Greer, Ronnie B. v. Amsequa, Debra H.

212 F.3d 358
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 9, 2000
Docket99-2767
StatusPublished
Cited by2 cases

This text of 212 F.3d 358 (Greer, Ronnie B. v. Amsequa, Debra H.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greer, Ronnie B. v. Amsequa, Debra H., 212 F.3d 358 (7th Cir. 2000).

Opinion

KANNE, Circuit Judge.

Plaintiff Ronnie Greer is never shy about speaking his mind, and he doesn’t think highly of his former boss Debra Am-esqua. While he was a firefighter for the City of Madison, Wisconsin, Greer publicly condemned Amesqua’s appointment as fire department chief and attended her swearing-in ceremony carrying a protest sign. Greer already had a long disciplinary history with the fire department, and when he distributed a “news release” to local newspapers accusing Amesqua of favoritism to homosexuals and of executing a radical lesbian agenda as fire chief, the department terminated his employment. Greer sued Amesqua, the fire department and the City of Madison among others for violating his due process, equal protection and First Amendment rights in discharging him, but the district court granted the defendants’ motion for summary judgment. Greer appeals, and we affirm.

I. HISTORY

Ronnie Greer has compiled an eventful disciplinary history with the City of Madison Fire Department (“Department”) since Ms hiring in 1981. During the 1980s, Greer was reprimanded for chronic tardiness and disciplined at least twice for insubordination after shouting matches with superior officers. Greer also quarreled with Chief Earle Roberts, Amesqua’s predecessor, over two separate but related issues. Greer refused to submit to Department shaving inspections and filed a complaint with the Wisconsin Equal Rights Division (“ERD”). Around the same time, Greer told newspaper reporters that Chief Roberts and the mayor were deceiving the public by announcing that the hazardous materials protection team was ready for action. Greer told reporters that, contrary to the chief and mayor’s claim, the team was unequipped, untrained and unprepared for emergency calls. The Department removed Greer from the hazardous materials team, and Greer sued the Department for employment retaliation in violation of his First Amendment rights. The Department and Greer agreed to settle both the ERD complaint and the federal lawsuit for $18,500.

In 1996, Greer received a letter of reprimand and was docked pay for being absent without leave or permission. The Department also began disciplinary proceedings against Greer for religious speech in the workplace but later dropped the investigation. Then, Greer had an argument with Assistant Chief Fred Kinney over Greer’s misuse of sick pay and was suspended for three days. Greer appealed this suspension to the Board of Police and Fire Commissioners of the City of Madison (“PFC”), but the PFC affirmed the suspension. Finally, in late 1996, Greer disseminated a pamphlet entitled “Homosexuality: The Truth” to fellow firefighters in his station. The pamphlets referred to homosexuality as a “filthy scourge” and blamed gays for disease and child molestation. On November 27, 1996, Amesqua suspended Greer *363 for three months without pay and wrote Greer that “your disciplinary record is extremely poor. The sanction I am imposing is a last-ditch attempt 'to get you to alter your ways. You should fully appreciate that any further breaches of our standards could well result in your termination.” On June 25, 1997, after Greer appealed, the PFC noted Greer’s “uniquely abysmal and disheartening” disciplinary record, found that Greer’s pamphleteering constituted workplace harassment and upheld Greer’s suspension. The PFC commented that Greer’s record reflected his “persistent incapacity to conform himself consistently to the appropriate requirements of ordinary civil conduct” and warned that it was “not overly confident that this discipline will accomplish a change in [Greer’s] pattern of conduct. However, [the PFC is] confident that [it] will not suspend him again.”

Greer bitterly objected to Amesqua’s appointment. Greer believed that Amesqua was unqualified for the job and that the Department had hired her over more qualified candidates. Amesqua is a- Native American woman who Greer believed to be homosexual, and Greer credited her appointment to affirmative action rather than to her substantive qualifications. . Greer opposed affirmative action in the Department, and on several occasions, Greer complained personally to the mayor of Madison about hiring discrimination and Amesqua. At the press conference announcing Amesqua’s hiring, Greer told reporters that Amesqua was unqualified and the Department might have engaged in “something that was illegal” in hiring her and “purposely overlooking] other qualified candidates.” Greer also attended An-esqua’s swearing-in ceremony as the lone vocal dissenter, bearing a large placard declaring “Injustice is just wrong. ■ Not affirmative action” on its face and “When does wrong become right?” on its back. Greer admits that he has been publicly critical of Amesqua more than fifty times since her appointment:

Greer also believed that Amesqua lacked character and leadership ability because she is a lesbian. Indeed, Greer could be fairly characterized as an anti-homosexuality crusader. As pastor for the thirty-member Trinity Evangelical Church, Greer inveighed against the sins and evils of homosexuality;' One newspaper article profiling Greer described him as a “Madison firefighter whose personal mission is to wipe homosexuality from our midst” and explained that Greer has been “called a hate-monger and a malcontent unable to obey authority” by some and “a person of integrity who put his own job on the line to fight for civil rights” by others. Greer deemed homosexuality to be “a perversion, and usually sexual perversion is related to someone’s character.” He compared it to “pedophilia or some guy sleeping] around with different women when he’s married, it’s a character issue.” He questioned whether homosexuals should be permitted, to hold positions of authority because he considered homosexuality to be “destructive to the individual and. as well as society.”

All this came to a head in late 1996, less than a year after Amesqua’s appointment. On November 5-, 1996, a local television station aired video of Division Chief Marcia Holtz making physical contact and screaming at recruit Ron Cato during a training session. Six. days later, the firefighters’ union formally requested that Holtz be suspended and reprimanded for the incident with Cato. (“Holtz-Cato incident”), and Amesqua assigned Assistant Chief Bill Spohn to investigate the charge. On April 9, 1997, amid local media scrutiny, Amesqua announced that Spohn’s . investigation found Holtz’s conduct was “not unreasonable under the totality of the circumstances,” but extended Holtz’s probation for six months and ordered her to attend a leadership class.

Since Holtz is a lesbian, Greer predictably was appalled by Amesqua’s decision and suspected favoritism. On April 28, 1997, Greer faxed the following self-styled *364 “news release” to a number of local media outlets, including both major Madison newspapers:

News Release
Homosexual Chief rewards Homosexual Chief for Assault?
Fire Chief Debra Amesqua has issued a decision on the investigation of an incident involving Training Chief Marcia Holtz and a fired firefighter trainee. In the incident, recorded by WMTV News-15 in October 1996, Chief Holtz shoved and screamed at the trainee during a training exercise. An investigation was ordered and a decision based on the investigation was issued on April 9,1997. It is Chief Amesqua’s conclusion that the “questionable measures” (shoving

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