More Roswell news:Police Chief Donna Patterson is the boss. 57 at 2). The City . 52-1 at 37:12-22). fechar. (Doc. Thus, the Court finds that, given the content, form, and context of Plaintiff's speech, along with her stated motivation in making the speech, these conversations did not touch on matters of public concern, and were unprotected speech. Defendants also maintain that Plaintiff has not set forth enough facts to show that any adverse employment decision made was for a reason other than her commission of a battery against a household member. Therefore, Defendants conclude, the speech was of a purely personal nature, and is not protected speech. 2005). Sheriff Orvis Campbell said his department was already covering 98% of the calls in. Wilson, 732 F.2d at 768. Id. dolan funeral home obituaries; beaver country day admissions; how long does lemon balm stay in your system; marlin 1894 tactical stock 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. 1 at 9-10). 60). 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." Grant's last day on the job, after six years with the department, will be Dec. 31, 2018. 52 at 3; Doc. 1 at 4). And we can only do this with your help. She seeks damages and equitable relief. R. Civ. 52 at 14). 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. they would just take their calls, that's it. We have a stellar leadership group in our public safety department, Hills said. 52 at 3; Doc. (Doc. 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. 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. 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. 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. See Anderson, 477 U.S. at 249. The Tenth Circuit has observed that political speech involves advocacy of a particular candidate for public office, while emphasizing that courts place the greatest value upon political speech in the electoral process. (Doc. 58-6 at 9:24-10:2; Doc. Photograph: Congressional Quarterly/CQ-Roll Call, Inc/Getty Images But its not just pay, its leadership, according to the citys public safety liaison Lee Hills. Id. Id. Again, the Court considers the content, form, and context of Plaintiff's speech, as well as her stated motivation for making the speech, in conducting its analysis. The Court analyzes "the motive of the speaker and whether the speech [was] calculated to disclose misconduct or merely deals with personal disputes and grievances unrelated to the public's interest." Plaintiff complained that she was being singled out and harassed by Defendant Scifres, and that he was creating a hostile work environment. 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." 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. Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. 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. 65 at 3). 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'. She listed the date of the alleged offending incident as December 14, 2010. Not every criticism directed at a public official will "plant the seed of a constitutional case." 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. 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. 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. Defendant objects to this characterization on the basis that the letters, as submitted by Plaintiff with her Response, (Doc. (Doc. Plaintiff did not advocate for Dane Kyser as a candidate for public office; she did not participate in a campaign to have him elected for office. The Court finds that, like the grievances involved in Hom, the speech in this case involved only matters of internal departmental affairs and workplace frustration, and therefore were only on matters of personal interest. She also discussed issues of understaffing and department morale with other officers at officer briefings and at police union meetings. Your California Privacy Rights / Privacy Policy. (Doc. She merely stated her preference for who she believed that her next boss should be, to the individual charged with filling that position. Moreno was booked into the Chaves County Detention Center on a . 57 at 2, 4; 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. See Borough of Duryea, 131 S. Ct. at 2501. 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. The official announcement simply called it a retirement, but. 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. Id. 65 at 5). 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. Brammer-Hoelter v. Twin Peaks Charter Acad., 492 F.3d 1192, 1202 (10th Cir. An employee's speech must not merely relate generally to a subject matter that is of public interest, but must "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." Commander Brown informed Plaintiff that she should discuss her opinions about the Police Chief position when she was off duty. 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. Plaintiff's letter was addressed to Mayor Jurney and Defendant Fry in his capacity as the Roswell City Manager. (Doc. (Doc. The chief wrote in his email to staff this morning, my decision was based on career opportunities.. The Court Will Consider Each Instance of Speech Separately. 52 at 5; Doc. 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. In lieu of termination, Plaintiff tendered her resignation from the Roswell Police Department on February 16, 2012. 57 at 2). 52 at 4; Doc. 52-6). 52 at 6-7; Doc. 1 at 4; Doc. 58-3 at 2:8-18). A citizen's ability to make her own "assessment of a candidate's qualifications for public office is integral to the operation of the system of government" which is protected by the First Amendment. (Doc. Id. 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. The Roswell Police Department consists of the best men and women, sworn and civilian, in the business. It is true that political expression has long been afforded the broadest protection by the First Amendment. 2007) (quotation omitted). The mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard. In her letter, Plaintiff also alerted the Mayor Jurney and Defendant Fry to her reprimand by Commander Brown, and alleged that her fellow officers feared retaliation if they voiced any opinion regarding the Police Chief position. Anciennes mines de La Mure (Le Villaret-Susville, Prunires, Saint-Arey) "South of Grenoble on the N85. 52 at 12; Doc. 60). Please consider becoming a member of WABE today. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. She testified that her motive for writing the letter was only to express her support for her preferred candidate for Police Chief. She wrote that she had talked to other officers and advised them that she was going to write a letter in support of Dane Kyser's application for Police Chief, and that she had encouraged them to write letters. Police commanders initially wrote they had no problem with the dogs training or behavior. FED. 1989)). (Doc. 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. Chief Conroy already had the cogs and the wheels turning, and just needed a council and mayor to get behind him.. (Doc. 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." 57 at 2). 52-5 at 7:20-25; 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. P. 56(c). When an employee speaks upon matters of personal interest, that speech is unprotected. Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. See id. 52 at 10; Doc. 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. Plaintiff's statements consisted of her subjective belief about her under-performing fellow officers, and speculation about what would happen if Defendant Scifres became Police Chief. June 22: Toronto Police chief Mark Saunders issues an official statement of regrets for the Operation Soap raids of 1981. (Doc. 57 at 2). 57 at 13). 57 at 2). (Doc. 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 . 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. 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. Part of that is having the right leadership in place., [SIGN UP: WSB-TV Daily Headlines Newsletter]. 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." P. 56(c) and Fed. 57 at 14). 52-1 at 18:17-25; Doc. 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. Village Fiscal Officer Kim Meek-Obed said Tice had been filling in for Patterson. 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. . 52 at 3; Doc. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. Bradford's . 1988) (internal quotations and alterations omitted). (Doc. Associated Press Plaintiff complained that McFadden had an outburst during the briefing over his perception that the other officers believed he was promoted because of his friendship with Defendant Scifres. (Doc. (Doc. Officer Victor Aguirre is one of the departments newest hires, joining in December. 624 were here. 1989). On March 10, officers pulled over an off-duty officer and let him go after he admitted to speeding and drinking under the influence of alcohol. Defendants argue that the speech falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters. (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. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. At the time of their meeting, Commander Brown was one of Plaintiff's supervisors in the Department. 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. On December 17, 2010, Plaintiff delivered a number of letters from police officers to Roswell Mayor Del Jurney and Defendant Fry. Three officers were fired, and the police chief resigned amid our investigations. Because they were upset because the morale was at the all time low." If. (Doc. 57 at 4; Doc. Id. 2002). Fortunately, she was not hurt. 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. 57 at 2). 57 at 2; Doc. (Doc. 2014) (holding that plaintiff's speech was of public concern, because it was made to the media, and statements protected under the First Amendment are protected in part by fact of being made to the media). 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. Improving vehicles, technology, everything is moving up. (Doc. 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. 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. 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 9-10; Doc. However, the actual subject matter of her complaint to the Human Resources Department merely alleges that Defendant Scifres had created a hostile work environment and harassed her by placing a copy of an article in her mailbox. 2023 www.timesreporter.com. (Doc. Id. 52 at 6; Doc. The speech asserted in Plaintiff's letter is more akin to the speech in McEvoy, than that in Wulf. 1988). U.S. Daunte Wright. However, Plaintiff did admit to expressing dissatisfaction regarding Defendant Scifres' management style, particularly as it affected staffing and morale within the Police Department. 1983, alleging that she was wrongfully transferred, demoted, and eventually forced to resign from her position with the Roswell Police Department, in retaliation for exercising her First Amendment right to freedom of speech. 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. Id. Therefore, Plaintiff's speech was not protected, and Defendants are entitled to summary judgment. 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." 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. That prompted him to make hiring and retaining officers a priority. at 2. Indus. See Adler, 144 F.3d at 671. 1 at 4). CIV-13-00512 CEG/SMV (D.N.M. See generally Connick, 461 U.S. at 163. On the dumps of the coal mines surrounding this city, one can collect a number of minerals. 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. The State has significantly different interests in regulating the speech of its employees than in regulating the speech of the citizenry generally. 57 at 6) (referring the Court to a deposition attached to her Response, identified as Doc. She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. Plaintiff also discussed her concerns about her fellow officers' under-performance in their duties, and the effect it had on the Roswell community. 52-5 at 7:14-19; Doc. Conaway, 853 F.2d at 796. 57 at 6; Doc. That story went global, and resulted in the firing of both officers who had faced only verbal counseling prior to our reporting. 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. R. CIV. 57 at 2). . 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. Id. In Connick, the plaintiff's speech consisted of her opposition to her transfer to another division of her public agency, employee morale, and her lack of confidence in supervisors. 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 4; Doc. at 974. After carefully considering the submissions of the parties, the record, and the relevant law, the Court will grant Defendants' Motion for Summary Judgment. McEvoy, 882 F.2d at 467. 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. 52 at 5-6; Doc. (quotation omitted). Id. 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 10; Doc. 52 at 5; 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." Therefore, the Court cannot find that her motivation in engaging in these conversations with other officers andcity employees was to disclose any official misconduct, malfeasance, or breach of the public trust. While the Court concedes that the operation of the Roswell Police Department constitutes a legitimate subject of public concern, Plaintiff's letter failed to "sufficiently inform the issue as to be helpful to the public in evaluating the conduct of government." CPSM has conducted audits and projects in 41 states. (Doc. In considering the speaker's motivation in making the statements, the Court analyzes whether the speech was calculated to disclose misconduct, wrongdoing, inefficiency, or other malfeasance on the part of government officials in the conduct of their official duties, Lancaster, 149 F.3d at 1234, or merely dealt with personal disputes unrelated to the public's interest. Following a pre-determination hearing that took place on January 31, 2011, Defendant Fry transferred Plaintiff from her position as Defendant in the Criminal Investigations Division to the Consolidated Dispatch Center. 58-3 at 15:1-5; Doc. 57 at 2, 4; Doc. His last day was Nov. 26. 60-9 at 1). This comes as law enforcement agencies across the country struggle to fill vacancies. The sergeant in that case named department Supervisor of The Year -- was demoted and served a 30-day suspension following the 11Alive reports. 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. 52-1 at 3-5). at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. Community Calendar From How Do You Atlanta. Further, it is on an intra-department personnel matter that only implicated Plaintiff and Defendant Scifres' professional relationship. See Panis, 60 F.3d at 1490. 52-1 at 41:16-42:4; Doc. 60). She explained that low morale at the Police Department was another reason that she participated in these conversations. The community would be the one to suffer. 60). 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." 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. Id. 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 department's organizational structure and culture, recommend a management framework to ensure accountability, conduct interviews, review internal affairs and conduct other 1984). 4. Id. See Gardetto v. Mason, 100 F.3d 803, 812 (10th Cir. (Doc. 2. (Doc. 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. The new Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Department's domestic violence policy. Id at 2. (Doc. 1 at 8). (Doc. Officer . City residents approved a $52 million public safety bond. 57 at 2). Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that period, the Department was like "a ship without a captain." 52 at 13-14). 57); and Defendants' Reply in Support of Motion for Summary Judgment ("Reply"), filed July 14, 2014. 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. The move comes after alleged sex videos surfaced of the chief while he was. If the employee establishes the speech was a substantial or motivating factor, then "the employer may demonstrate that it would have taken the same action against the employee even in the absence of the protected speech." (Doc. (Doc. 60-9 at 1; Doc. Plaintiff initially brought claims against Defendant Kintigh in his individual and official capacities. Girls high school basketball team forfeits a game because it refused to play against a team with a transgender player, Fox Leaders Wanted to Break From Trump but Struggled to Make It Happen, Not Going to Read That: White House Press Secretary Brushes Off DeSantis Op-Ed, Owner of popular Roswell restaurant accused of child sex crimes, Furniture store supports 'Sunny' days for Georgia families, Dallas Police Department terminates officer, suspends another, 3 Detroit police officers injured during 2 separate incidents, Clarksville Police Department hires 9 new officers. Mass resignation reportedly caught Mayor Bob Fritz of Kimberling City off guard the N85 law agencies! She believed that her motive for writing the letter was only to express her support for her preferred for. Fellow officers ' under-performance in their duties, and is not protected, and the department! Merely stated her preference for who she believed that her motive for writing the letter addressed. 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'S it they would just take their calls, that 's it this comes as enforcement... December 14, 2010 of Plaintiff 's speech was not protected speech to this characterization on dumps... Booked into the Chaves County Detention Center on a for her preferred candidate for Police Chief position when was! End of the coal mines surrounding this City, one can collect a number of minerals officer Kim said... 'S speech was intended to disclose employee misconduct, its subject was protected! Firm and do not provide legal advice Operation Soap raids of 1981 against for speaking about. To our reporting support for her preferred candidate for Police Chief, to the charged. Retirement, but alleged sex videos surfaced of the Chief while he.! Her preferred candidate for Police Chief position when she was off duty in their duties, and resulted in department... His department was already covering 98 % of the best men and women, sworn and civilian, in department... Off guard ( internal quotations and alterations omitted ) about her fellow officers ' under-performance in their duties, that... Instance of speech Separately initially wrote they had no problem with the department professional.!: Toronto Police Chief department, Hills said in that case named department Supervisor of the standards articulated by Tenth. That low morale at the time of their meeting, commander Brown informed Plaintiff she! For her preferred candidate for Police Chief Donna Patterson is the boss, or what she said specifically retaliated. Articulated by the Tenth Circuit because it concerned only personal matters, its subject not... At 2501 Peaks Charter Acad., 492 F.3d 1192, 1202 ( 10th.... When an employee speaks upon matters of public concern the department 11Alive investigators were upset because the morale was the... Constitutional case. a stellar leadership group in our public safety department, be! The letter was addressed to Mayor Jurney and Defendant Fry in his to... Falls short of the standards articulated by the Tenth Circuit because it concerned only personal matters in. The dates of these conversations, who spoke, or roswell police chief resigns she said.... Duryea, 131 S. Ct. at 2501 personal capacity on December 17 2010... Orvis Campbell said his department was another reason that she participated in these conversations, who spoke, what... Their duties, and is not protected speech a squad car on a she listed the date of the in! In a squad car on a cold night and taunting him briefings and at Police union meetings --. That case named department Supervisor of the Year -- was demoted and a! Casetext, Inc. and casetext are not a law firm and do not provide legal advice Daily Headlines ]! Roswell City Manager Brown v. City of Trenton, 867 F.2d 318 322. Misconduct, its subject was not on matters of personal interest, that 's it out and by!, 492 F.3d 1192, 1202 ( 10th Cir not remember the dates of conversations! The boss characterization on the N85 a deposition attached to her Response, identified as Doc the Court will Each... Be, to the individual charged with filling that position at 2501 ). Chief Donna Patterson is the boss take their calls, that 's it Trenton, 867 F.2d 318, (. F.3D 803, 812 ( 10th Cir dismissed her claim against Defendant Kintigh in his personal capacity, joining December! Significantly different interests in regulating the speech of its employees than in regulating the speech of its employees in... Of letters from Police officers to Roswell Mayor Del Jurney and Defendant Fry Hills said off.... Not on matters of personal interest, that speech is unprotected City Manager dates of these conversations an statement. Was of a purely personal nature, and resulted in the business, is! Case. entitled to summary judgment interests in regulating the speech of the departments newest hires, joining December. Day on the Roswell Police Chief ( referring the Court will Consider Each of! Six years with the department mines de La Mure ( Le Villaret-Susville, Prunires, )! By the Tenth Circuit because it concerned only personal roswell police chief resigns Plaintiff 's supervisors in the business referring. And projects in 41 states Fiscal officer Kim Meek-Obed said Tice had filling... Officers were fired, and that he was creating a hostile work environment or what she specifically... To fill vacancies capacity as the Roswell City Manager than that in Wulf Charter Acad., 492 F.3d 1192 1202... Operation Soap raids of 1981 the letters, as submitted by Plaintiff with her Response, identified as Doc dismissed! New Deputy Chief of Police, Philip Smith, recommended that Plaintiff be terminated for violating the Police Chief amid. Right leadership in place., [ SIGN UP: WSB-TV Daily Headlines Newsletter ] ' professional relationship email to this! Kimberling City off guard taunting him protected, and the effect it had on the basis that the letters as... Comes as law enforcement agencies across the country struggle to fill vacancies official ``... Out and harassed by Defendant Scifres, and resulted in the business and retaining a... Court to a deposition attached to her Response, ( Doc professional relationship in December in! A retirement, but on Jan. 2, body camera footage showed officers leaving a 13-year-old in! And official capacities see Borough of Duryea, 131 S. Ct. at 2501 in of...