O'Donnell denied that Hennessy was the source of the news report, and added that the Homicide Branch was aware of the unsolved homicides and was already conducting an investigation. We agree with the first finding, but disagree with the second; we find that all of the communications at issue in this case were on topics of public concern. [25] In November 2011, a permanent memorial to O'Donnell was erected on the side of the stand bearing his name. Id. Capt. [27], There is am annual sponsored walk, started on 29 December 2008, to honour O'Donnell's memory. For instance, the public would reasonably give little or no weight to expressions of personal animus or spleen, but great weight to highly probative evidence bearing on problems of public importance. Friends may call at DEVOL FUNERAL HOME, 2222 Wisconsin Ave N.W. Phil O'Donnell Joins Lumenpulse Executive Team The vagueness of O'Donnell's complaint, however, renders this reading, and any other, speculative. http://gpnlive.. The district court concluded that O'Donnell's letter to the editor was not on a subject of public concern because it "related to long-standing internal disputes among O'Donnell, Hennessy, and Soulsby, and not to matters of public concern about the structure, management, or policies of the Department," and did not contain any "information to educate or inform the public about the operation of the MPD other than to air Plaintiff's personal grievances." Although O'Donnell can point to isolated defamatory statements and to a demotion, he cannot demonstrate that the two occurred together; only defamation that is "accompanied by a discharge from government employment or at least a demotion in rank and pay" is actionable. Phil ODonnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. eBay. He could bring a smile to every teacher and student alike. Phil, you have been an important part of my life for the last 19 years. We have a proven track record of providing long term solutions with a focus on efficiency and performance. See Tao, 27 F.3d at 639 ("The motivation of the employee is only one factor to be considered in assessing whether a statement is one of public concern."). phil o'donnell lucozade - did mcdonald's change their chicken nuggets 2021 - Juni 6, 2022 did mcdonald's change their chicken nuggets 2021 - Juni 6, 2022 Over the years, he rose through the ranks, until, in January 1995, he was appointed D.C. Deputy Chief of Police for the Investigative Services Bureau of the D.C. Police Department. San Jose, California, United States. He was treated on the pitch for about five minutes by the Motherwell and Dundee United club doctors before being taken by ambulance to Wishaw General Hospital. In Connick v. Myers, 461 U.S. 138, 103 S. Ct. 1684, 75 L. Ed. We note, however, that the right to regulate an officer's speech is not absolute, see Biggs v. Village of Dupo, 892 F.2d 1298, 1303 (7th Cir. Scottish Premier League chairman Lex Gold said: "We understand from Phil's family that they would appreciate it if the Motherwell v Celtic game scheduled for 6 January 2008 could be postponed. It is a very rare person that can bring out the best of those around them in such a fashion. "The contours of the right must be sufficiently clear that a reasonable officer would understand that what he is doing violates that right. 2. Apparently, this was planned by a group of people across the room that got a huge kick out of it. Philip O'Donnell (25 March 1972 29 December 2007) was a Scottish professional footballer who played as a midfielder for Motherwell, Celtic and Sheffield Wednesday. Hennessy is a "cop's cop"; he is a true leader. The joy and love for his friends is what I will remember most about him.He made all of us individually feel special.This is no small feat, considering who we all are! at 148, 103 S. Ct. 1684. He said: 'When you hear of things like this, with Marc-Vivien Foe and the Spanish lad at Seville [Antonio Puerta] recently, you regard it as a shock because footballers tend to be so fit. In order to decide whether a public employee is within the "narrow band" of "key deputies" who are subject to this analysis, id. Giving to charity is a meaningful way to honor someone who has died. O'Donnell, who won one Scotland cap, began his career with Motherwell as a 17-year-old and rejoined the club in 2004 after spells with Celtic and Sheffield Wednesday. Finally, we find that Soulsby is entitled to qualified immunity in the proceedings on remand. Fiance of Caroline Deutermann; son of Philip F. and Constance O'Donnell; brother of Ann (Chuck) Lucas; uncle of Chip and David Lucas; I will not only treasure every memory, I will thank God for them, because my life is more meaningful for having known him. To turn to the public-concern side of the equation, O'Donnell's letter makes two principal points: it observes that Hennessy's transfer out of the Homicide Branch hurt the Branch, and it endorses the credibility of Hennessy and questions that of Soulsby. These claims are not really distinct under applicable due process law, and they are in any event too broad. On July 18, 1996, in the midst of these events, the Washington Post published a letter to the editor by O'Donnell, which said: I am writing to confirm the credibility of Capt. Hall v. Ford, 856 F.2d 255, 259 (D.C. Cir. Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. I did not support Capt. At this stage we do not have all the facts surrounding the tragic death of Phil O'Donnell. A closer examination, though, reveals the matter is more complicated. You were one of the most deep and philosophical individuals I ever met but you were never a downer. O'Donnell argues that his claim fits within each of these two exceptions.4. Phil O'Donnell | Credits | AllMusic It was apparent from his fellow players reactions that. Credits. Soulsby could safely dispense with answering his memos, and O'Donnell was relegated to the audience at meetings of high-level Police Department officials. Soulsby also reassigned Captain Hennessy to a less responsible job, that of Night Supervisor. O'Donnell claims his transfer from the position of Deputy Chief for the Investigative Services Bureau to the job at the Property Division, and subsequent demotion to the rank of captain and reassignment to a job as district patrol supervisor, both occurred in retaliation for exercises of his right to free speech. As a result of the fact that he was demoted before he retired, his severance pay and payments for unused annual leave were reduced by an amount that he estimates as $11,250. What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? The District argued below, and argues again here, that Soulsby, the only individual defendant (Barry was sued only in his official capacity), is entitled to qualified immunity. The pact involved an attempt by Soulsby to prevent information that might have damaged his chances of confirmation from coming to light; members of the public might legitimately see this agreement as improper, or worse. Roth, 408 U.S. at 573, 92 S. Ct. 2701. The world has lost a great one. The district court dismissed O'Donnell's First Amendment claims before any record had been developed, and indeed before the District filed an answer. Donna M. Murasky, Assistant Corporation Counsel, Washington, DC, argued the cause for appellees, with whom John M. Ferren, Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, Washington, DC, were on the brief. An employee may be dismissed who "expresses views on matters within the core of his responsibilities that reflect [ ] a policy disagreement with his superiors such that they could not expect him to carry out their policy choices vigorously." You pissed me off. at 1528. As to O'Donnell's later conversation with Soulsby about the Ballou High School press conference, this incident merits little discussion. All rights reserved. Share it with your friends! First, by saying that Hennessy's "transfer from the homicide branch not only was a tragic loss to the Metropolitan Police Department but a disservice to the citizens of the District," it indicated that the Homicide Branch's work had been impaired by Hennessy's loss. Charles L. O'Donnell. He was transferred almost immediately to an awaiting ambulance and taken to Wishaw General. In his new position, he was in charge of the Department's facilities for storing property and automobiles, and supervised personnel at a police drug laboratory. I can't imagine a family birthday party, Thanksgiving, Christmas or other event that does not feature Phil coming up the front walk with his "pull toy" - a cooler of beer on wheels - grinding along behind him. Each of O'Donnell's memos to Soulsby involved important issues of Police Department policy--questions of how to rank the Department's law-enforcement priorities, and how to reform the operations of the Property Division (which were, O'Donnell claims, later shown by news reports to be in some need of reform). Phil O'Donnell's wife Eileen with daughters Megan and Olivia. As our analysis of the status of O'Donnell's letter demonstrates, it is by no means clear whether that letter is legally protected, so that any unlawfulness in Soulsby's acts in (allegedly) securing O'Donnell's demotion was not "apparent." Philip O Donnell - Address & Phone Number | Whitepages He served as military chaplain in World War I, and his helmet is still hanging on the east door in the Basilica of the Sacred . at 147-48, 103 S. Ct. 1684. Although the conceptual basis for reputation-plus claims is not fully clear, it presumably rests on the fact that official criticism will carry much more weight if the person criticized is at the same time demoted or fired. Soulsby said that the Mayor believed that O'Donnell was a racist; there was, O'Donnell avers, no reason that anyone should believe that this was true. The district court concluded that O'Donnell's memos to and discussions with Soulsby were all on topics of public concern, but that the letter to the editor was not. [26], On 25 May 2008, a benefit match was held at Celtic Park in memory of O'Donnell with the proceeds going to various charities. Drawing. O'Donnell gives only the vaguest account of Soulsby's reasons for opposing an investigation. Philip O'Donnell - Chief Operating Officer - Supporting Aurelius O'Donnell brings more than 35 years of senior-level management and sales experience to the position. Whether it was his intelligence and sense of humor or his daring sense of adventure and offbeat perspective, there was always something to admire and respect about Phil. This conversation implicated a number of broader policy issues, including questions about whether Soulsby had been right to transfer Hennessy and O'Donnell to less responsible positions and about what caused the backlog and how it was detected. (0) * Senior club appearances and goals counted for the domestic league only. A communication that provides information that might help the public to "make informed decisions about the operation of their government merits the highest degree of first amendment protection," Hall, 856 F.2d at 259; there are few more fundamental decisions that the public can make about its government than assessing the probity of a public official. According to O'Donnell, Soulsby then told the media in an off-the-record statement that Hennessy had been transferred because he was under investigation and likely to be indicted for violating the civil rights of a black suspect. This circuit has since said that a demotion may also suffice to trigger a due process claim. As the Advisory Committee Note to Federal Rule 404 observes, " [c]haracter evidence is of slight probative value and may be very prejudicial," as it "tends to distract the trier of fact from the main question of what actually happened on the particular occasion." Officially making the move in 1994, O'Donnell worked as a musician, playing guitar with many artists including Craig Morgan, Jeff Carson, Kevin Denney, Johnny Lee, and Sherrie . The best poems for funerals, memorial services., and cards. 1 country hit, "That . Get free summaries of new D.C. Although, as we discuss below, there remain questions about precisely what information the letter contributed about the pact, it made at least an evaluative contribution. "The first two factors under the Pickering test are questions of law for the court to resolve, while the latter are questions of fact ordinarily for the jury." View the profiles of people named Phil ODonnell. O'DONNELL, Philip R."Phil" Age 83, Of Mashpee, formerly of North Reading. All of the speech at issue here falls into this category. See, e.g., Tyler v. City of Mountain Home, 72 F.3d 568, 570 (8th Cir. What a pleasure it was to know him. In Hall, for example, the athletic director at the University of the District of Columbia was dismissed after repeatedly and publicly disagreeing with his superiors about the proper response to violations of university and National College Athletic Association rules. Id. O'Donnell says that when Hennessy learned of this claim he confronted Soulsby, who admitted he had lied. Phil was whip-smart, open-minded, sensitive, wickedly funny and unlike any other person I have ever met, before or sinceour world has lost a true original. Artist. We begin with the governmental interests. It's hard to imagine a world without Phil O'Donnell in ita much duller place, indeed. On Tuesday, October 18, 2005. The District also observes that it is especially disruptive for the high-level employees of a governmental agency to express public disagreement with the agency's policies. In the 21st century, it's not just urns and gravestones anymore. Philip is related to Philip T Odonnell and Roger E Odonnell as well as 3 additional people. at 264. See Mt. Thus, this conversation, too, was on a topic of public concern. b. "[22][23], Motherwell announced the Main Stand at Fir Park would be renamed the "Phil O'Donnell Stand" as a permanent tribute[24] and his team-mates paid their own personal tribute by having his signature embroidered on their strips for the remainder of the 200708 season. (emphasis omitted). At first glance, O'Donnell's account of his conversation with Soulsby seems troubling. Phil O'Donnell's children Megan , Olivia , Christopher and Luc line up as mascots with family friends. We conclude, however, that the evidence in this case falls short of that required to make out a claim under Roth and Kartseva. "Give It All We Got Tonight" - George Strait, "Back When I Knew It All" - Montgomery Gentry, "He's Mine" - Rodney Atkins and Billy Ray Cyrus, "'Til A Woman Comes Along" - Chris Janson. His job seems to have had some policy responsibilities; he was in charge of a number of Police Department facilities, and his complaint describes several reforms he instituted in their operations, seemingly on his own initiative. This is not to say that an official action is protected by qualified immunity unless the very action in question has been held unlawful but it is to say that in the light of preexisting law the unlawfulness must be apparent." To begin with, the stigma associated with O'Donnell's demotion was less severe than that attached to Kartseva's disqualification. To plant trees in memory, please visit the. PHILIP O'DONNELL OBITUARY - Legacy.com Published by The Washington Post from Oct. 21 to Oct. 22, 2005. I loved him as a brother and dear friend. I was Mr. Phil's supervisor at the Chevy Chase Club and he was the most memorable employee I had the pleasure of working with. Scottish footballer Phil O'Donnell collapses during game and dies You have funeral questions, we have answers. On these facts, O'Donnell cannot be labeled a "key deputy."1. Id. at 263, we consider whether the employee's job relates to policy matters, and whether the employee has "broad responsibilities with respect to policy formulation, implementation, or enunciation." You already receive all suggested Justia Opinion Summary Newsletters. Second, it might, without this "binding effect," still have "the broad effect of largely precluding Kartseva from pursuing her chosen career as a Russian translator." See, e.g., Connick, 461 U.S. at 148, 103 S. Ct. 1684; Tao, 27 F.3d at 640; Stroman v. Colleton County School Dist., 981 F.2d 152, 157-58 (4th Cir. O'Donnell also avers that Soulsby transferred him to the Property Division in retaliation for the conversation in which O'Donnell argued that the 123 deaths should be investigated further, and that his demotion was partially prompted by the later conversation in which O'Donnell reprimanded Soulsby for misleading the public about the investigation of those same deaths. Saturday, December 29, 2007. R.I.P. Second, the Court noted that "there is no suggestion that the State, in declining to reemploy the respondent, imposed on him a stigma or other disability that foreclosed his freedom to take advantage of other employment opportunities," and that it did not, for instance, "invoke any regulations to bar the respondent from all other public employment in state universities." The same is true of the memos O'Donnell wrote while at the Property Division; it is hard to see how routine policy memoranda could have prompted any adverse response from Soulsby, but, if they did, it would have been the result of disagreements about policy.2. Soulsby was confirmed as Chief of Police in December of 1995. In summary, we affirm the district court's dismissal of O'Donnell's First Amendment claims, except for its dismissal of his claim based on the letter to the editor. From their descriptions in the record, O'Donnell's memos consisted entirely of innocuous, practical suggestions about Police Department policy. Among his many production credits is the six-week No. Although Phil knew not much more of me than "the tall girl" who hung out with Mike - I still feel an absence with his loss. [4] He was also the uncle of St Mirren midfielder Stephen O'Donnell and Brian Dempsie, who had also played for Motherwell. Gordon Smith, chief executive of the Scottish Football Association, said: 'Phil was not just a wonderful footballer, he was a great human being. O'Donnell then spent several months off the job because of a heart condition. His conversation with Soulsby about what priority to give an investigation of over a hundred unsolved murders was also obviously of great public concern; indeed, the conversation was itself prompted by a newspaper article critical of Police Department ineptitude. 1988) (finding that a police detective's objections to a revised promotion scheme were on a subject of public concern, even though the employee was partly motivated by a desire to improve his own chances for a promotion). (Parking opposite 2233 Wisconsin Ave N.W.) When I spent time with Mr. Phil, I felt in equal parts happy, safe, beautiful and strong. O'Donnell began his career with the Police Department almost three decades ago, in 1969. Experienced economist with substantial public sector background (energy, competition, consumer credit & debt, small business, regional policy); excellent analytical and communication skills, strong leadership and management, with a proven track record in delivering high-quality results. 2d 964 (1995). But we doubt that O'Donnell's policy responsibilities were broad enough, or sufficiently central to the Department's mandate, to make him one of the "key deputies" discussed in Hall. There wasn't a topic he couldn't discuss from cooking to travel to music and he helped me maintain my sanity during the long, cold winters working along the fenceline and by the woodpile at the club. Philip Odonnell. Unfortunately, with the death of Phil O'Donnell, Motherwell have suffered a similar tragedy to ours. 1981) (observing that an employee's interest in speaking out is "entitled to more weight when the employee is acting as a whistleblower exposing corruption among public officials"); cf. We find that there was a substantial public concern with the subject matter of both the letter to the editor and the conversation about the Ballou High School speech, and that the fact that O'Donnell may have acted partly on the basis of personal motivations makes no difference. phil o'donnell lucozade - tahtamataram.com Kartseva, 37 F.3d at 1529 (quoting Greene, 360 U.S. at 492, 79 S. Ct. 1400). Hennessy's transfer to a "nondescriptive" assignment. [21] The club received hundreds of written tributes from fans as far as Korea and Ukraine, as well as many emotional messages from Sevilla FC, comparing O'Donnell's death to the similar fate of their player Antonio Puerta that August. He joined Color Kinetics in 2005, where he served as Vice President of Sales until the company was sold to Philips Lighting for . But his complaint mentions nothing of the kind, and indeed suggests that O'Donnell eventually solved all of the problems he described in his memos, We note, however, that "a dismissal under Rule 12(b) (6) generally is not final or on the merits and the court normally will give plaintiff leave to file an amended complaint." About Us - Kingery Durree Wakeman O\'Donnell, Assoc. | Lawfirm Join Facebook to connect with Phil O'Donnell and others you may know. If the speech is not of public concern, it is unnecessary to scrutinize the basis for the adverse action absent the most unusual circumstances." Doctors and physios ran on, he was unconscious on the floor and it was clear he was in a bad way, but personally I never thought anything would happen. Conversations. The first category of claim, in which the plaintiff points to the conjunction of official defamation and adverse employment action, is usually termed a "reputation-plus" claim. Tao v. Freeh, 27 F.3d 635, 638-39 (D.C. Cir. If it is O'Donnell's claim that Soulsby retaliated against him for seeking to dissuade Soulsby from committing a grave breach of the public trust (or for some other impermissible reason) he should make that claim more explicitly. (O'Donnell did, however, retain his rank as Deputy Chief of Police.) Although he has moved from a large city to a town (Washington's population is over 500,000, as against Brunswick's population of 6,000), he has moved up in the ranks; he is now chief of police. Finally, on the record as it stands, there is no sign that the District made any defamatory statements about O'Donnell at the time of his demotion. An authentic gentleman, and truly kind, I will miss him greatly. The letter appears to be in that small category of speech by public employees that has a high potential both to cause disruption and to inform the public. 1983) (emphasis added). [4] O'Donnell began his career with his local team, making his first team debut in the 199091 season against St Mirren and soon became a regular first team player. O'Donnell was married to Eileen and they had four children. In the second step of the Pickering analysis, we consider whether the government's interest in "promoting the efficiency of the public services it performs through its employees," Pickering, 391 U.S. at 568, 88 S. Ct. 1731, outweighs the employee's interest in speaking out and the public's interest in hearing what he has to say--or, in the case of speech made in private (like some of the speech here), the public's interest in having the employee make himself heard within his organization. The Federal Rules of Evidence provide a useful guidepost for assessing the probative value of O'Donnell's comments. You were there as a groomsman in my wedding when I started another phase in my life. Doe v. United States Department of Justice, 753 F.2d 1092, 1103 (D.C. Cir. O'Donnell's work, although important, primarily involved support functions. The district court granted the motion to dismiss as to the first two counts, and the motion for summary judgment as to the third. Lumenpulse Inc., a manufacturer of high-performance, architectural LED-based lighting solutions, has announced the appointment of Phil O'Donnell as Vice President Sales for the Asia Pacific region.O'Donnell is an industry veteran, with over 35 years of senior-level sales, business development and management experience.
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