Id. 1421. Before coming to Roswell, Grant had more than 30 years of law enforcement experience with the Georgia Bureau of Investigations. "Tampa Mayor Jane Castor has requested and received the . 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. (internal quotation omitted). 57 at 4). Plaintiff subsequently dismissed her claim against Defendant Kintigh in his personal capacity. 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. 52-4 at 4:4-16). Lighton, 209 F.3d at 1224. CIV-13-00512 CEG/SMV (D.N.M. For the first time in more than 20 years, the Roswell Police Department is fully staffed. 1988) (internal quotations and alterations omitted). Chad Cole, assistant superintendent for finance and operations at Roswell Independent School District, has been named by Roswell Mayor Timothy Jennings as his choice as the new city manager. Roswell To Pay Consultant To Audit Its Police Department, Atlantans share how theyll navigate the holidays with looming omicron surge, Punk Black To-Go: Monthly local music recommendations from Von Phoenix, Execution Date Set For Ga. 1996), Lancaster, 149 F.3d at 1233-34, and McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir. The chief also told police Boddie and "3 - 6 other (B)lack males approached him . (Doc. Roswell police officers responded at 3:33 p.m. Friday to a reported disturbance at 185 Spring Drive. McEvoy, 882 F.2d at 465. Last, Plaintiff alleges that her numerous conversations with fellow officers and other city employees were protected speech, which led to retaliation against her at the Police Department. In the following letter to the Lords of the board of trade, Governor Wright commends Noble Jones' services as chief justice of the colony after Mr . 57 at 2, 5; 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. 1 at 4; Doc. Therefore, the Court will also consider Plaintiff's motive in writing and sending the letter. Specifically, Defendants allege that Plaintiff has not shown that her speech touched on matters of public concern. 57 at 2, 4). 52-1 at 21:17-25; Doc. 2010). The next instance of speech that Plaintiff contends is protected is her complaint to the City of Roswell Human Resources Department dated January 5, 2011. Funding for the audit will come from the police departments budget for the 2019 fiscal year. If the employee's interest outweighs the employer's, then the Court proceeds to step four. at 148 (alterations omitted). Defendant Scifres, who served as the interim Deputy Chief of Police during that time, testified that during that . (Doc. Id. at 466 (quoting Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. Defendants contend that the speech was personal in nature because the purpose of the letter was to air a personal dispute or grievance. She explained that low morale at the Police Department was another reason that she participated in these conversations. 52 at 3-4; Doc. Lighton v. Univ. (Doc. Therefore, the Court does not consider them. Steven Sund, chief of the US Capitol police, announced his resignation following criticism from congressional leaders. (Doc. (Doc. 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. The 29-year-old had been an officer in Smyrna. 52-1 at 16-17). 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. Garcetti v. Ceballos, 547 U.S. 410, 418 (2006). 57 at 2). Throughout the fall of 2010, Plaintiff and other detectives in her division discussed the vacant chief position and the applicants for the position at officer briefings and police union meetings. 57 at 2, 3; Doc. 52-1 at 19:12-20:21). 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 her letter, Plaintiff shared her experience of being reprimanded for discussing the Police Chief vacancy while on duty. Instead, she claims that she was often approached by others who initiated these conversations. 52 at 9; 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. On the dumps of the coal mines surrounding this city, one can collect a number of minerals. 60-9 at 1). The Court is further guided by the Tenth Circuit's analysis in Hom v. Squire. 52 at 4; Doc. Letter to Mayor Jurney and Defendant Fry: December 17, 2010. . at 13-14. 57 at 2). 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. On August 30, 2011, Plaintiff entered into a pre-prosecution diversion program, admitted to the commission of domestic violence, and agreed that the charges would be dismissed upon her completion of the program. BOISE, Idaho Boise Police Department Chief Ryan Lee resigned from his position on Friday, at the request of Boise Mayor Lauren McLean, effective Oct. 14. Id. James Conroy officially began his new role July 29 and was sworn in Aug. 2, taking over for Capt. 60). She also claimed that she was being retaliated against for speaking out about her preferred candidate for Police Chief. (Doc. The Court will analyze each instance of Plaintiff's speech separately, and determine whether the speech was on a matter of public concern. (Doc. According to the project schedule cited in CPSMs proposal, the audit could take about seven months to complete. 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. 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. Therefore, they contend that the speech is not properly characterized as political in nature, or afforded the First Amendment protection as Plaintiff alleges. The school is required to report the. ROSWELL - The Tuscarawas County Sheriff's Office will respond to all emergency calls in the village for now. If. The Roswell Police Department was going through "some tough times," because both the Chief of Police and the Deputy Chief of Police had recently resigned from their positions. The move by the Roswell City Council to hire a consultant comes after former members of the police department were involved in a handful of controversial incidents in the past year. at 466. When asked, she could not remember the dates of these conversations, who spoke, or what she said specifically. at 974. Mayor Mitch Belknap said he had also spoken with Patterson, who said she may not be released to come back to work until February, due to a wrist surgery. Conversations with Fellow Officers and Other City Employees. (Doc. 57 at 2-3; Doc. Associated Press In this instance, the subject matter of Plaintiff's speech was that Defendant Scifres distributed an article that offended her, and the stated purpose of Plaintiff's speech was to file a grievance against Defendant Scifres and complain about a hostile work environment. at 1203. That prompted him to make hiring and retaining officers a priority. Located in a very diverse region rich in assets, not only geographically (relief, climate), but also economic and human, the Lyon-Grenoble Auvergne-Rhne-Alpes is the latest INRAE centre to be created. (Doc. 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. 52-5 at 7:14-19; Doc. 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. Brammer-Hoelter, 492 F.3d at 1205 (citing Hom v. Squire, 81 F.3d 969, 974 (10th Cir. (Doc. Here's why. 52 at 6; Doc. Id. 57 at 2, 4; 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. Defendant Scifres was not present at the briefing, and only learned about the incident after the meeting. 52-1 at 18:2-8; Doc. Captain Helen Dunkin, commander of Roswells internal affairs office, will take over as interim chief of police on Jan. 1, 2019 according to Chief Grants internal resignation announcement. Moreno was booked into the Chaves County Detention Center on a . Roswell Police Chief Rusty Grant will resign at the end of the month, according to an internal email obtained by 11Alive investigators. While Plaintiff's speech was intended to disclose employee misconduct, its subject was not on matters of public concern. 52 at 3; Doc. 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. (Doc. 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. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). 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. 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