Civil Service Commission of Coralville v. Johnson

653 N.W.2d 533, 2002 Iowa Sup. LEXIS 179, 2002 WL 31250720
CourtSupreme Court of Iowa
DecidedOctober 9, 2002
Docket01-1005
StatusPublished
Cited by8 cases

This text of 653 N.W.2d 533 (Civil Service Commission of Coralville v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Civil Service Commission of Coralville v. Johnson, 653 N.W.2d 533, 2002 Iowa Sup. LEXIS 179, 2002 WL 31250720 (iowa 2002).

Opinion

LAVORATO, Chief Justice.

The Civil Service Commission of Coral-ville (Commission) appeals from a district court ruling reducing the disciplinary sanction imposed against Britton Johnson from termination of employment to a thirty-day suspension. Johnson" cross-appeals, contending the discipline imposed by the district court should be reduced or eliminated. On our de novo review, we reverse on appeal the decision of the district court and remand for an order reinstating the Commission’s original termination decision. Our decision on appeal disposes of the cross-appeal.

I. Background Facts and Proceedings.

Britton Johnson has been in law enforcement since 1974. In the latter part of *535 1983, he began working as a police officer with the Coralville Police Department.

In late 1994 and early 1995, a series of armed robberies of restaurants occurred in western Illinois and eastern Iowa. In November 1994, a robbery occurred at the Bonanza restaurant in Coralville. At the time, Johnson was a detective with the Coralville Police Department. In that capacity, he was assigned to investigate the robbery.

Michael Bowers, a detective with the Davenport Police Department, was also investigating the restaurant robberies. Working with Bowers, Johnson determined that Michael Constantino was a suspect in the Bonanza restaurant robbery.

Johnson, Bowers, and Donald Smith, a detective with the Davenport Police Department, interrogated Constantino at the Davenport Police Station on February 23, 1995. The interrogation lasted several hours, during which Constantino provided information about several of the robberies under investigation. In providing that information, Constantino made incriminating statements about his involvement in the Coralville Bonanza restaurant robbery.

Unbeknownst to Johnson, the Davenport detectives recorded the first ninety-one minutes of the Constantino interrogation on audiotape. Johnson did not learn of the recording until after he completed his report of the interrogation.

In May 1995, a federal grand jury indicted Constantino and three others on charges of conspiracy to obstruct commerce by robbery and extortion. Constan-tino moved to suppress the statements he made to the officers during the February 23, 1995, interrogation. Johnson testified at the hearing on the motion held before United States District Court Judge Charles Wolle in September 1995.

In his final order on pretrial motions, Judge Wolle concluded that (1) the interrogation was not coercive, (2) Constantino’s statements were voluntary, and (3) during the investigation Constantino waived his right to remain silent and his right to counsel. The judge denied the motion to suppress and the case proceeded to trial.

Johnson testified at Constantino’s federal trial. Before Johnson testified, the federal prosecutors failed to give Constanti-no’s lawyer copies of Johnson’s grand jury testimony and Johnson’s notes of the February 23, 1995, interrogation. This failure constituted a Jenks Act violation and resulted in a mistrial. Constantino then entered an Alford, plea on November 16, 1995, and was released from custody.

One day after his release from federal custody, Constantino was arrested and charged in state court with first-degree robbery of the Coralville Bonanza restaurant. In February 1996, District Judge Larry Conmey suppressed Constantino’s statements made during the February 23, 1995, interrogation. The judge determined that Constantino made an unambiguous request for counsel during the interrogation, after which the detectives should have terminated the interrogation and Constantino should have been provided with an attorney. Judge Conmey did not rule on the voluntariness of Constantino’s statements made during the interrogation. A week after the judge’s ruling, a jury acquitted Constantino of the robbery charge.

On February 13, 1998, Constantino filed a civil suit against Johnson and the City of Coralville. In the suit, Constantino alleged that he was subjected to false arrest, false imprisonment, and malicious prosecution, among other wrongs, as a result of his interrogation, arrest, and prosecution for the robberies. Several days before the suit was filed, Constantino’s lawyer sent a *536 demand letter to the City, detailing the allegations of misconduct against Johnson.

After reviewing the petition, Coralville’s chief of police, Barry Bedford, determined it contained allegations of wrongdoing significant enough to warrant an internal affairs investigation. On February 20, 1998, Chief Bedford advised Johnson of the lawsuit and told him an internal affairs investigation into his conduct was warranted.

The City of Coralville settled with Con-stantino less than six weeks after the suit was filed, without filing an answer. The settlement upset Johnson and prompted him to file suit against the City, its insurer, and various other defendants because Gonstantino’s suit was settled without an answer or trial. See City of Coralville v. Iowa Dist. Ct., 634 N.W.2d 675, 677 (Iowa 2001).

On April 6, 1998, shortly after the City’s settlement with Constantino, Chief Bed-ford ordered an internal affairs investigation of Johnson. The chief designated Lieutenant Ron Wenman as the primary investigator. During the investigation, Johnson responded to allegations in writing and in person. Wenman completed his final report on January 20,1999.

In his April 6,1998 order, Chief Bedford listed fifteen allegations of misconduct against Johnson, all based on claims made by Constantino in his lawsuit against Johnson and the City. The chief added two allegations. Wenman added three allegations, bringing the total to twenty.

Wenman’s report sustained thirteen allegations, sustained in part one allegation, and did not sustain six allegations. The report recommended that the chief discharge Johnson. Chief Bedford approved the report on January 22, 1999. On the same day, the chief notified Johnson that he — the chief — intended to discharge him. On March 29, 1999, Johnson received a written notice of discharge.

Johnson appealed the discharge to the Civil Service Commission pursuant to Iowa Code chapter 400 (1997). In November 1999, the Commission upheld the discharge. Several days later, Johnson appealed the Commission’s ruling to the district court, pursuant to Iowa Code section 400.27.

In February 2001, the district court heard several days of testimony. Several months later, the court ruled. Of the fourteen allegations that had been sustained in Wenman’s final report, approved by the chief and upheld by the Commission, the court sustained only three of them — allegations 6 (sustained in part), 18, and 19.

Allegation 6 stated, “Officer Johnson untruthfully reported in official reports and sworn testimony, misrepresenting statements by Michael Constantino.” The district court divided this allegation into eight subparts, A through H. It sustained only subpart “A,” which related to Johnson’s report of Constantino’s alleged request for an attorney.

Allegation 18 related to a search warrant Johnson obtained on November 30, 1994.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mitchell v. City of Cedar Rapids
926 N.W.2d 222 (Supreme Court of Iowa, 2019)
State v. Pona
Superior Court of Rhode Island, 2011
Essex County Sheriff's Department v. Essex County Correctional Officers Ass'n
27 Mass. L. Rptr. 487 (Massachusetts Superior Court, 2010)
Lewis v. CIVIL SVC. COM'N OF CITY OF AMES
776 N.W.2d 859 (Supreme Court of Iowa, 2010)
City of Boston v. Boston Police Patrolmen's Ass'n
824 N.E.2d 855 (Massachusetts Supreme Judicial Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
653 N.W.2d 533, 2002 Iowa Sup. LEXIS 179, 2002 WL 31250720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/civil-service-commission-of-coralville-v-johnson-iowa-2002.