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Police officer’s suit alleging retaliation for political comment survives

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The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.

Roger Peele supported Steve Charnetzky’s Democratic primary campaign for mayor of Portage and worked on his campaign in his spare time. Charnetzky lost the primary to Olga Velazquez, who was endorsed by Porter County Sheriff David Lain. Peele spoke to the Northwest Indiana Times on May 8, 2007, criticizing coverage of the race and Lain’s endorsement. He said referring to Lain, “He won’t get any support here.”

The next day, the comments were published in the paper. On May 10, Peele was transferred to the desk-bound position of station duty officer by police chief Clifford Burch. Peele sued Burch, assistant chief Larry Jolley and the city, alleging retaliation and defamation.

In Roger L. Peele v. Clifford Burch, individually and as Portage Police Department Chief, et al., 12-3562, Peele only argued that the defendants punished him for his political speech in violation of the First Amendment.

He must first provide evidence that the defendants were motivated, at least in part, by a desire to retaliate against him for his protected speech. If he does that, then the defendants may counter by showing they would have reached the same result even without the protected speech.

The timing of his transfer was highly suspicious, the 7th Circuit noted. The court also pointed to the deposition of Joe Radic, the officer who held the station duty officer position prior to Peele. According to Radic, Burch told him that he would not have to work as the station duty officer any more because Peele was being transferred to the position because he “made the mayor mad.” This reference to the mayor was to Velazquez, who would presumably become mayor.

“If genuine, Burch’s statements would provide powerful evidence that Peele’s transfer was politically motivated. We think this evidence, combined with the suspicious timing of the transfer, could be enough to lead a reasonable jury to decide in Peele’s favor,” Judge Michael Kanne wrote.

This evidence also casts doubt on the defendants’ claims that they decided to transfer Peele on May 4 for other reasons but waited to tell him until May 10. The 7th Circuit remanded for further proceedings.

 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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