57 at 2, 4; Doc. at 857. In addition to higher pay, police are getting a bigger place to work. (Doc. Defendant Fry has been City Manager since approximately October, 2010. She requested that Defendant Scifres immediately cease the offending behavior, and be required to attend a refresher course on harassment in the work place. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. 57 at 2, 3; Doc. Alfonso Solis was ultimately selected as the next Roswell Chief of Police by Defendant Fry. 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. R. CIV. 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. 2005). Therefore, the Court will consider each instance of speech independently. 52 at 14). However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. An entire Missouri police. The morale is down." The plaintiff held out that he was authorized to speak on behalf of others in the department. The 29-year-old had been an officer in Smyrna. This comes as law enforcement agencies across the country struggle to fill vacancies. 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. 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. (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. Kim Potter, a 26-year police. 801. THE HONORABLE CARMEN E. GARZA UNITED STATES MAGISTRATE JUDGE. 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." The deputy chief abruptly retired from law enforcement. 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. Berkowitz is suing over what she says was the unlawful entry into her home by a Roswell police officer. The principal ones are sphalerite, boulangerite, bournonite, calcite, chalcopyrite, pyrite, tetrahedrite, and siderite." [Belot, 1978] (Doc. PREVIOUS: Roswell police chief says muted body cameras and secret memo 'not a cover-up'. Id. His last day was Nov. 26. Id. Lighton, 209 F.3d at 1224. 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. 52 at 3; Doc. 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. The Court has reviewed each instance of speech, and does not find Plaintiff's argument convincing in consideration of the Johnsen factors. Fortunately, she was not hurt. 52), be GRANTED, and this action dismissed with prejudice. 65 at 3). For example, the Tenth Circuit has held that speech regarding grievances about internal departmental affairs, disputes over the terms of employment, and workplace frustration, were not on matters of public concern. The City . The chief also told police Boddie and "3 - 6 other (B)lack males approached him . It shows a Roswell police K-9 brutally attacking a teenager on Aug. 4, 2016. The Court need not reach the other prongs of the Garcetti/Pickering test, and finds that Defendants are entitled to summary judgment on all of Plaintiff's claims as a matter of law. Bradford's . It has been my pleasure to work with each of you over the last six years," Grant said in a statement from the Roswell Police Department. Id. The Court Will Consider Each Instance of Speech Separately. 57 at 11-12). 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 5; Doc. The Tenth Circuit further noted that, while "public officials should be receptive to constructive criticism offered by their employees, the First Amendment does not require a public office to be run as a roundtable for employee complaints over internal office affairs." (Doc. (Doc. UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. She alleges that during those meetings she told the other detectives that the Roswell Police Department needed a change and that she hoped Dane Kyser would be selected for the position of Police Chief. 58-3 at 113:18-115:4). Chief Frank McCall's last day will be Feb. 24, after which, Ferguson. She contends that she told other officers that the Department needed to end the "good ole boy" system. He specialized in investigating violent crimes, property theft, drug enforcement and technology. 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. (Doc. 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. 57 at 2). Id. Plaintiff has maintained throughout that she never intended to speak negatively about Defendant Scifres. Leverington, 643 F.3d at 727. If the employee's interest outweighs the employer's, then the Court proceeds to step four. Alston announced several times that . Robert Cohen Taylor Tiamoyo Harris FERGUSON The city of Ferguson confirmed on Thursday its police chief resigned. Bass v. Richards, 308 F.3d 1081, 1089 (10th Cir. Plaintiff contended that Defendant Scifres placed an article titled "Chronic Complainers Club" in her mailbox and other officers' mailboxes at work. The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. 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 2). 52-5 at 7:20-25; Doc. Id. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. 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. 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. at 2, 3. "Matters of public concern are those of interest to the community, whether for social, political, or other reasons." Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (internal quotations omitted). The Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. 57 at 2). At step four, the employee must establish that her speech was a substantial factor or motivating factor in a detrimental employment decision. 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. A new officer starts at $58,553; those with a college degree and experience can earn a starting salary of up to $71,635. City residents approved a $52 million public safety bond. Id. Oct. 10, 2014). 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. These letters purported to express several police officers' preferences for the new Roswell Police Chief. October 26, 2022, 12:13 PM ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. 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 . After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. Indeed, it is undisputed that Defendant Fry, and not the electorate, was charged with choosing the next Roswell Chief of Police. 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. 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. 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. USA TODAY. 2023 www.timesreporter.com. Village Council accepted the resignation of part-time officer Ralph Tice last week. B. To be sure, the Court will further analyze Plaintiff's motivation for her speech. PREVIOUS | Roswell Police Chief resigns amid 11Alive Investigation Two Roswell officers were fired after 11Alive Investigators uncovered body camera video showing the officers using a 'coin flip' app when deciding to arrest a driver for speeding. 52-1 at 18:17-25; Doc. Published: Apr. 3, 891 F.2d 1485, 1492 (10th Cir. (Doc. 52 at 5; Doc. Example video title will go here for this video. Pursuant to 28 U.S.C. (Doc. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. Solis was ultimately selected as the next Roswell chief of police higher pay, are. Its police chief the employee 's interest outweighs the employer 's, then the Court has reviewed instance... 574, 587 ( 1986 ) ( internal quotations omitted ) part-time officer Tice... 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