Melvin Kindle v. City of Jeffersontown, Kentucky

374 F. App'x 562
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 15, 2010
Docket17-6151
StatusUnpublished
Cited by17 cases

This text of 374 F. App'x 562 (Melvin Kindle v. City of Jeffersontown, Kentucky) 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
Melvin Kindle v. City of Jeffersontown, Kentucky, 374 F. App'x 562 (6th Cir. 2010).

Opinions

CLAY, Circuit Judge.

Plaintiffs, Melvin Kindle, Bradley Silve-ria, and Diedra Handy,1 appeal from the district court’s order granting summary judgment in favor of Defendants, City of Jeffersontown, Clay Foreman, and Jeffer-sontown Civil Service Commission, in this action alleging that the City violated Plaintiffs’ rights under the Kentucky Whistle-blower Act, Ky.Rev.Stat. §§ 61.101-103, and that the City and the Mayor violated Plaintiffs’ rights under the First Amendment pursuant to 42 U.S.C. § 1983. For the reasons set forth below, we VACATE the district court’s order and REMAND for further proceedings consistent with this opinion.

BACKGROUND

Plaintiffs worked for the Jeffersontown Police Department (“JPD”), Kindle as a police officer and Silveria and Handy as dispatchers. On January 25, 2007, Plaintiffs were feed following a proceeding before the Jeffersontown Civil Service Commission (“JCSC” or “the Commission”). Plaintiffs were brought before the Commission after drafting and circulating a report alleging various incidents of misconduct on the part of Lieutenant Colonel Peggy Emington of the JPD, in her official capacity. Plaintiffs tendered the report to Jeffersontown Mayor Clay S. Foreman, Jeffersontown Chief of Police Colonel Fred Róemele, Emington, and members of the Jeffersontown City Council (“JCC”) as an attachment to a letter addressed to the Jeffersontown Ethics Commission (“JEC”).

In September 2006, prior to filing the report, Silveria and Handy informed Róe-mele that Emington had created a hostile work environment that had prompted them to go on medical leave. Róemele responded that he was unable to do anything with regard to Emington because his hands were “politically tied.” (Dist. Ct. R.E. 31 Ex. 1 at 13). On October 3, 2006, while both Silveria and Handy were on medical leave, seven JPD sergeants and two JPD corporals reported allegations of misconduct by Emington to Róemele, who told Foreman about the meeting.

On October 10, 2006, Plaintiffs reported to Foreman alleged violations of police department policy by Emington. Plaintiffs indicated that they had consulted an attorney and were considering filing a report pursuant to the Kentucky Whistleblower Act. Foreman told Plaintiffs to delay taking any action until after election day, which was four weeks away, because the election was consuming much of his time. Foreman asked Róemele to monitor the situation closely.

On October 27, 2006, Plaintiffs tendered the report pursuant to § 61.102 of the Kentucky Whistleblower Act2 alleging: “facts and information relative to actual and/or suspected violations of laws, ordinances, policies and procedures of the City of Jeffersontown and other authorities and jurisdictions ... [and] actual incidents and ongoing practices of mismanagement, [564]*564waste, and abuse of authority occurring within the Jeffersontown Police Department and perpetrated by Lt. Col. Peggy Emington.” (Dist. Ct. R.E. 53 Am. Compl. Ex. 3). Specifically, Plaintiffs’ report alleged that Emington: (1) violated federal and state wage and hour laws by requiring dispatchers to report for duty fifteen minutes early and not paying them overtime; (2) generated unnecessary overtime by forcing some dispatchers to work overtime so that others could attend social events with Emington; (3) violated staffing policy by leaving only one dispatcher on duty so that others could accompany Emington on Secretary’s Day; (4) failed to contribute to the retirement account of a part-time employee and then reduced that employee’s work schedule when she complained to the administration; (5) improperly used an online database to check on employees’ controlled substance prescriptions; (6) failed to qualify with her firearm; and (7) committed miscellaneous acts of mismanagement and/or abuse of authority.

On October 31, 2006, Róemele notified Foreman that pursuant to JPD Standard Operating Procedures (“SOPs”) he felt obligated to have the JPD investigate the allegations and file a written report. On November 1, 2006, Foreman responded to Róemele that the matter had been referred to the JEC and that the JPD should not conduct an investigation.

On November 20, 2006, Plaintiffs withdrew their complaint, citing retaliatory action that Jeffersontown had taken against them. Plaintiffs did not appear at the JEC hearing on November 21, 2006, which was scheduled as a result of their report. Nonetheless, the JEC reviewed and dismissed Plaintiffs’ complaint with prejudice, citing a lack of evidence establishing jurisdiction.

On November 28, 2006, Emington filed a formal complaint against Plaintiffs with Foreman, which Foreman forwarded to the JCSC. Emington’s complaint requested that Jeffersontown bring a formal personnel investigation and civil service charges against Plaintiffs and alleged that Plaintiffs violated several state laws and JPD SOPs by the manner in which they disclosed false information. On December 5, 2006, the JCSC issued a notice of hearing to Plaintiffs, advising them of then-procedural due process rights under the civil service ordinance and scheduling a hearing for December 13, 2006. The hearing was continued at Plaintiffs’ request to January 25, 2007.

After the Jefferson Circuit Court denied Plaintiffs’ motion to prohibit the JCSC from conducting the hearing, the Commission convened as scheduled. Plaintiffs appeared by counsel and informed the Commission that they had elected to pursue their claims in circuit court and would be presenting no evidence, calling no witnesses, and making no arguments. At that point, Silveria and Handy exited the hearing room; Kindle stayed in the room for the duration of the proceedings, but did not participate. After Emington completed her case and the Commission deliberated, the Commission found that Plaintiffs had violated three JPD rules and terminated Plaintiffs’ employment with the JPD. On February 5, 2009, the Commission issued written and particularized findings of fact as required under Kentucky law.

On February 26, 2007, Plaintiffs filed this action in Kentucky state court, alleging causes of action pursuant to the Kentucky Whistleblower Act and 42 U.S.C. § 1983. On March 23, 2007, Defendants removed this case to the district court. On January 9, 2009, the district court granted summary judgment in favor of Defendants. The court held that: (1) Plaintiffs’ whistleblower claim failed as a matter of law because Jeffersontown is not an employer under the Kentucky [565]*565Whistleblower Act; (2) Plaintiffs’ First Amendment claim failed as a matter of law because Plaintiffs’ speech was not on a matter of public concern; (3) Plaintiffs’ First Amendment claims against Defendant Foreman in his individual capacity failed because Foreman is entitled to qualified immunity from suit; and (4) Plaintiffs’ First Amendment claims against Foreman in his official capacity and the JCSC failed as duplicative of the claims against Jeffersontown. On January 29, 2009, Plaintiffs filed a timely notice of appeal.

DISCUSSION

I. Standard of Review

We review a district court’s grant of summary judgment de novo. Aloisi v. Lockheed Martin Energy Sys., Inc.,

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

Related

Carroll v. Nash
W.D. Tennessee, 2025
Woodall v. Bonner
W.D. Tennessee, 2025
Vinyard v. Madison County Jail
W.D. Tennessee, 2025
Hibbler v. Wynn
W.D. Tennessee, 2025
Scanlan v. Bonner
W.D. Tennessee, 2025
King v. Memphis Fire Dept.
W.D. Tennessee, 2023
Hayse v. City of Melvindale
E.D. Michigan, 2020
Scottie Bagi v. City of Parma
714 F. App'x 480 (Sixth Circuit, 2017)
Ron Klosowski v. City of Bay City
696 F. App'x 707 (Sixth Circuit, 2017)
Melvin Kindle v. City of Jeffersontown, KY
589 F. App'x 747 (Sixth Circuit, 2014)
Wilson v. City of Central City
372 S.W.3d 863 (Kentucky Supreme Court, 2012)
Whitney v. City of Milan
677 F.3d 292 (Sixth Circuit, 2012)
Thomas O'Connor v. Township of Redford
428 F. App'x 600 (Sixth Circuit, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
374 F. App'x 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvin-kindle-v-city-of-jeffersontown-kentucky-ca6-2010.