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at 265. A public official seeking to make out a claim of retaliation in violation of her First Amendment rights must meet a four-factor test. Phil O'Donnell - Director, Contact Strategy & Loyalty Incentives - LinkedIn My thoughts and prayers go out to the O'Donnells. 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. 856 F.2d at 263. Although it no doubt would have been difficult for Soulsby and O'Donnell to work together after O'Donnell's letter was written, on the record as it stands their working relationship seems to have been very limited in any case: O'Donnell occasionally wrote Soulsby memoranda (and received no response), and the two occasionally saw each other at meetings, but there appears to have been little other working relationship. 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. The following season, he replaced Scott Leitch as club captain. He was like all of the good parts of Connie and Phil put together. or. Drawing. When I spent time with Mr. Phil, I felt in equal parts happy, safe, beautiful and strong. Thus, this conversation, too, was on a topic of public concern. (1-268 of 268) Year. O'Donnell, who was 35, was set to be replaced in the closing stages of the game by substitute Marc Fitzpatrick, but fell to the ground before the substitution could take place. In order to decide whether a public employee is within the "narrow band" of "key deputies" who are subject to this analysis, id. 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. I will not only treasure every memory, I will thank God for them, because my life is more meaningful for having known him. Soulsby also reassigned Captain Hennessy to a less responsible job, that of Night Supervisor. [10] He was 35 years of age. The first signs of trouble came in May of 1995, when Soulsby called O'Donnell into his office to discuss a newspaper article that reported that the Police Department had failed to resolve a total of 123 unexplained deaths of African-American women over a ten-year period. These submissions support the CA submissions and take the form of relying 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. 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. But when it happens to someone you know and like, and someone you played with and trained with, it is horrible. Kartseva, 37 F.3d at 1529 (quoting Greene, 360 U.S. at 492, 79 S. Ct. 1400). As a leading manufacturer of hubs and spindles, we supply our Hub Systems range to all major manufacturers and OEM's across North America. O'Donnell says that Soulsby at some point publicly apologized for entering into his pact with Hennessy, but we do not know whether this apology occurred before or after O'Donnell wrote his letter. 1 hits "Doin' What She Likes" (Blake Shelton), "Give It All We Got Tonight" (George Strait), and "Back When I Knew It All" (Montgomery Gentry), and also produced Craig Morgan's six-week No. See Connick, 461 U.S. at 152-53, 103 S. Ct. 1684. Id. Former England defender Andy Hinchcliffe, a team-mate of O'Donnell's at Sheffield Wednesday, was stunned by the news. First, it might have "formally or automatically exclude [d] Kartseva from work on some category of future State contracts or from other government employment opportunities." Nor may O'Donnell sue purely on the basis of the stigma associated with being fired; the Court found in Paul v. Davis, 424 U.S. 693, 96 S. Ct. 1155, 47 L. Ed. The money raised from the walk goes directly to charities such as the British Heart Foundation and Mary's Meals. Philip ODonnell Profiles | Facebook O'Donnell may well have suffered some stigma in the job market as a result of his demotion. 100+ "Phil O'donnell" profiles | LinkedIn O'Donnell played for Motherwell, Celtic and Sheffield Wednesday over the course of his career. See Hall v. Ford, 856 F.2d 255, 258 (D.C. Cir. Motherwell striker Chris Porter described the shock felt by the players on the field after the incident. 1. Steve Wakeman and Phil O'Donnell joined the firm in 1981 and 1984, respectively. Motherwell have dealt with tragedy before. Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. 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. I don't even know where to begin. Liked by Philip O'Donnell. We do not know which reading a reasonable member of the public would have adopted, or to what extent the credibility of statements by Hennessy and Soulsby was important in the public's mind when O'Donnell wrote his letter. Scotland Loses a Beloved CaptainPhil O'Donnell 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. All rights reserved. Id. [11] His funeral was on 4 January, at St Mary's Church in Hamilton. 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. Second, the court must consider whether the governmental interest in "promoting the efficiency of the public services it performs through its employees" without disruption, Pickering, 391 U.S. at 568, 88 S. Ct. 1731, outweighs the employee's interest, "as a citizen, in commenting upon matters of public concern," id., and the interest of potential audiences in hearing what the employee has to say, United States v. National Treasury Employees Union, 513 U.S. 454, 468, 115 S. Ct. 1003, 130 L. Ed. He won a Scottish Cup winner's medal after scoring with a diving header to put Motherwell 2-1 up in a 43 victory over Dundee United in the final that year. O'Donnell was married to Eileen and they had four children. The value of a communication to the public hinges on the extent to which a reasonable member of the public would give it weight in deciding issues of public importance. 4, 1934) was an American Catholic priest, military chaplain of the US Army and President of the University of Notre Dame from 1928 to 1934. Phil O'Donnell's children Megan , Olivia , Christopher and Luc line up as mascots with family friends. My deepest sympathies go to the O'Donnell family and those close to him. Government action that has the effect of "seriously affect [ing], if not destroy [ing]" a plaintiff's ability to pursue his chosen profession, Kartseva, 37 F.3d at 1529 (quoting Greene v. McElroy, 360 U.S. 474, 492, 79 S. Ct. 1400, 3 L. Ed. Connick emphasized, however, that " [w]hether an employee's speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record." Gordon Smith, chief executive of the Scottish Football Association, said: 'Phil was not just a wonderful footballer, he was a great human being. 3. Scottish footballer Phil O'Donnell collapses during game and dies N.W., on Saturday, October 22 at noon. O'Donnell began his career with the Police Department almost three decades ago, in 1969. The Supreme Court has found that a police department may legitimately regulate its officers' personal grooming in order to make its officers readily recognizable and promote "esprit de corps," Kelley v. Johnson, 425 U.S. 238, 248, 96 S. Ct. 1440, 47 L. Ed. About. Soulsby was confirmed as Chief of Police in December of 1995. In 1999 O'Donnell was among a number of players who failed to agree terms on a new contract with Celtic chairman Fergus McCann and instead moved on. 1 country hit, Thats What I Love About Sunday (Craig Morgan), which was the most played country song of 2005. Our family and Puck's family, the Deutermann's,were very touched by the outpouring of love and kindness. O'Donnell began his career with the Police Department almost three decades ago, in 1969. O'Donnell claims that his transfer from the job of Deputy Chief of Police for Investigative Services to the (less desirable) job of head of the Department's Property Division, followed by his demotion to the rank of captain and the position of district patrol supervisor, violated his free speech and due process rights under the Constitution. 1990) (" [F]reedom of speech is not traded for an officer's badge"); in particular, when a police officer speaks out on an issue that he is uniquely qualified to address, we must be cautious in accepting the claim that the public interest demands that he be silent. Apparently, this was planned by a group of people across the room that got a huge kick out of it. [20], Thousands of tributes from around the world were posted on the Internet. However, he was pronounced dead at 17:18 hours. Everyone thought he would be OK and he had just fainted, so it was a real shock to find out he had passed away. Before we launch into the governmental-interest analysis, we will dispose of two preliminary issues. Right now, my thoughts are with Phil's family and everybody at Motherwell. 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. But if the letter is read as a commentary on the believability of recent statements by Hennessy and Soulsby, it might have more significance. In the eyes of an informed reader, some of the statements in O'Donnell's letter, such as his discussion of Hennessy's illustrious service at the Homicide Branch, might have taken on a significance that is invisible to us now. Hennessy to be a very loyal and extremely knowledgeable and hard-working individual--one who clearly is dedicated to the Metropolitan Police Department and the citizens of the District of Columbia. "First, the public employee must have been speaking on a matter of public concern. In lieu of flowers, contributions to a charity of your choice. All tho, I didn't know Phil Physically, I knew his spirt. 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. We have a proven track record of providing long term solutions with a focus on efficiency and performance. Unfortunately, with the death of Phil O'Donnell, Motherwell have suffered a similar tragedy to ours. O'Donnell was born on 25 March 1972 in Bellshill, North Lanarkshire, a few miles away from Motherwell's Fir Park ground. Phillip "Phil" O'Donnell (25 March 1972 - 29 December 2007) was a Scottish football player. The district court granted the motion to dismiss as to the first two counts, and the motion for summary judgment as to the third. An authentic gentleman, and truly kind, I will miss him greatly. My thoughts are with his friends and family.' He cites five events that prompted the retaliation against him: (1) his memo to Soulsby ranking crime issues in the District; (2) his discussions with Soulsby about the need to investigate the deaths of the 123 women; (3) his criticism of Soulsby's claim in the Ballou High School speech that the unsolved deaths were only discovered after O'Donnell and Hennessy were transferred; (4) his memos on improvements in the function of the Property Division; and (5) his letter to the Washington Post. On Tuesday, October 18, 2005. He will not be forgotten. The deal covers current and future copyrights. Charles L. O'Donnell. 1995), thus infringes a liberty interest. O'Donnell argues that his claim fits within each of these two exceptions.4. Phil ODonnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. Phil O'Donnell | Soccer | The Guardian He also avers that Soulsby ignored his memos about policy changes at the Property Division in order to discourage him from uncovering problems at the Department, and that these memos later helped prompt his demotion. Phil and Connie-what a shock to receive your email last nightmy love and support go with you always.Remembering when our kids were young and free and always Flip with his big smile from ear to ear.no one will ever forget thatwill call you soon. They're not a map to follow, but simply a description of what people commonly feel. Join Facebook to connect with Phil O'Donnell and others you may know. It got to the point that a weekend just wasn't complete without Phil dropping by. "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." These claims are not really distinct under applicable due process law, and they are in any event too broad. Indeed, it may be that those employees who are dissatisfied with their workplaces are precisely those who are likeliest to notice malfeasance, and be willing to speak up about it. Cynthia and I were so happy when he and Caroline announced their intention to marry, and it was so typical of Phil that he honored tradition by formally asking for our approval. Kartseva, 37 F.3d at 1529 (quoting Cafeteria Workers v. McElroy, 367 U.S. 886, 895-96, 81 S. Ct. 1743, 6 L. Ed. 1985). See D.C.Code 4-104 (permitting the Mayor to return Deputy Chiefs to the ranks of captain "when the Mayor so determines"). (O'Donnell did, however, retain his rank as Deputy Chief of Police.) Tao, 27 F.3d at 639. Other players such as David Clarkson and James McFadden played in the game. . 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.

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