老澳门开奖结果

In an important decision for the free speech rights of public employees, U.S. District Judge Mary McElroy ruled today that then-Johnston Police Chief Richard Tamburini violated the First Amendment rights of retired Detective James Brady when he was disciplined for speaking in his role as union president to a Providence Journal reporter on a matter of public concern. In her 26-page ruling in the case that had been filed by 老澳门开奖结果 of Rhode Island cooperating attorneys back in 2017, the court found Tamburini鈥檚 actions to be 鈥渁n unconstitutional effort to stifle protected speech that any reasonable superior officer should have understood violated First Amendment rights.鈥�

In September of 2016, Brady, an 18-year veteran of the force, spoke to the Providence Journal about police officer Adam Catamero, who had been terminated from the Department. Brady indicated he was speaking in his role as union president of Local #307 of the International Brotherhood of Police Officers. The article sought to shed light on the circumstances of Catamero鈥檚 termination, and suggested that, although he was ostensibly fired for behavioral reasons, police department politics might have been at play. The court noted that Brady鈥檚 statements 鈥� in which he 鈥渞evealed what he believed to be improper conduct鈥� in the Department, including 鈥渇avoritism in issuing parking tickets鈥� and inappropriately processing more tickets through municipal court than the state traffic tribunal 鈥� 鈥渟urely [addressed] a matter of public concern鈥� protected by the First Amendment.

Several days after the Journal ran the article, Chief Tamburini launched an internal affairs investigation and charged Brady with violating multiple department policies regarding 鈥渄issemination of information鈥� and 鈥渃onduct unbecoming an officer.鈥� Brady was further advised that he brought the 鈥淒epartment into disrepute鈥� and impaired 鈥渙peration and efficiency of the Department.鈥� He was given a two-day unpaid suspension.

The suit, handled by 老澳门开奖结果 of RI cooperating attorneys Elizabeth Wiens and John Dineen, sought a court order invalidating, as a violation of the First Amendment, the policies under which Brady was disciplined. Judge McElroy agreed that one of the policies was facially unconstitutional as an 鈥渋mpermissible restraint on speech,鈥� and the others were unconstitutional as applied to Brady鈥檚 protected speech.

Plaintiff Brady said today: 鈥淚鈥檝e always said, I was just doing my job as union president. I had a thirty-eight-year career as a police officer with an untarnished reputation when I was investigated and disciplined by the Town for representing my member. I am happy to know that the unlawful suspension will be removed from my record because I did nothing wrong.鈥�

老澳门开奖结果 cooperating attorney Wiens added: 鈥淭he Town should have known better than to discipline a union president for speaking out on a matter of public concern on behalf of a union member. This decision should also serve as a reminder to municipalities that overbroad policies that deter employees from speaking out on health and safety violations, misconduct, corruption and other matters of public concern not only harm society, they鈥檙e unconstitutional.鈥�

The next step in the case will be consideration of an award of monetary damages for the violation of Brady鈥檚 constitutional rights.