McGunigle v. City of Quincy

835 F.3d 192, 41 I.E.R. Cas. (BNA) 1057, 2016 U.S. App. LEXIS 16140, 2016 WL 4570420
CourtCourt of Appeals for the First Circuit
DecidedAugust 31, 2016
Docket15-2224P
StatusPublished
Cited by31 cases

This text of 835 F.3d 192 (McGunigle v. City of Quincy) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGunigle v. City of Quincy, 835 F.3d 192, 41 I.E.R. Cas. (BNA) 1057, 2016 U.S. App. LEXIS 16140, 2016 WL 4570420 (1st Cir. 2016).

Opinion

THOMPSON, Circuit Judge.

Plaintiff-appellant Joseph McGunigle (McGunigle), a former Quincy police officer, brought this action against the City of Quincy, Chief of Police Paul Keenan (Chief Keenan), and Captain John Dougan (Captain Dougan) (collectively, appellees), claiming, among other things, that appel-lees retaliated against him for protected speech in violation of his First Amendment rights. The district court granted appel-lees’ motion for summary judgment. After careful consideration, we affirm.

I. BACKGROUND

As required when reviewing an order granting summary judgment, we summarize the facts in the light most favorable to the non-moving party — here, McGunigle. Del Valle-Santana v. Servicios Legales De P.R. Inc., 804 F.3d 127, 128 (1st Cir. 2015).

A. The Long Road to Here

This case has a long, circuitous history. It begins in 2006 with a neighborhood disagreement about leash laws, and culmi *196 nates a decade later with alleged witness intimidation. Because this history provides essential context for our decision, it is necessary for us to go into some detail here. Bear with us.

B. McGunigle’s Dog Ordinance Crusade

In the fall of 2006, McGunigle and his wife, Dianne McGunigle (Dianne), bought a waterfront home in Quincy, Massachusetts. Purchasing an oceanfront house had been a lifelong dream of the McGunigles. Unfortunately, after moving in, they began witnessing multiple violations of Quincy’s dog ordinances. The ordinances require dog owners to keep their dogs leashed and to clean up after them, but apparently were not readily enforced on the beach across from their house. McGunigle claims that his neighbors frequently “allowed their dogs to roam the neighborhood” and to defecate on the beach. Tensions between McGunigle and his neighbors over the dog ordinances escalated, finally coming to a head in early 2007 when an unleashed Great Dane attacked McGunigle’s dog, and an unleashed Golden Labrador attacked his wife and “lunged” at a woman holding her six-month-old child.

In response to the later incident, a “dog hearing” was held at the Quincy Police Department. As best we can tell, this hearing was essentially a neighborhood mediation, facilitated by Captain Dougan. McGu-nigle was allowed to attend the hearing, but only if he changed out of his police uniform since he was not representing the police department at the hearing. He declined to change and did not attend. His wife, Dianne, did go and testified, along with other members of the community. At the conclusion of the hearing, the Golden Labrador’s owner agreed to keep her dog on an expandable leash and to enroll him in dog training courses.

Apparently unhappy with the outcome of the hearing, McGunigle went to Captain Dougan’s office “shortly after” to speak with him about the ordinance issue. McGu-nigle wanted to show Captain Dougan a videotape that, he claimed, disproved the testimony of some of his neighbors at the hearing as to whether the Golden Labrador was' let off its leash. Captain Dougan declined to watch the video, and told McGunigle that it was too late to present additional evidence because the hearing was over. During this conversation, McGu-nigle was in uniform and on duty.

Frustrated by the continued lack of enforcement of the dog ordinances, the McGunigles continued their campaign against what they perceived to be a policy of non-enforcement. They reported violations of the dog ordinances to Quincy Animal Control Officer Don Conboy, and wrote numerous letters to the Mayor of Quincy, various city councilors, and the press, expressing their concerns. By May 2007, McGunigle had decided to take matters into his own hands, and he began issuing citations for violations of the dog ordinances to a number of his neighbors. Most of the neighbors who received citations from McGunigle had testified adversely to his wife at the hearing. The citations were issued by McGunigle in his capacity as a Quincy police officer.

McGunigle’s neighbors complained to the then-Chief of the Quincy Police Department, Robert Crowley. Chief Crowley ordered McGunigle to stop writing dog-ordinance citations to his neighbors and while off-duty. McGunigle initially complied with the order. But about a month later, McGunigle started issuing citations anew, which prompted his neighbors to again voice complaints to police leadership about McGunigle’s harassment. For example, one neighbor, who received a citation after walking her dog on private property, *197 called Captain Dougan in tears explaining “that she felt that Officer McGunigle was using his authority to intimidate her.” Another neighbor claimed that she received a citation from McGunigle for having her dog unleashed “but at the time the ticket was written [she] was at work and [her] dog was home all day.” After receiving these complaints, Chief Crowley suspended McGunigle for five days for insubordination for violating his order to stop issuing citations.

In support of McGunigle, the union challenged his suspension, arguing that Chief Crowley’s order was unlawful because it ran afoul of McGunigle’s oath to enforce city ordinances. An arbitrator ultimately concluded that there was not just cause to discipline McGunigle because the City of Quincy failed to respond to the union’s inquiry into the lawfulness of the order. Accordingly, the arbitrator vacated the suspension, finding that McGunigle could not be suspended “for violation of an order whose lawfulness had not been determined before [he] was suspended.”

By early September 2007, the press had picked up on the growing controversy. 0’n September 15, 2007, WHDH Channel 7 News aired a television report about the dog ordinances, the lack of enforcement, McGunigle’s crusade, and his suspension. During the broadcast, McGunigle was shown making the following statement: “I’m just doing my job, you know, trying to make the neighborhood safe and, uh, enforcing some violations down there to make it cleaner.” He later added: “We’re not quitting; we’re just beginning to fight.” McGunigle was off-duty, in plain clothes, and was standing in front of his house when he was interviewed. But when the first statement aired, the screen caption read “Officer Joseph McGunigle, Quincy Police Dept.”

A little over a week later, the Boston Globe ran a story on McGunigle’s dispute with his neighbors. Identifying McGunigle as a Quincy police officer, the article reported that McGunigle had “issued about 11 citations, with fines of $50 to $100” to his neighbors, and credited McGunigle with declaring that the dog ordinance violations have been tolerated for years and that he “won’t put up with it.” McGunigle was quoted as saying that he had “paid $620,000 for [his] oceanfront home” and that he was “not letting dogs [defecate] on [his] yard.” (second alteration in original). The article also reported allegations by McGunigle’s neighbors that he was harassing and intimidating them. One neighbor was quoted as saying that he was issued a citation even though he did not own a dog (his girlfriend did). The article noted that McGunigle had “acknowledge[d] videotaping” his neighbors, tearing down a neighbor’s fence when he realized it was on his property, and that he had previously been suspended from the police force.

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Bluebook (online)
835 F.3d 192, 41 I.E.R. Cas. (BNA) 1057, 2016 U.S. App. LEXIS 16140, 2016 WL 4570420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgunigle-v-city-of-quincy-ca1-2016.