Amirault v. City of Malden

335 F. Supp. 3d 111
CourtDistrict Court, District of Columbia
DecidedSeptember 28, 2018
DocketCIVIL ACTION NO. 16-10158-JGD
StatusPublished

This text of 335 F. Supp. 3d 111 (Amirault v. City of Malden) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amirault v. City of Malden, 335 F. Supp. 3d 111 (D.D.C. 2018).

Opinion

Judith Gail Dein, United States Magistrate Judge

I. INTRODUCTION

The plaintiff, John Amirault ("Amirault" or "Plaintiff"), has been employed by the City of Malden, Massachusetts (the "City"), for over 36 years, and as a law enforcement officer for over 31 years. At all relevant times, up until the present, he has held the rank of Captain. Effective November 1, 2015, Amirault was involuntarily removed from his position as the Head of the Department's Detective Unit, and was assigned to fill the Police Department's newly created position of Manager of Accreditation. Amirault claims that the reassignment took him out of the mainstream of detective work and deprived him of the ability to earn overtime pay, and that the job change was made in retaliation for statements he made during the course of two investigations in which he uncovered evidence of possible misconduct by City officials. As described herein, these matters are known as the "Henry matter" and the "YMCA investigation."

On March 20, 2017, this Court dismissed Counts I and III of Amirault's Complaint against Malden's Chief of Police, Kevin Molis, in which Amirault had purported to *114bring claims pursuant to 42 U.S.C. § 1983 and the Massachusetts Civil Rights Act, Mass. Gen. Laws ch. 12, § 11I, for violating his First Amendment right to free speech. (Docket No. 35). This matter is presently before the Court on "Defendant's Motion for Summary Judgment" (Docket No. 52), by which the City of Malden is seeking judgment on Count II of Plaintiff's Complaint in which he alleges that the City violated his rights under the Massachusetts Whistleblower Act, Mass. Gen. Laws ch. 149, § 185. For the reasons detailed herein, the City's motion for summary judgment is ALLOWED IN PART and DENIED IN PART. Amirault may proceed on his whistleblower claims based on the Henry matter. Summary judgment shall enter in favor of the City on Count II to the extent it relates to the YMCA investigation.

II. STATEMENT OF FACTS 1

The following facts are undisputed unless otherwise indicated.

Overview

Amirault has been employed by the Malden Police Department for over 30 years. (DF ¶ 2). In March 2013, Plaintiff, then a Captain, was assigned to serve as the Head of the Department's Detective Division. (DF ¶¶ 4, 6; PF ¶ 147). As the Head of the Detective Division, Amirault had oversight over all major cases that occurred in the City of Malden. (DF ¶ 7; PF ¶ 148). In November 2014 and April 2015, he became involved in the investigation of two separate criminal matters, the "Henry matter" and the "YMCA investigation." (DF ¶¶ 23, 75; PF ¶ 151). On October 7, 2015, Plaintiff was informed that he would be transferred to the newly created position of Accreditation Manager. (PF ¶ 227). Plaintiff alleges that he was involuntarily transferred as retaliation for his involvement in the Henry matter and the YMCA investigation. (See Compl. (Docket No. 1) at ¶¶ 76-79). It is undisputed for purposes of this motion for summary judgment that the transfer to the position of Accreditation Manager was an adverse employment action as it represented a significant loss in pay and most officers "would not want to be assigned" to the position. (PF ¶¶ 230-31; DR ¶¶ 230-31).

The Henry Matter

On or about November 17, 2014, the Director of Malden's Planning, Inspections & Permits ("PIPS") Department, Chris Webb ("Director Webb"), reported that a city check had been stolen. (DF ¶ 23). Plaintiff claims that he was informed by Director Webb that the check was last seen on the desk of PIPS employee Enos Henry2 and that the surveillance camera near Mr. Henry's office had been disconnected. (PF ¶¶ 151, 159-60). Director Webb also stated that Mr. Henry had worked in *115the City's IT department at the time the cameras were installed. (PF ¶ 160).

The check was discovered to have been cashed on November 8, 2014 by Jennifer Degand Rene. (DF ¶ 25). The Malden Police arrested Ms. Rene on February 2, 2015 and she implicated Mr. Henry in the theft of the check, stating that he had provided her with the check and agreed to pay her if she cashed it. (DF ¶¶ 28-29; PF ¶ 162).

Given the fact that a City employee was implicated in the crime, Plaintiff contacted Chief Molis to brief him on the case. (PF ¶ 163; DF ¶ 32). Chief Molis and the Mayor of Malden, Gary Christenson, met with Amirault in Molis' police cruiser in the station garage.3 (PF ¶¶ 163-64; DF ¶¶ 35-36). Plaintiff updated Chief Molis and the Mayor about the investigation. (DF ¶¶ 36-37; PF ¶ 164). Chief Molis asked Plaintiff several questions, but the nature of his questions and the Mayor's level of participation in the discussion are disputed.4 (PF ¶ 164; DR ¶ 164; DF ¶¶ 37-38; PR ¶¶ 37-38).

On February 3, 2015, Mr. Henry was brought in for questioning, and he ultimately confessed to violating PIPS protocols and knowing Ms. Rene. (DF ¶ 39; PF ¶ 166). The same day, Amirault met with City Solicitor Katherine Fallon, Director Webb, and the City's Personnel Director Eleanor Cushing. They determined that there was "just cause" to terminate Mr. Henry and that Mr. Henry should also be issued a no trespass notice to prevent him from accessing City property. (PF ¶¶ 167-69). However, at the recommendation of the Mayor and Chief Molis, Mr. Henry instead was suspended and issued a no trespass notice. (PF ¶ 172; DF ¶¶ 41-42; Pl. Ex. Y).

On February 6, 2015, Director Webb reported that another City employee had been contacted by Mr. Henry in an attempt to smuggle checks back into the PIPS Department. (DF ¶ 44; PF ¶ 173). Based on this information the Malden Police conducted a search of Mr. Henry's home where they allegedly uncovered seventy-six additional checks totaling over $16,000.00. (DF ¶ 46; PF ¶ 174). While officers were executing the warrant, Mr. Henry was discovered attempting to remove or destroy evidence and was subsequently arrested. (DF ¶ 47; PF ¶ 175). Upon hearing of Mr. Henry's arrest, City Solicitor Fallon drafted a termination letter. (PF ¶ 176). The Mayor was allegedly upset over City Solicitor Fallon's unilateral actions, reportedly stating that he "did the hiring and firing, not her." (Id. ¶ 178). Together with his Chief of Staff, the Mayor rewrote the letter, terminating Mr. Henry's employment on or about February 11, 2015. (DF ¶ 49; PF ¶¶ 177-80).

On February 10, 2015, Plaintiff appeared before the Malden City Council to discuss the allegations against Mr. Henry. (PF ¶ 181; DF ¶ 50). Afterward the Council approved an outside audit of the PIPS

*116Department to be performed by the accounting firm BlumShapiro.

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Bluebook (online)
335 F. Supp. 3d 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amirault-v-city-of-malden-dcd-2018.