The defendants moved to dismiss or in the alternative for summary judgment. As our analysis of the status of O'Donnell's letter demonstrates, it is by no means clear whether that letter is legally protected, so that any unlawfulness in Soulsby's acts in (allegedly) securing O'Donnell's demotion was not "apparent." And, as to the discipline and morale of the Police Department, the frequent media criticism of the Department's (and Soulsby's) performance in the weeks preceding O'Donnell's letter had doubtless already taken its toll. When we decided to do an Oktoberfest for the maintenance staff, I told Phil that we should boil the Brats in beer before grilling it. The following day, Soulsby and Barry demoted O'Donnell to the rank of captain, and ordered him to a comparatively low position as district patrol supervisor. In the absence of any such allegation, we must assume that any adverse action taken against him as a result of his conversation with Soulsby occurred because of a legitimate disagreement about policy, and so was permitted by Hall. O'Donnell claims that his transfer from the job of Deputy Chief of Police for Investigative Services to the (less desirable) job of head of the Department's Property Division, followed by his demotion to the rank of captain and the position of district patrol supervisor, violated his free speech and due process rights under the Constitution. The report also criticized the Mayor's poor response to the scandal surrounding the Soulsby-Hennessy agreement, and said that senior executives in the Homicide Branch believed that the reassignment of Captain Hennessy was unjustified and had damaged the Police Department. Officially making the move in 1994, O'Donnell worked as a musician, playing guitar with many artists including Craig Morgan, Jeff Carson, Kevin Denney, Johnny Lee, and Sherrie Austin. Share it with your friends! According to O'Donnell, Soulsby "responded angrily that the article was untrue and ordered that nothing should be done to investigate the allegations." O'Donnell, who won one Scotland cap, began his career with Motherwell as a 17-year-old and rejoined the club in 2004 after spells with Celtic and Sheffield Wednesday. We have already outlined the nature of the interests on the employee's side of the equation. Nor may O'Donnell sue purely on the basis of the stigma associated with being fired; the Court found in Paul v. Davis, 424 U.S. 693, 96 S. Ct. 1155, 47 L. Ed. He said: 'When you hear of things like this, with Marc-Vivien Foe and the Spanish lad at Seville [Antonio Puerta] recently, you regard it as a shock because footballers tend to be so fit. Hennessy is a "cop's cop"; he is a true leader. O'Donnell's conversation with Soulsby about the Ballou High School speech also seems to have been motivated at least in part by personal grievances. O'Donnell began his career with the Police Department almost three decades ago, in 1969. Published by The Washington Post from Oct. 21 to Oct. 22, 2005. Supposedly, O'Donnell was punished for disagreeing with Soulsby's order that nothing should be done to investigate allegations that 123 murders of African-American women had gone unsolved, even though a serial killer might be at large--suggesting that O'Donnell was challenging a severe breach of the public trust. The District argues that, under Hall, Soulsby was entitled to transfer O'Donnell on the basis of the policy differences this (asserted) conversation revealed. O'Donnell denied that Hennessy was the source of the news report, and added that the Homicide Branch was aware of the unsolved homicides and was already conducting an investigation. The second Roth exception turns on the combination of an adverse employment action and "a stigma or other disability that foreclosed [the plaintiff's] freedom to take advantage of other employment opportunities," Roth, 408 U.S. at 573, 92 S. Ct. 2701; it differs from the first in that it does not depend on official speech, but on a continuing stigma or disability arising from official action. Because both elements of the governmental-interest analysis are thus at their height, we must perform our analysis with especial caution, to avoid shortchanging the interests on either side of the equation. All Credits Audio Production Banjo Bouzouki Composer Composer/Lyricist Digital Editing Dobro Guitar Guitar (Acoustic) Guitar (Electric) Harmonica Jew's-Harp Lyricist Main Personnel Percussion Primary Artist Producer Programmer Vocals (Background) 2022. The speech of public employees like O'Donnell enjoys considerable First Amendment protection; the Supreme Court has "unequivocally rejected" the proposition that public employees "may constitutionally be compelled to relinquish the First Amendment rights they would otherwise enjoy as citizens to comment on matters of public interest." On September 23, 1996, O'Donnell brought suit against the District of Columbia, against Police Chief Soulsby and Mayor Barry in their official capacities, and against Soulsby in his individual capacity. He taught at universities in South America, Europe, and the United States (principally the University of Notre Dame) and wrote many books on Latin American authoritarianism and . He won a Scottish Cup winner's medal after scoring with a diving header to put Motherwell 2-1 up in a 43 victory over Dundee United in the final that year. On July 18, 1996, in the midst of these events, the Washington Post published a letter to the editor by O'Donnell, which said: I am writing to confirm the credibility of Capt. Furthermore, O'Donnell's new job demonstrates that the stigma he suffered cannot have been too disabling. . Although O'Donnell can point to isolated defamatory statements and to a demotion, he cannot demonstrate that the two occurred together; only defamation that is "accompanied by a discharge from government employment or at least a demotion in rank and pay" is actionable. These claims are not really distinct under applicable due process law, and they are in any event too broad. 2d 315 (1987), that we must consider "whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker's duties or interferes with the regular operation of the enterprise." at 263, we consider whether the employee's job relates to policy matters, and whether the employee has "broad responsibilities with respect to policy formulation, implementation, or enunciation." 1988). Id. Phil "Philbilly" O'Donnell - Bio. For example, on July 14, 1996, the CBS television program 60 Minutes ran a report that said that the Police Department had performed poorly under Soulsby and that (in O'Donnell's words) Soulsby had "low credibility." O'Donnell played for Motherwell, Celtic and Sheffield Wednesday over the course of his career. "The contours of the right must be sufficiently clear that a reasonable officer would understand that what he is doing violates that right. Government action that has the effect of "seriously affect [ing], if not destroy [ing]" a plaintiff's ability to pursue his chosen profession, Kartseva, 37 F.3d at 1529 (quoting Greene v. McElroy, 360 U.S. 474, 492, 79 S. Ct. 1400, 3 L. Ed. Requiring a demotion or firing to trigger a defamation claim also helps to limit the scope of permissible due process claims to a small set of truly serious claims, thus limiting the constitutionalization of tort law. While playing for Everton, James McFadden, a former Motherwell player, dedicated his goal to O'Donnell in Everton's 20 win at Middlesbrough by pointing solemnly to his black armband and then towards the sky. The district court did not reach this question; we do, and we agree with the District. In the meantime, according to O'Donnell, he was doing an exemplary job of running the Property Division. 1988). These submissions are made on behalf of Phil O'Donnell, Graeme Sleeman and BVC ("collectively known as the LH Witnesses") and are made in reply to the Submissions lodged by Counsel Assisting the Commission dated 10 June 2016 ("CA submissions"). An official is entitled to qualified immunity unless she has violated a clearly established right. We now turn to O'Donnell's letter to the editor. The value of a communication to the public hinges on the extent to which a reasonable member of the public would give it weight in deciding issues of public importance. 3. Roth, 408 U.S. at 573, 92 S. Ct. 2701. What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? If the speech is not of public concern, it is unnecessary to scrutinize the basis for the adverse action absent the most unusual circumstances." O'Donnell then spent several months off the job because of a heart condition. Phil O'Donnell's wife Eileen with daughters Megan and Olivia. The letter appears to be in that small category of speech by public employees that has a high potential both to cause disruption and to inform the public. We note, however, that the right to regulate an officer's speech is not absolute, see Biggs v. Village of Dupo, 892 F.2d 1298, 1303 (7th Cir. He has particular knowledge of the LED market, having worked for Color Kinetics as . Artist. Phil O'Donnell's children Megan , Olivia , Christopher and Luc line up as mascots with family friends. It claims that this renders him a "key deputy" under Hall. Jo Anne Robinson, Principal Deputy, entered an appearance. Players on the field, including his team-mate and nephew David Clarkson, were visibly shocked by the incident and O'Donnell received treatment for about five minutes before being carried from the pitch on a stretcher to a waiting ambulance outside Fir Park where he was taken to Wishaw General Hospital. 1995) (finding that a police department permissibly demoted a sergeant for sending a confrontational letter to another police department on official letterhead without first clearing the letter with the chief of police, as required by police department policy). "Speech that concerns issues about which information is needed or appropriate to enable members of society to make informed decisions about the operation of their government merits the highest degree of first amendment protection." See Mt. To turn to the public-concern side of the equation, O'Donnell's letter makes two principal points: it observes that Hennessy's transfer out of the Homicide Branch hurt the Branch, and it endorses the credibility of Hennessy and questions that of Soulsby. Phil ODonnell joined the firm in 1994, becoming a partner in 2008. Although he has moved from a large city to a town (Washington's population is over 500,000, as against Brunswick's population of 6,000), he has moved up in the ranks; he is now chief of police. 1995) (concluding that a firing without any associated public statements is not actionable). [21] The club received hundreds of written tributes from fans as far as Korea and Ukraine, as well as many emotional messages from Sevilla FC, comparing O'Donnell's death to the similar fate of their player Antonio Puerta that August. Hall gives employers considerable leeway to ensure that high-level officials toe the party line, but it does not give them unchecked power to silence them. However, the reach of this protection is not unlimited. All rights reserved. To plant trees in memory, please visit the. The district court concluded that O'Donnell's memos to and discussions with Soulsby were all on topics of public concern, but that the letter to the editor was not. For instance, had the athletic director in Hall been punished merely for suggesting to the university's board of directors that one of his subordinates had committed a grave act of embezzlement, the result in that case might have been different. 2d 708 (1983), the Court considered the case of an employee of the New Orleans District Attorney's office, who, dissatisfied with her impending transfer, circulated a questionnaire that asked a series of general questions about levels of office morale and the confidence employees had in their supervisors. Phil O'Donnell is known for 1998-99 Uefa Cup (1998). [17], Players on 30 December in Premier League matches between Derby County and Blackburn Rovers and Manchester City and Liverpool, wore black bands in his honour. ODonnells songwriting credits include George Straits 60th No. Kartseva was disqualified, for unknown but potentially serious reasons, from an uncertain and perhaps broad range of government employment; we found this to be potentially sufficiently stigmatic to render her unemployable in much of her field. We address these two issues in that order. View the profiles of people named Phil O'Donnell. The district court concluded that O'Donnell's letter to the editor was not on a subject of public concern because it "related to long-standing internal disputes among O'Donnell, Hennessy, and Soulsby, and not to matters of public concern about the structure, management, or policies of the Department," and did not contain any "information to educate or inform the public about the operation of the MPD other than to air Plaintiff's personal grievances." Each of O'Donnell's memos to Soulsby involved important issues of Police Department policy--questions of how to rank the Department's law-enforcement priorities, and how to reform the operations of the Property Division (which were, O'Donnell claims, later shown by news reports to be in some need of reform). Many of the facts he recounts are fiercely contested by the defendants; however, because the plaintiff's claims must be taken as true on a motion to dismiss, and the facts on the basis of which the district court granted summary judgment are not contested, we assume them to be true for purposes of the appeal as well. Mosrie v. Barry, 718 F.2d 1151, 1161 (D.C. Cir. O'Donnell ended up with a job as Chief of Police of Brunswick, Maryland. O'Donnell also cites Soulsby's criticism of him in the Ballou High School speech; but O'Donnell's demotion was clearly triggered by his letter to the editor, and had no obvious link, temporal or logical, to the speech. O'Donnell gives only the vaguest account of Soulsby's reasons for opposing an investigation. Band. In the 21st century, it's not just urns and gravestones anymore. O'Donnell's letter is cast in terms of "credibility," but it is unclear how the public would have interpreted this term (or indeed what he meant by it). Expand the Memories and Condolences form. (We emphasize that we use these rules only as a framework for our analysis; by no means do we purport to import the rules of evidence wholesale into the First Amendment.) It's hard to imagine a world without Phil O'Donnell in ita much duller place, indeed. It may also be that the state of the debate was such that an informed reader would infer from O'Donnell's letter that his comments on Hennessy's and Soulsby's veracity were based not only on a general knowledge of their character, but also on personal knowledge of some of the events surrounding the Soulsby-Hennessy agreement. [25] In November 2011, a permanent memorial to O'Donnell was erected on the side of the stand bearing his name. We affirm the district court's disposition (by dismissal and summary judgment) of O'Donnell's due process claims. Join Facebook to connect with Phil O'Donnell and others you may know. You have funeral questions, we have answers. Hennessy apparently taped this conversation, and later told Soulsby that he had done so. See also. (citing Pickering, 391 U.S. at 572, 88 S. Ct. 1731). Id. O'Donnell's complaint attempts to plead two distinct due process claims. O'Donnell's letter to the editor raised two broad issues. A loss of rank, status and pay alone is not actionable under the Due Process Clause. And, just as we consider the content, manner, time and place of the speech in deciding whether it is of public concern at all, we take these factors into account in weighing the governmental interest in regulating the speech. 1983) (emphasis added). The same is true of the memos O'Donnell wrote while at the Property Division; it is hard to see how routine policy memoranda could have prompted any adverse response from Soulsby, but, if they did, it would have been the result of disagreements about policy.2. O'Donnell says that when Hennessy learned of this claim he confronted Soulsby, who admitted he had lied. If O'Donnell's memos played any role in his transfer to the Property Division (and we do not know for sure what led to that transfer), it might have been in revealing policy differences between O'Donnell and Soulsby of a kind that, under Hall, could legitimately prompt a high-level deputy's transfer out of the inner circle. As a result of the fact that he was demoted before he retired, his severance pay and payments for unused annual leave were reduced by an amount that he estimates as $11,250. The best poems for funerals, memorial services., and cards. If the public's view of the Soulsby-Hennessy pact would reasonably have been influenced by evidence as to Hennessy's (and Soulsby's) credibility, and if O'Donnell's words on that subject would have carried weight, then O'Donnell's comments might have made a sufficient contribution to the public debate to outweigh the governmental interest in his silence. First, it observed that, although the plaintiff could not sue for the nonrenewal of his contract alone, " [t]he State . 1 country hit, "That . Tao v. Freeh, 27 F.3d 635, 638-39 (D.C. Cir. Sheffield Wednesday's matches at Hull City and at home to Preston North End were preceded by a minute's applause as a mark of respect to their former player, with the Hillsborough flags flying at half mast. On these facts, O'Donnell cannot be labeled a "key deputy."1. Phil O'Donnell Architects is a broadly-based Architectural practice with over 45 years of experience in the Australian building industry. Ally McCoist commentating on the match describing him as being "brave as a lion". We do not know which reading a reasonable member of the public would have adopted, or to what extent the credibility of statements by Hennessy and Soulsby was important in the public's mind when O'Donnell wrote his letter. Philip O'Donnell. We conclude that it is not possible to decide what value O'Donnell's letter would have had to the public without a more complete record as to the state of the public debate at the time the letter was written. O'DONNELL, Philip R."Phil" Age 83, Of Mashpee, formerly of North Reading. Dad's good looks and charm, Mom's smarts and kind heart. Drawing. Once again, Soulsby said that the transfer was because Barry thought O'Donnell was a racist. are dragon fruit trees worth it osrs,

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