Delisle v. Brimfield Township Police Department

94 F. App'x 247
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 8, 2004
DocketNo. 02-3050
StatusPublished
Cited by23 cases

This text of 94 F. App'x 247 (Delisle v. Brimfield Township Police Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delisle v. Brimfield Township Police Department, 94 F. App'x 247 (6th Cir. 2004).

Opinions

CLAY, Circuit Judge.

Plaintiff, Paul F. Delisle, appeals from the order entered by the district court granting summary judgment in favor of Defendants, Brimfield Township Police Department, its former Chief, Robert Burgess, and, the Brimfield Township Trustee Board (“Trustees”), thereby dismissing Plaintiffs allegations of denial of his First and Fourteenth Amendment rights to religious freedom; religious discrimination and retaliation claims filed pursuant to Title VII, 42 U.S.C. § 1983, and the Ohio Rev.Code Ann. § 4112.02(A). For the reasons that follow, we REVERSE the district court’s entry of summary judgment.

I.

Plaintiff was hired as one of the original five Brimfield Township Police Department patrol officers when the department was formed in 1988. Plaintiff was subsequently promoted to sergeant in 1992 and to lieutenant in 1995. As lieutenant, Plaintiff was second in command of the police department, and reported to Defendant Chief Robert Burgess. Plaintiff served as lieutenant until December 2, 1999 when he was demoted to patrol officer by an unanimous decision of the Trustees. Until February of 1999, no formal disciplinary action had been taken against Plaintiff; and Plaintiff had only received minimal negative feedback regarding his job performance. According to Plaintiffs current supervisor, Chief Dave Thomas, Plaintiffs job performance was the same after February of 1999.

Defendant Burgess began his employment with the department in 1987, and was promoted to sergeant, captain, and ultimately to chief in 1995. Burgess is a member of the Liberty Baptist Church, where he has performed duties as an associate pastor and Sunday school teacher. Plaintiff, raised in the Catholic church, began attending Burgess’ church soon after he was hired as a patrol officer. After the relationship between Plaintiff and Burgess deteriorated, Plaintiff began attending a different Baptist church.

Plaintiff claims that he began to notice a change in Burgess’ workplace behavior in late 1998. While Plaintiff was on medical leave from the Department from late 1998 until February 18, 1999, Burgess called a mandatory meeting on December 4, 1998. Burgess admitted that the purpose of the meeting was to correct a “morale” problem within the department, purportedly caused by Officer David Blough’s social involvement with Officer Robert Scherer’s former [249]*249fiancee.1 Plaintiff contends that officers who attended the meeting, including Plaintiff, were offended by Burgess’ biblical references, and felt the meeting was designed to humiliate Officers Blough and Scherer.

In a meeting between Plaintiff and Burgess in February of 1999, Plaintiff claims that Burgess called him a “Judas” because he did not speak up at the December 4, 1998 meeting in support of Burgess, which Burgess disputes. Plaintiff also claims he told Burgess that he thought Burgess handled the meeting unprofessionally and not as a Christian. At the end of that meeting, Burgess informed Plaintiff that the administrative staff had been given pay raises by the Trustees and that Plaintiff had gotten $1,000 less than Sergeant Thomas. Burgess claims that he told Plaintiff, “I don’t give the pay raises. I have no authority to make the pay raises. I bring a suggestion to the Board.”2 Plaintiff claims he then met with Trustee Stephen Moore to talk with him about the reduction in the pay raise.

On the day Plaintiff returned from medical leave, February 19, 1999, Burgess asked Plaintiff out to lunch. Plaintiff claims that Burgess wanted to begin their lunch with a Bible reading and a prayer, but Plaintiff refused. Burgess then allegedly again referred to Plaintiff as a Judas. Burgess also allegedly expressed anger at Plaintiff for not taking a stand against the “evil in the police department.”

Later that afternoon, Burgess hand-delivered to Plaintiff an exceptionally unfavorable job evaluation; the worst he had ever received. The evaluation covered the time period from July of 1998 to December of 1998. This was an unscheduled evaluation, written on a form that had never been used in the police department, stating that Plaintiff was not meeting the expectations of his assignment and experience level. Plaintiff disputed the assertions in the evaluation, pointing out that for a portion of the evaluation period he was on medical leave.

Plaintiff claims that during 1998, Burgess frequently talked about religion in the workplace. Plaintiff claims that Burgess’ religious workplace conduct got to a point where it became so overzealous that other officers complained, and Plaintiff in turn complained to Burgess. Burgess denies receiving such complaints.

Thereafter, on July 20, 1999, Plaintiff again contacted Trustee Moore to ask what the procedures were that would enable Plaintiff to talk to Moore about “police department matters.” Moore informed Plaintiff that he must first direct the matter to Burgess, and then submit a request to speak to the Trustees, in writing, and send it to Burgess. The next day, Burgess called Plaintiff into his office and demanded to know why Plaintiff wished to speak to the Trustees. Plaintiff stated that he wished to address matters to the Trustees that he had previously tried to discuss with Burgess. Plaintiff refused to answer any more of Burgess’ questions and instead pulled a tape recorder from his pocket, turned it on, and said, “No, I [250]*250intend to speak to [Trustee] Moore at this point.” Burgess admits that Plaintiff told him that he believed his civil rights were being violated and he had hired an attorney.

By letter dated July 23, 1999, Burgess informed the Trustees that Plaintiff had become blatantly disrespectful and insubordinate, and was unwilling to adhere to the chain of command. In the letter, Burgess claimed that he called Plaintiff into his office to address any grievance that Plaintiff may have had; but Plaintiff refused. As a result of this behavior, Burgess issued two three-day suspensions against Plaintiff, one for failing to follow orders and the chain of command, and the second for failure to satisfy the grievance procedure and insubordination through threats and refusal to obey orders. Plaintiff appealed the suspensions to the Trustees, which the Trustees unanimously approved.

Plaintiff claims that on September 23, 1999, Brimfield Township Clerk, Charles Sprague, told him, “If you don’t have an attorney, you better get one. Burgess is looking to fire you.” On September 27, 1999, Plaintiff filed a charge of discrimination with the Ohio Civil Rights Commission and the Equal Employment Opportunity Commission (“EEOC”) alleging discrimination based on religion and retaliation.

By letter dated October 26, 1999, the Trustees informed Plaintiff that they expected him to “communicate with your subordinates in a manner that reflects your respect and commitment to Chief Burgess and the Department.... If you are unable to meet the Board’s expectation, then it may be in your best interest to reconsider your role within the department. ...”

On November 18, 1999, Burgess sent a letter to the Trustees outlining his problems with Plaintiff, including Plaintiffs attitude and animosity. Burgess noted that Plaintiff would not talk to the administrative staff, but would only communicate in writing.

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Bluebook (online)
94 F. App'x 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delisle-v-brimfield-township-police-department-ca6-2004.