There were many demands for Hennessy and Soulsby to release the tape. I don't even know where to begin. 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. He was like all of the good parts of Connie and Phil put together. Share it with your friends! 1 Give It All We Got Tonight, No. He also earned one international cap for Scotland and twice won the PFA Scotland Young Player of the Year award. For instance, had the athletic director in Hall been punished merely for suggesting to the university's board of directors that one of his subordinates had committed a grave act of embezzlement, the result in that case might have been different. There is no indication on the present record that either the "senior detectives" or Hennessy were ever punished for these statements, which were presumably also quite injurious to Department discipline and morale; this weakens the District's claim that O'Donnell's letter could not safely be left unpunished. As we have said, information about the pact was clearly of great concern to the public; concrete additional information about the circumstances of the pact might well have overcome any governmental interest in silencing O'Donnell. 2d 277 (1991), a showing of reputational harm alone cannot suffice to demonstrate that a liberty interest has been infringed. Hennessy apparently taped this conversation, and later told Soulsby that he had done so. In addition to having a successful career as a songwriter, ODonnell also has served as producer for artists such as Craig Morgan, Josh Thompson, Keith Anderson, Matt Mason, Justin McBride, Chris Janson, Mark Wills, Tara Oram, Jason Blaine, High Valley, Steve Richard, Davisson Bros. 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." 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. Two months later, Thomas retired and Soulsby was appointed interim chief of police. ODonnells songwriting credits include George Straits 60th No. 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! These submissions are made on behalf of Phil O'Donnell, Graeme Sleeman and BVC ("collectively known as the LH Witnesses") and are made in reply to the Submissions lodged by Counsel Assisting the Commission dated 10 June 2016 ("CA submissions"). Conversations. 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."). did not make any charge against [the employee] that might seriously damage his standing and associations in the community," and that " [i]t did not base the nonrenewal of his contract on a charge, for example, that he had been guilty of dishonesty, or immorality." And, as he describes his status within the Department, his policymaking role was decidedly marginal. O'Donnell claims that after his demotion he was unable to find employment in his chosen field, as a chief of police in a major city or municipality. See id. Doe v. United States Department of Justice, 753 F.2d 1092, 1103 (D.C. Cir. Capt. In some cases, the public interest in a high-level official's speech will outweigh any interest in that official's bureaucratic loyalty. To offer your sympathy during this difficult time, you can now have memorial trees planted in a National Forest in memory of your loved one. As captain he helped transform Motherwell this season.'. O'Donnell's letter to the editor raised two broad issues. But if the letter is read as a commentary on the believability of recent statements by Hennessy and Soulsby, it might have more significance. eBay. Hall permits adverse action on the basis of speech that implicates "the government interest in accomplishing its organizational objectives through compatible policy level deputies," 856 F.2d at 264; but sometimes what an employee has to say will signal not policy differences but potential serious violations of the public trust. There are 100+ professionals named "Phil O'donnell", who use LinkedIn to exchange information, ideas, and opportunities. 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. Although it is difficult to put a good face on the denial of a security clearance, it may be that some employers would welcome a police official who (as they might see it) places the public's interest above bureaucratic pressures. Phil O'Donnell is known for 1998-99 Uefa Cup (1998). It was apparent from his fellow players reactions that. or. 1985). 2d 405 (1976), that stigma alone is not actionable, without a showing that a "right or status previously recognized by state law" has been "distinctly altered or extinguished." All Credits Audio Production Banjo Bouzouki Composer Composer/Lyricist Digital Editing Dobro Guitar Guitar (Acoustic) Guitar (Electric) Harmonica Jew's-Harp Lyricist Main Personnel Percussion Primary Artist Producer Programmer Vocals (Background) 2022. 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. The deal covers current and future copyrights. 1. Mr. Phil. 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. Phil O'Donnell Tribute 1972-2007I will remove disrespectful comments. At this stage we do not have all the facts surrounding the tragic death of Phil O'Donnell. O'Donnell argues that his claim fits within each of these two exceptions.4. The second Roth exception turns on the combination of an adverse employment action and "a stigma or other disability that foreclosed [the plaintiff's] freedom to take advantage of other employment opportunities," Roth, 408 U.S. at 573, 92 S. Ct. 2701; it differs from the first in that it does not depend on official speech, but on a continuing stigma or disability arising from official action. Hall gives employers considerable leeway to ensure that high-level officials toe the party line, but it does not give them unchecked power to silence them. 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. Shortly thereafter, the news media learned about the Soulsby-Hennessy agreement, and Hennessy's tape of his conversation with Soulsby; subsequent news reports were highly critical of the alleged agreement, and of Soulsby's performance as Chief of Police. Moreover, it is clear that the presence of a personal motivation for an employee's speech, although certainly a factor in the public-concern analysis, need not destroy the character of a communication as one of public concern. The week after his appointment, O'Donnell sent him a long memorandum, titled "Setting Priorities for the Metropolitan Police Department," which ranked crime-related issues and proposed solutions. O'Donnell now appeals this order. Soulsby also reassigned Captain Hennessy to a less responsible job, that of Night Supervisor. 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. When I spent time with Mr. Phil, I felt in equal parts happy, safe, beautiful and strong. Since then Philip has changed 7 companies and 6 roles. Among his many production credits is the six-week No. 1995) (concluding that a firing without any associated public statements is not actionable). And, although the conversation raised some issues about Soulsby's veracity, it did not touch on the more serious issues surrounding the Soulsby-Hennessy pact. You made me laugh. There are also some uncertainties in our analysis of the nature of the governmental interest; it is unclear, for instance, whether we are correct to assume that a number of other Police Department officials had criticized Soulsby in public with impunity. [27], There is am annual sponsored walk, started on 29 December 2008, to honour O'Donnell's memory. He is currently producing a studio album on Joe Diffie. I had the pleasure of working with Phil at the Chevy Chase Club from 1994-1997. Philip O'Donnell, a career officer in the District of Columbia's Metropolitan Police Department, has brought suit against the District of Columbia, the Mayor, and the Chief of Police. The Constitution protects an individual's "right to follow a chosen trade or profession" without governmental interference. at 1528. Hennessy is a "cop's cop"; he is a true leader. But O'Donnell has presented no concrete evidence (and the circumstances do not demonstrate) that he would have done dramatically better on the job market in the absence of his demotion. Summary judgment as to this claim was therefore appropriate. At first glance, O'Donnell's account of his conversation with Soulsby seems troubling. He joined Color Kinetics in 2005, where he served as Vice President of Sales until the company was sold to Philips Lighting for . [5] The club's scheduled SPL game against Hibernian at Easter Road the following Wednesday was postponed, along with the club's home game with Celtic the following Sunday out of respect. 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. Ways to honor Philip O'Donnell's life and legacy. 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 . Philip O'Donnell Work Experience and Education. It is a very rare person that can bring out the best of those around them in such a fashion. | Learn more about Philip O'Donnell's work experience, education, connections & more by visiting their . See Photos. In 1992, the firm name was changed to Kingery Durree Wakeman & O'Donnell, Assoc. His first is based upon the stigma and loss of "rank, status and pay" associated with the District's reassigning him to the Property Division, blaming him for the failings of the Department, and then demoting him. He asked what color the cat was and when I said black he told me to call it Sambuca. 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. Sign up for our free summaries and get the latest delivered directly to you. We affirm, except as to one element of O'Donnell's First Amendment claim, which we believe requires further factual development. O'Donnell was born on 25 March 1972 in Bellshill, North Lanarkshire, a few miles away from Motherwell's Fir Park ground. However, he was pronounced dead at 17:18 hours. 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). It's hard to imagine a world without Phil O'Donnell in ita much duller place, indeed. Philip O'Donnell. Giving to charity is a meaningful way to honor someone who has died. Connick,461 U.S. at 148, 103 S. Ct. 1684 (noting that the plaintiff had not claimed "that the District Attorney's Office was not discharging its governmental responsibilities," or sought "to bring to light actual or potential wrongdoing or breach of public trust"). Turning to O'Donnell's exchange with Soulsby after the Ballou High School speech, O'Donnell says that he told Soulsby that it was not true that the 123 unsolved murders only came to light after O'Donnell and Hennessy were transferred, and reminded him that Soulsby himself had opposed an investigation. 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. at 711, 96 S. Ct. 1155. Dad's good looks and charm, Mom's smarts and kind heart. Mar 2023 - Present2 months. Philip is related to Philip T Odonnell and Roger E Odonnell as well as 3 additional people. Third, the employee must show that her speech was a substantial or motivating factor in prompting the retaliatory or punitive act of which she complains. . At the end of the night I gave Phil one of my infamous "man hugs" and told him I would see him soon. 1988). (We emphasize that we use these rules only as a framework for our analysis; by no means do we purport to import the rules of evidence wholesale into the First Amendment.) Tao v. Freeh, 27 F.3d 635, 638-39 (D.C. Cir. There are, however, some limitations on this principle. First, O'Donnell's transfer to the Property Division did not involve any loss of rank. In the 21st century, it's not just urns and gravestones anymore. And, just as we consider the content, manner, time and place of the speech in deciding whether it is of public concern at all, we take these factors into account in weighing the governmental interest in regulating the speech. Kartseva was disqualified, for unknown but potentially serious reasons, from an uncertain and perhaps broad range of government employment; we found this to be potentially sufficiently stigmatic to render her unemployable in much of her field. His second is based upon the harm to O'Donnell's employment opportunities associated with these acts. [citation needed], On 29 December 2007, O'Donnell collapsed during a game against Dundee United just as he was about to be substituted. 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. 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. Paul explained this passage of Roth as meaning that defamation alone is not actionable under the due process clause, but that defamation "in the course of the termination of employment" is. David Kessler's top 4 tips for dealing with holiday grief. Friends may call at DEVOL FUNERAL HOME, 2222 Wisconsin Ave N.W. First, it observed that, although the plaintiff could not sue for the nonrenewal of his contract alone, " [t]he State . He has particular knowledge of the LED market, having worked for Color Kinetics as . The district court should permit the parties to develop these issues further on remand. This is true; as we said in Hall, " [h]igh-level officials must be permitted to accomplish their organizational objectives through key deputies who are loyal, cooperative, willing to carry out their superiors' policies,, and perceived by the public as sharing their superiors' aims." Moreover, O'Donnell's letter followed a 60 Minutes broadcast which, according to O'Donnell, "documented that senior detectives in the Homicide Branch were firmly convinced that defendant Soulsby's reassignment of Capt. Officially making the move in 1994, ODonnell worked as a musician, playing guitar with many artists including Craig Morgan, Jeff Carson, Kevin Denney, Johnny Lee, and Sherrie Austin. This was a very senior position; O'Donnell had authority over offices specializing in a range of high-profile criminal matters, including the Homicide Branch (a fact whose importance will soon become clear). 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. [citation needed]. Forest manager Colin Calderwood, himself a Scottish former international with 36 caps, explained: "The fact that it was a boy in Scotland, does that make it any different to a boy in Colombia?" Kartseva, 37 F.3d at 1529 (quoting Cafeteria Workers v. McElroy, 367 U.S. 886, 895-96, 81 S. Ct. 1743, 6 L. Ed. Former England defender Andy Hinchcliffe, a team-mate of O'Donnell's at Sheffield Wednesday, was stunned by the news. Tue 1 Jan 2008 18.51 EST. O'Donnell then spent several months off the job because of a heart condition. My thoughts and prayers go out to the O'Donnells. 856 F.2d at 263. Aaron Watson. Expand the Memories and Condolences form. All of the speech at issue here falls into this category. [4] He was also the uncle of St Mirren midfielder Stephen O'Donnell and Brian Dempsie, who had also played for Motherwell. My deepest sympathies go to the O'Donnell family and those close to him. As Rule of Evidence 608 indicates, evidence as to the credibility of a witness can at times have substantial probative value. Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. There is little evidence of any causal link between this conversation and O'Donnell's later demotion, which was tied much more closely to O'Donnell's letter to the editor. Antonio Puerta died at the beginning of the season and I know how terrible the whole experience is. 424 U.S. at 710, 96 S. Ct. 1155. Get free summaries of new D.C. Soulsby is thus entitled to qualified immunity. [6], He won the PFA Scotland Young Player of the Year award in 1992 and 1994 and earned one cap for the Scotland national football team, playing for 15 minutes as a substitute against Switzerland on 8 September 1993, replacing David Bowman. 3. [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. 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. Motherwell striker Chris Porter described the shock felt by the players on the field after the incident. San Jose, California, United States. We have a proven track record of providing long term solutions with a focus on efficiency and performance. Photograph: Paul Childs/Action Images. Before: WALD, SENTELLE and RANDOLPH, Circuit Judges. Even if the demotion did set him back a step on his career path (which may or may not be true), that would fall markedly short of showing that his ability to pursue his chosen profession has been "seriously affected, if not destroyed." The walk starts from Fir Park and ends at Celtic Park, the homes of two of O'Donnell's former clubs. O'Donnell's overall responsibilities have certainly dwindled (for instance, he supervises far fewer officers), and a still greater diminution in his employment opportunities might well have sufficed to show that the value of his "human capital," Taylor, 56 F.3d at 1506, has dropped enough to infringe his liberty interest in his chosen profession. 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." While playing for Everton, James McFadden, a former Motherwell player, dedicated his goal to O'Donnell in Everton's 20 win at Middlesbrough by pointing solemnly to his black armband and then towards the sky. 1992) (finding that although a letter circulated by a teacher to fellow teachers was prompted by a "personal grievance," and the letter's substance, "in large part, seems to be limited to this grievance," the letter raised questions of budget mismanagement, and hence was arguably on a subject of public concern); Zamboni v. Stamler, 847 F.2d 73, 77-78 (3d Cir. Hennessy was unjustified and had damaged the MPD," and in which Hennessy acknowledged the existence of a tape of his confrontation with Soulsby. O'Donnell strongly disagreed, noting that a serial killer might be involved; at a routine staff meeting later in the day, the Chief of Police, Fred Thomas, ordered an investigation. Soulsby called on Hennessy to release the tape, and Hennessy, somewhat inexplicably, declined to do so until Soulsby released him from their agreement. The defendants moved to dismiss or in the alternative for summary judgment. Lumenpulse, the architectural LED-based lighting solutions company, has appointed Phil O'Donnell as the Vice President of Sales for the Asia-Pacific Region. 1 country hit, "That . Sevilla will be available to help in any way that we are able, to heal the pain and sadness of this tragic loss. 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. 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. Many of the facts he recounts are fiercely contested by the defendants; however, because the plaintiff's claims must be taken as true on a motion to dismiss, and the facts on the basis of which the district court granted summary judgment are not contested, we assume them to be true for purposes of the appeal as well. See Foster v. Ripley, 645 F.2d 1142, 1148 (D.C. Cir. Id. "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." If the public's view of the Soulsby-Hennessy pact would reasonably have been influenced by evidence as to Hennessy's (and Soulsby's) credibility, and if O'Donnell's words on that subject would have carried weight, then O'Donnell's comments might have made a sufficient contribution to the public debate to outweigh the governmental interest in his silence. When we decided to do an Oktoberfest for the maintenance staff, I told Phil that we should boil the Brats in beer before grilling it. Scottish football player Phil O'Donnell has died today after collapsing during a game in which his team Motherwell F.C., of which he was captain, were playing Dundee . Mosrie v. Barry, 718 F.2d 1151, 1161 (D.C. Cir. 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. We are "brothers from different mothers".. Passoin for skating, AND life was always welcome to the forum I visted.. But it is unclear on the present record what O'Donnell's letter really contributed to the public's knowledge about the Soulsby-Hennessy pact. These claims are not really distinct under applicable due process law, and they are in any event too broad. He died from a cardiac arrest after collapsing on the pitch on 29 December 2007. Certainly, we cannot be sure that he could have obtained, as was his stated wish, a job as chief of police in a "major city or municipality." The district court did not reach this question; we do, and we agree with the District. a. Memoranda. See D.C.Code 4-104 (permitting the Mayor to return Deputy Chiefs to the ranks of captain "when the Mayor so determines"). Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S. Ct. 3034, 97 L. Ed. He also earned one international cap for Scotland and twice won the PFA Scotland Young Player of the Year award. Charles L. O'Donnell. But Hall turns on a functional analysis of the employee's responsibilities and whether they demand the employee's unwavering fealty, not on an employee's length of service or nominal rank, O'Donnell's brief suggests that these memos were about issues that did later make a big media splash, like "lost evidence" and an "unguarded property warehouse."

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