Sanders v. District of Columbia

16 F. Supp. 2d 10, 1998 WL 483529
CourtDistrict Court, District of Columbia
DecidedAugust 10, 1998
DocketCiv.A. 97-2938 SSH
StatusPublished
Cited by2 cases

This text of 16 F. Supp. 2d 10 (Sanders v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanders v. District of Columbia, 16 F. Supp. 2d 10, 1998 WL 483529 (D.D.C. 1998).

Opinion

16 F.Supp.2d 10 (1998)

Christopher SANDERS and Harry T. Hill, Plaintiffs,
v.
DISTRICT OF COLUMBIA, Marion Barry, Jr., Larry Soulsby, and Lowell Duckett, Defendants.

No. Civ.A. 97-2938 SSH.

United States District Court, District of Columbia.

August 10, 1998.

*11 *12 Michael Gerard Kane, Cashdan & Golden, Washington, DC, for plaintiffs.

Lisa Annette Bell, Office of Corporation Counsel, Washington, DC, for defendants.

MEMORANDUM ORDER

STANLEY S. HARRIS, District Judge.

Before the Court are the District of Columbia's motion to dismiss; Marion Barry, Jr.'s, and Larry Soulsby's motion to dismiss; plaintiffs' responses; and the District's and Barry's and Soulsby's replies.[1] A motion to dismiss should not be granted "unless plaintiffs can prove no set of facts in support of their claim which would entitle them to relief." Kowal v. MCI Communications Corp., 16 F.3d 1271, 1276 (D.C.Cir.1994); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). The complaint is construed liberally in plaintiffs' favor, and they are given the benefit of all favorable inferences that can be derived from the facts alleged. EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624 (D.C.Cir.1997). Upon consideration of the parties' pleadings and the complaint, the Court grants the District's motion with respect to Count II of the complaint but denies it with respect to Count I. The Court also denies Barry's and Soulsby's motion. "Findings of fact and conclusions of law are unnecessary on decisions of motions under Rule 12 or 56." Fed.R.Civ.P. 52(a); see also Summers v. Department of Justice, 140 F.3d 1077, 1079-80 (D.C.Cir. 1998). Nonetheless, the Court sets forth its reasoning.

BACKGROUND

Plaintiffs Christopher Sanders and Harry Thomas Hill are employed by the District of Columbia's Metropolitan Police Department ("MPD"). In November 1996, the MPD created the Special Emphasis Unit ("SEU") under the direction of defendant Lieutenant Lowell Duckett. Plaintiffs were selected to supervise the officers in the SEU. Plaintiffs allege that they were instructed by Duckett to include Detective Ulysses Walltower, a friend of defendant Barry, on the daily duty roster. Plaintiffs objected to this instruction because they had never observed Detective Walltower performing any work, had never spoken to him, and were never aware of his whereabouts. Plaintiffs allege that MPD regulations require that a supervisor talk to a subordinate or have knowledge of his whereabouts before placing his name on the daily duty roster.

Plaintiffs claim that, because of their refusal to include Detective Walltower on the duty roster, Duckett retaliated against them by writing memoranda requesting that they be transferred out of the SEU because they "need[ed] direct supervision"; transferring Hill to the Boys and Girls Club; physically threatening Sanders and forcing him to request a transfer to foot patrol duty; and publicly stating that plaintiffs' objections were racially motivated. Plaintiffs further allege that both Barry, the Mayor of the District of Columbia, and Soulsby, then-Chief of the MPD, were aware of Duckett's retaliation but did not instruct him to stop. Plaintiffs filed the instant action alleging violations of 42 U.S.C. § 1983 against all defendants and common law defamation against the District and Duckett.

ANALYSIS

I. Count I — Section 1983

A. Plaintiffs' Complaint States a Claim of First Amendment Retaliation

Plaintiffs claim that defendants violated their First Amendment rights by retaliating against them after they objected to placing Detective Walltower on the duty roster. See Compl. ¶¶ 42-56. According to the Supreme Court, a government employee's speech is protected only if it is "on a matter of public *13 concern, and the employee's interest in expressing [him]self on th[e] matter ... [is] not ... outweighed by any injury the speech could cause to the interest of the state as an employer in promoting the efficiency of public services it performs through its employees." Waters v. Churchill, 511 U.S. 661, 668, 114 S.Ct. 1878, 128 L.Ed.2d 686 (1994) (internal quotation omitted), see also O'Donnell v. Barry, 148 F.3d 1126, 1132 (D.C.Cir.1998).

The District, Barry, and Soulsby first argue that plaintiffs fail to state a claim under § 1983 because their speech did not address a matter of public concern. The Court disagrees; plaintiffs' objections to orders to carry Detective Walltower on the daily duty roster (thus entitling him to pay) although they had never observed him working — a clear misuse of public funds, if true — qualifies as speech on a matter of public concern. See O'Donnell, 148 F.3d at 1133 (letter by police officer discussing questionable transfer of another officer was matter of public concern); Fox v. District of Columbia, 83 F.3d 1491, 1494 (D.C.Cir.1996) (report of theft of funds from D.C. Lottery is matter of public concern); Wulf v. City of Wichita, 883 F.2d 842 (10th Cir.1989) (letter alleging misappropriation of public funds by police chief is matter of public concern) (cited with approval in Fox, 83 F.3d at 1494). Although the Supreme Court has held that simple "employee grievances" are not matters of public concern, see, e.g., Connick v. Myers, 461 U.S. 138, 147-48, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983); Murray v. Gardner, 741 F.2d 434, 438 (D.C.Cir.1984), cert.denied, 470 U.S. 1050, 105 S.Ct. 1748, 84 L.Ed.2d 813 (1985), plaintiffs' allegations do not fall within this category. See O'Donnell, 148 F.3d at 1134; Tao v. Freeh, 27 F.3d 635, 639-40 (D.C.Cir. 1994). Plaintiffs' objections do not appear to have been motivated by an unfavorable personnel decision or a personal grievance. Cf. Connick, 461 U.S. at 147-48, 103 S.Ct. 1684 (questionnaire concerning office transfer policy not matter of public concern when plaintiff distributed it after being informed that she was going to be transferred); Murray, 741 F.2d at 438-439 (employee's criticism of furlough plan not matter of public concern when motivated by self-interest in outcome). Nor does the context of plaintiffs' objections indicate a personal vendetta. See Fox, 83 F.3d at 1495 (indicating speech which does not contain "trumped-up, scattershot claims of misbehavior" does not lose its First Amendment protection as an "employee grievance" under Connick).

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Related

Hoey v. District of Columbia
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Bluebook (online)
16 F. Supp. 2d 10, 1998 WL 483529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-district-of-columbia-dcd-1998.