Swetlik v. Crawford

876 F. Supp. 2d 1077, 2012 U.S. Dist. LEXIS 88840, 2012 WL 2463348
CourtDistrict Court, E.D. Wisconsin
DecidedJune 27, 2012
DocketCase No. 09-C-1157
StatusPublished

This text of 876 F. Supp. 2d 1077 (Swetlik v. Crawford) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swetlik v. Crawford, 876 F. Supp. 2d 1077, 2012 U.S. Dist. LEXIS 88840, 2012 WL 2463348 (E.D. Wis. 2012).

Opinion

DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

WILLIAM C. GRIESBACH, District Judge.

Plaintiff Brian Swetlik, a Detective Sergeant with the City of Manitowoc Police Department, claims that the Mayor and members of the Common Council for the City violated his constitutional rights by voting to institute termination proceedings against him before the Police and Fire Commission (PFC). Detective Swetlik was charged with repeatedly lying about the Chief of the Department, but the charges were dismissed after a two-day hearing. Detective Swetlik then brought this action under 42 U.S.C. § 1983, claiming that the City officials issued the charges against him in retaliation for his constitutionally protected speech. The case is before me now on the defendants’ motion for summary judgment. (ECF No. 34.) For the reasons discussed herein, the defendants’ motion will be granted.

I. Background

The background facts to this case are lengthy and convoluted as laid out in Plaintiffs and Defendants’ Proposed Facts. (ECF Nos. 36, 40.) What follows here is a brief synopsis of those facts, stripped of counsel’s argumentative responses and unfounded objections. As noted above, Plaintiff Swetlik is an employee of the Manitowoc Police Department and at all material times hereto, has held the position of Detective Sergeant. Swetlik belongs to the Manitowoc Professional Police Union’ Local 20 (the Union). (Compl. ¶ 1.)

On November 12, 2005, Det. Swetlik was involved in the'arrest and interview of a suspect in a stabbing. At the conclusion of the interview, Det. Swetlik transported the suspect from the Manitowoc Police Department to the Manitowoc County Jail for booking. (Id. ¶ 12.) While at the jail, Swetlik had a somewhat bizarre phone conversation with Manitowoc Police Chief Perry Kingsbury. For reasons that are not clear from the record, Chief Kingsbury was attempting to procure for the suspect a home-cooked meal from the suspect’s mother before he was transferred to the jail. After the phone conversation, Swetlik repeatedly claimed Chief Kingsbury told him to lie to Manitowoc County jailers when they were processing the suspect and then threatened him when he failed to comply with the Chiefs order. Specifically, Swetlik indicated that Chief Kingsbury had told him to tell the jailers that they had further questions for the suspect so that the suspect could be returned to the police department for the meal his mother was preparing. When Swetlik did not do so, he claimed that Chief Kingsbury told him “I’ll deal with you later.” (Def.s’ Prop. Findings of Fact “DPFOF”, ECF No. 36, ¶¶ 20, 22, 23, 26, 32.)

The actual words of Chief Kingsbury, which Detective Swetlik was characteriz[1079]*1079ing, were recorded and later transcribed. (Id. ¶ 18.) A fair reading of the transcript is that the Chief wanted Detective Swetlik to tell the suspect, who was apparently suicidal and distraught, that they were going to bring him back to the station because they had more questions to ask, and then when he arrived, they would offer him the meal his mother had prepared. Instead, Detective Swetlik asked the suspect if he wanted to go back to the station for some food his mother cooked. The suspect responded “no, I ain’t eating nothing,” thereby ending the matter. Obviously perturbed that Detective Swetlik had not handled the situation as he instructed him, Chief Kingsbury responded:

So you didn’t do what I asked you to do. You started talking about the food. What I asked you to do is say, hey, you mind coming back over and ask a few questions, we forgot about something. And that’s okay, you went about it your way, but — and now he doesn’t want anything so just let him get booked—

(/¿.¶ 18.) The conversation between Chief Kingsbury and Detective Swetlik then continued:

Det. Swetlik: Well—
Chief Kingsbury: Just let him get booked and whatever — whatever happens, happens. Okay?
Det. Swetlik: Okay. He’ll — he’ll—he’ll visit with her later, he just—
Chief Kingsbury: Whatever.
Det. Swetlik: — he don’t — he don’t want to eat anything.
Chief Kingsbury: Well, I understand that, but we — we—we might have been able to get him a meal, okay. But that’s okay, we might not have been.
Det. Swetlik: Okay.
Chief Kingsbury: We’ll catch ya later.
Det. Swetlik: Okay. Bye

(Id.) It is this innocuous telephone conversation that lies at the center of the massive expenditure of time and money that this case represents.

As soon as he hung up the phone, Det. Swetlik told those present, including another detective, a deputy sheriff and a jailer, that the Chief had told him to lie to the jailers and had threatened him for failing to do so. (Id. ¶ 20.) He repeated his accusations against the Chief later that same day to the Deputy Police Chief pursuant to the internal rules of the Department. (Id. ¶¶ 21, 22.) Over the following months, he repeated his accusations to other members of the Department as well. (Id. ¶¶ 26-28.)

On April 6, 2006, Det. Swetlik sent an email to Chief Kingsbury alleging he was being harassed. In response, the City Attorney retained outside counsel to conduct an investigation into Det. Swetlik’s claims. Among the thirteen claims investigated by the attorney was Swetlik’s claim that Chief Kingsbury had instructed him to lie to the Manitowoc County jailers and threatened him when he refused to do so. The attorney issued a thirteen-page report finding no evidence that Det. Swetlik was mistreated or harassed. (Id. ¶¶ 29-33.)

Det. Swetlik was not the only member of the Manitowoc Police Department upset with Chief Kingsbury. Sometime in late 2005 or early 2006, the Union, which represented the patrol officers and sergeants in the Department, reached the conclusion that the Chief should be replaced. In January of 2006, the Union voted no confidence in the Chief by a count of 49 to 1, with three abstaining. (Pi’s Resp. to DPFOF, ECF. 42, ¶ 36.) In furtherance of its efforts to remove Chief Kingsbury, the Union compiled a “list of concerns.” Among the 23 “concerns” listed by the Union, which later grew to 37, was the accusation that the Chief “told officers to [1080]*1080lie to other agencies.” (DPFOF, ECF No. 36, ¶ 43.) The Union then set forth Det. Swetlik’s account of his November 15, 2005, telephone conversation with Chief Kingsbury accusing the Chief of instructing him to lie to the jailers and threatening to deal with him later when he refused. (Id. ¶¶ 37, 38.) On May 15, 2006, the Union, including Swetlik, marched en masse to City Hall to speak to the Manitowoc Common Council and express its concerns about public safety and the morale at the Police Department. The list of concerns was revised several times over the months that followed and sent to members of the Police and Fire Commission, the Common Council, the mayor, and a Wisconsin Employment Relations Commission (WERC) labor mediator. (Id. ¶¶ 40-42.)

On July 26, 2006, Chief Kingsbury sent a letter to Mayor Crawford requesting an investigation into the Union complaints against him and the Department.

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Bluebook (online)
876 F. Supp. 2d 1077, 2012 U.S. Dist. LEXIS 88840, 2012 WL 2463348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swetlik-v-crawford-wied-2012.