. 52); Plaintiff's Response to Defendants' Motion for Summary Judgment ("Response"), filed June 23, 2014, (Doc. The police department of Kenly, North Carolina has quit in protest at the town's newly hired "progressively responsible" town manager -- who the police chief said created a "hostile work environment." Village Council accepted the resignation of part-time officer Ralph Tice last week. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670-71 (10th Cir.1998) (citing Celotex Corp., 477 U.S. at 323, 325). 52 at 5; Doc. 52-5 at 4:4-10; Doc. 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. Plaintiff contends that her endorsement of Dane Kyser was the type of political speech that is clearly protected by the First Amendment. Plaintiff alleges that she "expressed grave concern for the community at the possible promotion of Defendant Scifres, an officer of questionable character and abilities." Helen Dunkin, who served as the interim head of the department for the previous seven months. Plaintiff responds that all of her speech is protected because it related to matters of political, social, or other concern to the community. CIV-13-00512 CEG/SMV (D.N.M. 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." (Doc. Baden Police Chief David Christner has worked at the department for 21 years, but on Monday he officially retired. (Doc. 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. Id. 57 at 2). He is almost 60 years old. 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. She also openly discussed her concerns about the Department and management with other police officers and the public. Roswell hired 36 officers in 2022; of those, 23 had experience at other agencies. (Doc. 52-1 at 21:17-25). See FED. 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. 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 . 65 at 3). Community Calendar From How Do You Atlanta. 52 at 10; Doc. (Doc. According to an incident report WXIA-TV obtained, officer Lorne Alston was on patrol when he spotted what he believed to be a stolen vehicle with four people inside. 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. 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. 57 at 2-3; Doc. 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." 52 at 5; Doc. The Court views all of the evidence in the record in the light most favorable to Plaintiff. Sheriff Orvis Campbell said his department was already. Id. 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. 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. 57 at 2). 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 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. (Doc. See Panis, 60 F.3d at 1490. R. CIV. (Doc. . 52-1 at 16-20). See, e.g., Brammer-Hoelter, 492 F.3d at 1205-06. 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. Wilson, 732 F.2d at 768. Example video title will go here for this video. 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. Defendants point out that Plaintiff has never alleged that the Roswell Chief of Police is an elected position or that Dane Kyser was a candidate running for public office. My daughter was in an accident last night. 65 at 3). 57 at 14). Sch. See Johnsen v. Indep. (Doc. 52 at 4; Doc. Mayor Kurt Wilson said officers want to come and stay because the city has invested in the police. The plaintiff held out that he was authorized to speak on behalf of others in the department. 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. 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. McEvoy, 882 F.2d at 465. If so, then the speech is not protected because the restriction properly "reflects the exercise of employer control over what the employer itself has commissioned or created." Plaintiff initially brought claims against Defendant Kintigh in his individual and official capacities. 2011); see also Withiam v. Baptist Health Care, 98 F.3d 581, 583 (10th Cir. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. City residents approved a $52 million public safety bond. On or around December 14, 2010, Plaintiff spoke with Roswell Police Commander Bill Brown regarding these conversations. The Court must conduct a five-step inquiry in considering a plaintiff's freedom-of-speech retaliation claim, known as the "Garcetti/Pickering" analysis. 58-3 at 14:18-24). With a baby now in the family, better pay was a big selling point for Roswell but not the only one. (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. 3, 891 F.2d 1485, 1492 (10th Cir. The Roswell Police Department consists of the best men and women, sworn and civilian, in the business. Three officers were fired, and the police chief resigned amid our investigations. 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. 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. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." On April 7, body camera footage showed two officers deciding whether or not to send a woman to jail by flipping a coin. 57 at 4; Doc. (Doc. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. Plaintiff brings a claim under 42 U.S.C. The City . 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." 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. (Doc. Schrier, 427 F.3d at 1263 (quoting Moore v. City of Wynnewood, 57 F.3d 924, 932 (10th Cir. Id. 65 at 3). 636 and Fed. Most of the letters were unsigned. 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. The nonmovant must go beyond the allegations and denials of his pleadings and provide admissible evidence, which the Court views in the light most favorable to her. 52 at 14). . 57 at 2, 3; Doc. 58-3 at 36:12-22). Id at 1. 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. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. (Doc. 1996). (Doc. 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. BROOKLYN CENTER, Minn.. 60). 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. 52 at 5; Doc. 57 at 2). 52 at 3; Doc. In this case, Plaintiff alleges that all of her statements concerning Defendant Scifres are protected because they question his character, competence, and fitness for duty. 65 at 3). Tice was hired May 31 and started working June 1. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. 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. Plaintiff did not allege serious police misconduct, or request that Mayor Jurney and Defendant Fry initiate a formal investigation, as in Wulf. In Wulf v. City of Wichita, 883 F.2d 842 (10th Cir. (Doc. The 11Alive Investigators also uncovered the attack on a teen suspect by a police K9, despite multiple commands from his Roswell Police handler to stop. 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. In the January 5, 2011 complaint, Plaintiff stated that she was reporting harassment under "City Rules and Regulations 1001.0." 58-3 at 24:19-21). 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