Stuart v. City of Framingham

989 F.3d 29

Vincent E. STUART, Plaintiff, Appellant,

v.CITY OF FRAMINGHAM, MASSACHUSETTS, f/k/a Town of Framingham; and Brian Simoneau, Assistant to the Chief of Police of the City of Framingham, Defendant, Appellees.

No. 20-1135

United States Court of Appeals, First Circuit.

February 24, 2021

Benjamin J. Wish, with whom Seth J. Robbins and Todd & Weld, LLP, Boston, MA, were on brief, for appellant.

John J. Cloherty III, with whom Pierce, Davis & Perritano, LLP, Boston, MA, was on brief, for appellees.

Before Lynch, Kayatta, and Barron, Circuit Judges.

LYNCH, Circuit Judge.

The district court granted summary judgment in favor of defendants City of Framingham and Brian Simoneau in this lawsuit brought by former Framingham police officer Vincent Stuart raising Garcetti speech retaliation and Massachusetts Whistleblower Act claims. See Garcetti v. Ceballos, 547 U.S. 410, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006) ; Mass. Gen. Laws ch. 149, § 185(b)(1). Because the undisputed facts demonstrate that defendants have met their burden to show that the adverse employment decisions would have occurred whether or not Stuart engaged in protected speech, we affirm the district court's entry of summary judgment. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977) (" Mt. Healthy"); Cf. Garcetti, 547 U.S. at 417-18, 126 S.Ct. 1951.

I.

A full recitation of the facts and issues in this case can be found in the district court's January 22, 2020, memorandum and order. Stuart v. City of Framingham, No. 1:16-cv-12559-IT, 2020 WL 360552, at *1-5 (D. Mass. Jan. 22, 2020). In brief, Stuart was a police officer in the Framingham Police Department ("FPD") from July 2000 until the termination of his employment on February 22, 2017. Id. at *1, *4. In 2014 he was promoted to lieutenant and served as a shift commander and as the commanding officer of the Framingham Weapons Training Unit. Id. at *1. Stuart was then a member of the Executive Board of the Framingham Police Superior Officers Association -- a police union. Id.

Between 2015 and 2017, Stuart made two unrelated complaints against other members of the FPD. The first was in 2015, when Stuart brought a complaint against Brian Simoneau, who was a civilian "Assistant to the Chief." Id. at *1-2. Stuart stated that Simoneau had performed non-civilian police functions, including motor vehicle stops and responding to police calls. Stuart's union also submitted a letter, which stated that Simoneau's behavior "open[ed] members of the Superior Officers Union to tremendous liability issues." Id. at *2. In response, Chief Kenneth Ferguson prohibited Simoneau from acting as a "Special Officer." Simoneau also participated in weapons training.¹ Id.

Separately, Stuart in 2016 filed a complaint against Lieutenant Robert Downing. Stuart had a long-running dispute with Downing. Their relationship had deteriorated rapidly between 2008 and 2009, while Downing was President of the Framingham Girls Softball League. As President, Downing "left Stuart's daughter off the [team] draft roster." Stuart and Downing's relationship never recovered. Stuart told Chief Ferguson in May 2016, for example, that "Downing is running around trying to screw me and my daughter." In April 2016, Stuart discovered that Downing was involved in an investigation into Stuart's daughter, who was a suspect in an assault and battery. On May 3, 2016, Stuart emailed himself a copy of the investigation report relating to his daughter.

On May 26, 2016, Stuart submitted his complaint against Downing to Framingham's human resources director. Stuart alleged that Downing had committed fraud, larceny, and other crimes, along with violations of FPD's internal policies. He claimed that Downing's "CTS -- Less Lethal Impact Munitions" instructor certification had expired in 2006, but Downing nonetheless continued to teach "Less Lethal Impact Munitions" courses and to certify on his overtime reports that he was a qualified instructor. Stuart also contacted Chief Ferguson and asked that Simoneau not be involved in any investigation of his complaint. Id. at *3.

On August 8, 2016, Deputy Chief Ronald Brandolini sent Stuart a Notice of Investigation, which stated, "your submission of [the Downing complaint] may ... constitute conduct unbecoming a Framingham Police Lieutenant and violate Department Rule 10.2 which prohibits the act of knowingly entering or causing to be entered ... a police report or police record [containing] any inaccurate, false, or improper information." FPD placed Stuart on paid administrative leave effective that day. That paid administrative leave lasted through February 22, 2017, after the investigation had been completed and after there was a further hearing on charges stemming from the investigation. Id. at *3-4. During the investigation, Brandolini interviewed individuals within the department and at the company that provided FPD with less lethal weapons training. On September 30, 2016 he submitted a 354-page report detailing his findings.² Brandolini concluded that Stuart had been untruthful in his complaint against Downing. He listed numerous false or misleading statements in Stuart's submission, including that "[Brandolini] specifically asked [Stuart] to compile ‘instructor certificates for the past five years,’ " that Stuart reviewed the certifications for all instructors, that he was able to get certificates for every instructor except Downing, that CTS training representative Dan Miller told Stuart the CTS certification records were highly accurate through 2009, that Miller told Stuart that Downing did not attend the 2011 instructor training, and that Miller only confirmed Downing's 2002 instructor certification and not certifications for other years. Brandolini explained in his report that he began to investigate Stuart almost immediately after he saw the Downing complaint. He "quickly determined [the complaint] was not accurate" by checking Downing's "Less Lethal Impact Munitions" certification records in FPD's internal computer system and confirming with FPD's payroll coordinator that Downing had not claimed overtime for work as a Less Lethal Impact Munitions instructor on at least thirty-one of the thirty-six dates that Stuart alleged in his complaint. Brandolini was also aware of the longstanding issues between Stuart and Downing. Brandolini states, "anyone with knowledge of the Stuart-Downing relationship" would "conclude[ ] that Stuart harbors substantial hatred towards Downing."

After receipt of Brandolini's investigative report, the City appointed an outside independent hearing officer to hear the allegations against Stuart. See Mass. Gen. Laws ch. 31, § 41. It selected John Collins, an attorney who is not an employee of the City. On January 31, 2017, Collins conducted the disciplinary hearing. At the hearing Collins heard witnesses and received exhibits. Brandolini testified on behalf of the City, and Stuart called two witnesses: Lieutenant Stephen Cronin and Stuart's union president, Sergeant Scott Brown.³ Collins also "repeatedly invited" both sides to call Stuart as a witness, but Stuart chose not to testify. Stuart and the City were represented by counsel. Both lawyers examined witnesses and presented argument.

On February 16, 2017, Collins issued a twenty-eight-page report detailing his findings from the hearing and recommending that FPD fire Stuart. Collins found that the evidence presented at the hearing corroborated the findings in the Brandolini report as to Stuart's violations. He also found that Stuart had not substantiated his assertions in defense. Collins concluded that Stuart violated the Department's rules concerning competence, filing false reports, truthfulness, and conduct unbecoming of an officer. Consistent with FPD's policy that officers who engaged in dishonest conduct must be fired, Collins recommended that each of the violations of FPD's policies regarding filing false reports and untruthfulness "requir[ed] termination" of Stuart's employment. He stated that in light of the obligation imposed on law enforcement officers by the Brady and Giglio ⁴ doctrines, Stuart was "unable to perform essential job duties including testifying credibly in court or in other forums." Collins also recommended that Stuart's violation of FPD's rule concerning conduct unbecoming of an officer, on its own, warranted a "moderate period of suspension" between "30 [and] 60 day[s]," and his violation of the rule concerning incompetence warranted a 30-day suspension. Stuart has presented no evidence that Collins was ever aware of the Simoneau complaint, and Stuart does not allege that he was. Stuart did not appeal from the hearing determination to the Civil Service Commission, as he was entitled to do. Mass. Gen. Laws ch. 31, §§ 41, 43.

On February 22, 2017, then Acting Chief Steven Trask (who replaced Chief Ferguson while Ferguson was on medical leave, beginning November 16, 2016) accepted Collins' recommendation and terminated Stuart's employment.⁵

Stuart, 2020 WL 360552, at *4. Trask issued Stuart a termination letter, which stated, "having thoroughly reviewed and carefully considered Hearing Officer Collins' findings, conclusions, and recommendations, I adopt and agree with them.... Therefore, for all the reasons set forth in [the Collins report], and after a thorough examination of the entire record in this matter, effective this date I am hereby discharging you from employment with the Framingham Police Department."

On December 20, 2016, Stuart brought this suit against the City of Framingham and Simoneau. He initially sued just to challenge his suspension with pay during FPD's investigation of the Downing complaint as retaliation in violation of the First Amendment and the Massachusetts Whistleblower Act. Stuart alleged that Simoneau improperly motivated the investigation into Stuart, delayed giving Stuart notice of the investigation, protected Downing from...