Brown v. City of Trenton

867 F.2d 318, 1989 WL 8990
Court of Appeals for the Sixth Circuit·Decided February 9, 1989·No. No. 87-1250·Published·Cited by 37 cases

Opinion

DAVID A. NELSON, Circuit Judge.

Reprimanded for publicly airing grievances associated with their police chiefs perceived lack of support for an emergency response team of which they were members, four patrolmen employed by the City of Trenton, Michigan, sued the chief of police, the mayor, and the city under 42 U.S.C. § 1983 for allegedly abridging their freedom of speech in violation of the First and Fourteenth Amendments.

The United States District Court for the Eastern District of Michigan (Richard F. Suhrheinrich, J.) found that the plaintiffs’ criticisms of their chief could not fairly be characterized as “speech on a matter of public concern.” See Connick v. Myers, 461 U.S. 138, 146, 103 S.Ct. 1684, 1689, 75 L.Ed.2d 708 (1983). The criticisms, in Judge Suhrheinrich’s view, involved nothing more than “issues of internal police affairs which are not protected by the First Amendment in this context.” The plaintiffs’ lawsuits were dismissed on motion for summary judgment, and the plaintiffs have appealed. Finding ourselves in agreement with the district court’s application of Connick v. Myers, we shall affirm the dismissal.

I

Under date of May 29, 1985, six disgruntled patrolmen, four of whom are plaintiffs here, signed a letter to Trenton Police Chief William Lilienthal. The letter notified Chief Lilienthal of the patrolmen’s desire to withdraw from the city’s Emergency Response Tactical Team (ERTT), but not from the police force itself. The letter then went on to explain why the officers were, as they put it, sufficiently “fed up” to quit the team:

“What we are fed up with, is the internal strife from within our own department, the talk of current and upcoming grievances regarding the E.R.T.T. program, the inability of your office to take a firm stance against anti-E.R.T.T. complainers and the constant reminders from you about how much money we cost and the headaches you endure because of our existence in the E.R.T.T. program. Each of the above conditions can be handled by us on a separate basis, but its [sic] the culmination of them all that continually beats us down.
“Why all of a sudden, are the gripers hellbent on singling out the E.R.T.T. program? Is it jealousy, is it fear that future advancements within this department might hinge on whether or not an individual is S.W.A.T. certified, or is it fear that E.R.T.T. officers will get more than their share of overtime? Whatever the reasons, they certainly were not initiated by us. We got involved in this program because of our desire to be a part of a unit that is desperately needed in the area. For you to remind [320]*320us of the financial burden and the mental stress that the E.R.T.T. program causes you, reminds us that this is your baby and you claim to have been instrumental in its inception.
* $ % * * *
“Another reason for our disgruntled attitude is your most recent decision to disregard a total E.R.T.T. activation for the Mazda Plant dedication. To coordinate a dignitary protection plan, such as the one needed for the dedication, the people responsible for the planning felt it necessary to get a commitment of approximately 50 E.R.T.T. personnel who are trained in dignitary protection. Being that the M.A.T.F. does not have that many E.R.T.T. officers, requests were made to departments outside of the M.A. T.F. for manpower. The M.A.T.F. chiefs of police adopted a separate activation policy for situations calling for S.W.A.T. certified officers. Hopefully, your second guessing of another department’s request, won’t have a retaliatory effect on future M.A.T.F. requests from our department.
“Your decision to send only one certified E.R.T.T. officer because of fear of union retaliation, was certainly not a take charge type decision in our minds. We were told by Lt. Elgin that you feared that officers would abuse sick time, like what was allegedly done while the last S.W.A.T. school was in session, as a means of protest. If sick time abuse is occurring, we should not be penalized by not being activated, rather you should seek out the abusers and take action.
******
“Even though we are requesting withdrawal from the E.R.T.T. program, we still intend to maintain our S.W.A.T. certification by attending certification sessions on our own time with no requests for compensatory time. It is possible that we may have a future administration of this department that will see the need for this unit and will staunchly support our existence regardless of the gripers. Hopefully, this future administration will not place the blame of financial woes and union problems on this program.
“Because of the above recent developments in this department, we no longer feel we can effectively and efficiently perform our duties in the E.R.T.T. program. We expect that you will want us to return the equipment (those of us that received certain equipment) you provided us. We will return the equipment bags, boot knives, mini-mag flashlights, and shoulder holsters, upon your request. You will understand, of course, that we intend to keep the hundreds of dollars of equipment that we purchased with our own money. Also, if it were possible we would give to you the inconvenience and grief that our families endured because of the long days of training and the times we were activated in barricaded gunman situations.”

Carbon copies of the letter were shown as going to Mayor George Mans, the Trenton City Council, and two members of the police department of the nearby municipality of Lincoln Park.

Police Chief Lilienthal acknowledged receipt of the officers’ letter and accepted their resignations from ERTT. He subsequently brought charges against the officers for violating provisions of the Trenton City Code that prohibit police officers from “publicly criticizing orders given by a superior officer” and “communicating or giving information to any person concerning the business of the police department, which is detrimental to the police department.”

Only one of the officers, Patrolman Gerald R. Brown, contested the charges. May- or Mans convened a disciplinary hearing in Patrolman Brown’s case and issued findings on January 14, 1986. The mayor found that Patrolman Brown had signed and circulated the letter in question; that the letter was critical of the police chief on departmental matters; that the criticism was detrimental to the department; and that by disseminating the letter, officer Brown had violated subsections (20) and (21) of section 26-25(a) of the Trenton City Code. The mayor ordered that a letter of [321]*321reprimand be placed in officer Brown’s personnel file for a period of eighteen months. .The mayor accepted nolo contendere pleas from the remaining five patrolmen, and letters of reprimand were placed in their personnel files for one year.

Patrolman Brown brought suit under § 1983, and his action was followed by two lawsuits brought on behalf of three of the other five signatories. The cases were consolidated, and the district court ruled in favor of the defendants on cross motions for summary judgment. This appeal followed.

II

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Brown v. City of Trenton, 867 F.2d 318, 1989 WL 8990 (6th Cir. 1989).

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