The whole of Barna is remembering Paddy Gill this week who died on Wednesday after battling a tough illness while being constantly supported by his family. Sarah L. Levitt entered an appearance. O'Donnell's work, although important, primarily involved support functions. There just is no replacing you. [28], In December 2010, a number of fellow Scottish footballers that had played alongside Phil had thought of his family announced they would trek up Cotopaxi in Ecuador in memory of Phil to raise 100,000 for the British Heart Foundation. Phil O'Donnell is known for 1998-99 Uefa Cup (1998). 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. Aaron Watson. Phil, you have been an important part of my life for the last 19 years. O'Donnell's letter to the editor raised two broad issues. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. 1994) (citations omitted). My thoughts are with his friends and family.' He was transferred almost immediately to an awaiting ambulance and taken to Wishaw General. O'Donnell also cites Soulsby's criticism of him in the Ballou High School speech; but O'Donnell's demotion was clearly triggered by his letter to the editor, and had no obvious link, temporal or logical, to the speech. 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. 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. Consider offering these words of comfort if you're not sure what's appropriate. My heart goes out to Puck, his family and all of our friends. 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. O'Donnell protested to Soulsby orally and in writing, and ultimately said that he would retire. 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. The article had caused considerable public controversy, and Soulsby was "incensed" because he believed that the story had been leaked by sources within the Police Department--specifically, by Captain William J. Hennessy, the head of the Homicide Branch, who was O'Donnell's immediate subordinate. Soulsby was confirmed as Chief of Police in December of 1995. There are, however, some limitations on this principle. 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. Soulsby also reassigned Captain Hennessy to a less responsible job, that of Night Supervisor. As Rule of Evidence 608 indicates, evidence as to the credibility of a witness can at times have substantial probative value. It claims that this renders him a "key deputy" under Hall. Choosing the right hub system to fit your duals is an important decision moveero have . I loved him as a brother and dear friend. O'Donnell argues that his claim fits within each of these two exceptions.4. O'DONNELL, Philip R."Phil" Age 83, Of Mashpee, formerly of North Reading. 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." "For a defamation to give rise to a right to procedural due process, it is necessary--we need not say when it is sufficient--that the defamation be accompanied by a discharge from government employment or at least a demotion in rank and pay." The District asserts that the first two elements of this test are not satisfied here: it claims that O'Donnell's speech was not on an issue of public concern, and asserts that, even if it was, the city's interest in the efficient operation of the Police Department far outweighed O'Donnell's interest in speaking out. 856 F.2d at 263. Log In. 2d 964 (1995). 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. 2d 708 (1976), and a number of courts of appeals have extended this principle to regulation of speech. A lateral transfer, even to a job that is regarded as a "dumping ground," cannot form the basis of a reputation-plus claim. As a leading manufacturer of hubs and spindles, we supply our Hub Systems range to all major manufacturers and OEM's across North America. And, as he describes his status within the Department, his policymaking role was decidedly marginal. a. Memoranda. He went on to play just 20 times in four years for Sheffield Wednesday (scoring once in a League Cup quarter final tie against Watford)[9] and was given a free transfer at the time of their relegation to Division Two in 2003. To plant trees in memory, please visit the. 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. Band. 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. Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. In the meantime, according to O'Donnell, he was doing an exemplary job of running the Property Division. [29], Since O'Donnell's death in 2007, his nephew David Clarkson is the only player to have worn the number 10 shirt, which he had up until his departure in 2009. Get free summaries of new D.C. 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. 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." And, although (as we have found) O'Donnell was not in Soulsby's inner circle when he wrote the letter, he was a fairly senior police official, so that it was of some importance that he appear loyal to his superiors. Motherwell have dealt with tragedy before. As a result, the two allegedly entered into a pact (which O'Donnell refers to as the "Soulsby-Hennessy agreement") under which Hennessy got a better job (but not in the Homicide Branch), in exchange for silence, especially at Soulsby's pending confirmation hearing. You have funeral questions, we have answers. [7] This form made him a target for bigger clubs and he moved to Celtic in September 1994; the fee of 1.75m was the highest Motherwell had received for a player, a record that lasted until the same club signed David Turnbull in 2020. See Orange v. District of Columbia, 59 F.3d 1267, 1274 (D.C. Cir. The report also criticized the Mayor's poor response to the scandal surrounding the Soulsby-Hennessy agreement, and said that senior executives in the Homicide Branch believed that the reassignment of Captain Hennessy was unjustified and had damaged the Police Department. O'Donnell gives only the vaguest account of Soulsby's reasons for opposing an investigation. He earned a law degree in Argentina and a Ph.D. from Yale University. (Nov. 15, 1884- Jun. O'Donnell now appeals this order. We got there early, I was sitting at the bar and Phil came up behind me and scared the heck out of me. 2d 1377 (1959)), or "substantially reduc [ing] the value of his human capital," Taylor v. Resolution Trust Corp., 56 F.3d 1497, 1506 (D.C. Cir. [13], He was survived by his wife Eileen, their daughters Megan and Olivia and sons Christopher and Luc, aged twelve, six, ten and four years respectively. From their descriptions in the record, O'Donnell's memos consisted entirely of innocuous, practical suggestions about Police Department policy. O'Donnell ended up with a job as Chief of Police of Brunswick, Maryland. He also earned one international cap for Scotland and twice won the PFA Scotland Young Player of the Year award. Log in or sign up for Facebook to connect with friends, family and people you know. Charles L. O'Donnell, C.S.C. Finally, we find that Soulsby is entitled to qualified immunity in the proceedings on remand. 1995), thus infringes a liberty interest. 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. Because both elements of the governmental-interest analysis are thus at their height, we must perform our analysis with especial caution, to avoid shortchanging the interests on either side of the equation. 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. Currently, Philip O'Donnell works as a Deputy Chief Financial Officer at Keolis Commuter Services. 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. 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." He also earned his sole league winner's medal with the club in 1998, but injuries proved to be a major concern and his appearances for the club were limited. Opinion for the Court filed by Circuit Judge WALD. Gordon Smith, chief executive of the Scottish Football Association, said: 'Phil was not just a wonderful footballer, he was a great human being. Sevilla director of football Monchi said, "This is terrible news. 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). 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. The allegations surrounding the pact are exceptionally intricate (one expects a Maltese falcon to enter into the story at any moment). 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." TRIBUTES have been paid to former Celtic and Motherwell player Phil O'Donnell on the 13th anniversary of his death. Id. Phil was a kind soul who kept life in my house interesting to say the least. Once again, Soulsby said that the transfer was because Barry thought O'Donnell was a racist. 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." 1995) (finding that a police department permissibly demoted a sergeant for sending a confrontational letter to another police department on official letterhead without first clearing the letter with the chief of police, as required by police department policy). Among his many production credits is the six-week No. Original reporting and incisive analysis, direct from the Guardian every morning, 2023 Guardian News & Media Limited or its affiliated companies. [4], A postmortem examination was carried out on 1 January 2008 and it was revealed O'Donnell died of left ventricular failure. 1995) (concluding that a firing without any associated public statements is not actionable). If he meant merely to comment generally on the character of Hennessy and Soulsby, then the letter is of little value to the public. 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." 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. Phil O'Donnell's children Megan , Olivia , Christopher and Luc line up as mascots with family friends. The district court dismissed all of O'Donnell's claims, except for one of the due process claims, as to which it granted summary judgment; O'Donnell has appealed. 2d 471 (1977). I have known Phil since I was 12. 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. It is with deep sadness that we announce the passing of our beloved husband, father and Papa on April 3, 2020 peacefully at hi The defendants moved to dismiss or in the alternative for summary judgment. All rights reserved. The following day, Soulsby and Barry demoted O'Donnell to the rank of captain, and ordered him to a comparatively low position as district patrol supervisor. 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 . [25] In November 2011, a permanent memorial to O'Donnell was erected on the side of the stand bearing his name. Interment private. [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. The District argues that, under Hall, Soulsby was entitled to transfer O'Donnell on the basis of the policy differences this (asserted) conversation revealed. This world is a darker place without the light of Mr. Phil's grin. But when it happens to someone you know and like, and someone you played with and trained with, it is horrible. Motherwell striker Chris Porter described the shock felt by the players on the field after the incident. He has particular knowledge of the LED market, having worked for Color Kinetics as . The Fir Park outfit re-signed him in January 2004, allowing him the chance to appear alongside his nephew, David Clarkson and earning him the club nickname, "Uncle Phil". O'Donnell's conversation with Soulsby about the Ballou High School speech also seems to have been motivated at least in part by personal grievances. Phillip "Phil" O'Donnell (25 March 1972 - 29 December 2007) was a Scottish football player. O'Donnell claims that the various measures that the District took against him effectively precluded him from pursuing his profession, and so bring him within the second prong of Kartseva. 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. See Hall v. Ford, 856 F.2d 255, 258 (D.C. Cir. As the District points out, O'Donnell's letter presented a substantial risk of harming his relationship with Soulsby and injuring Police Department morale and discipline. (modern), Phil O'Donnell, who died yesterday. Pickering v. Board of Educ., 391 U.S. 563, 568, 88 S. Ct. 1731, 20 L. Ed. 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. In some cases, the public interest in a high-level official's speech will outweigh any interest in that official's bureaucratic loyalty. Furthermore, O'Donnell's new job demonstrates that the stigma he suffered cannot have been too disabling. Charles L. O'Donnell. David Kessler's top 4 tips for dealing with holiday grief. This site is protected by reCAPTCHA and the Google. There are 100+ professionals named "Phil O'donnell", who use LinkedIn to exchange information, ideas, and opportunities. [27], There is am annual sponsored walk, started on 29 December 2008, to honour O'Donnell's memory. 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. Id. 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. [6], O'Donnell scored two goals in his debut for Celtic against Partick Thistle and went on to win another Scottish Cup in 1995. Players on the field, including his team-mate and nephew David Clarkson, were visibly shocked by the incident and O'Donnell received treatment for about five minutes before being carried from the pitch on a stretcher to a waiting ambulance outside Fir Park where he was taken to Wishaw General Hospital. Our family and Puck's family, the Deutermann's,were very touched by the outpouring of love and kindness. Since then this number, although not retired, has not been issued to any subsequent player. Id. The deal covers current and future copyrights. [citation needed], After leaving Celtic as a free agent,[8] O'Donnell signed for Sheffield Wednesday later that year. 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." But if the letter is read as a commentary on the believability of recent statements by Hennessy and Soulsby, it might have more significance. The Supreme Court found in Board of Regents v. Roth, 408 U.S. 564, 573-78, 92 S. Ct. 2701, 33 L. Ed. at 711, 96 S. Ct. 1155. 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. See also. "Speech that concerns issues about which information is needed or appropriate to enable members of society to make informed decisions about the operation of their government merits the highest degree of first amendment protection." In Connick v. Myers, 461 U.S. 138, 103 S. Ct. 1684, 75 L. Ed. And finally, the employer should have an opportunity to show "by a preponderance of the evidence that it would have reached the same decision even in the absence of the protected conduct." I don't even know where to begin. 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. In the 21st century, it's not just urns and gravestones anymore. I will not only treasure every memory, I will thank God for them, because my life is more meaningful for having known him. 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. 3. ole has signed a worldwide co-publishing deal with songwriter and producer Phil O'Donnell. In his second spell at Motherwell, he appeared in another cup final, this time being on the losing side as Rangers defeated them 51 in the 2005 Scottish League Cup. at 1528. Id. William L. Hennessy of the Metropolitan Police Department. Ed Durree joined the firm in 1975, and the firm name was changed to Strodel Kingery & Durree, Assoc. 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 Austin. 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." View the profiles of people named Phil ODonnell.
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