It may also be that the state of the debate was such that an informed reader would infer from O'Donnell's letter that his comments on Hennessy's and Soulsby's veracity were based not only on a general knowledge of their character, but also on personal knowledge of some of the events surrounding the Soulsby-Hennessy agreement. Some basic help and starters when you have to write a tribute to someone you love. Furthermore, O'Donnell's new job demonstrates that the stigma he suffered cannot have been too disabling. Philip O'Donnell Work Experience and Education. See D.C.Code 4-104 (permitting the Mayor to return Deputy Chiefs to the ranks of captain "when the Mayor so determines"). Soulsby could safely dispense with answering his memos, and O'Donnell was relegated to the audience at meetings of high-level Police Department officials. Sheffield Wednesday's matches at Hull City and at home to Preston North End were preceded by a minute's applause as a mark of respect to their former player, with the Hillsborough flags flying at half mast. Id. His job seems to have had some policy responsibilities; he was in charge of a number of Police Department facilities, and his complaint describes several reforms he instituted in their operations, seemingly on his own initiative. O'Donnell also avers that Soulsby transferred him to the Property Division in retaliation for the conversation in which O'Donnell argued that the 123 deaths should be investigated further, and that his demotion was partially prompted by the later conversation in which O'Donnell reprimanded Soulsby for misleading the public about the investigation of those same deaths. 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. (Because this fact did not appear in O'Donnell's complaint, the district court could not consider it in ruling on the District's motion to dismiss; it therefore granted summary judgment as to Count III of O'Donnell's complaint.). Once again, Soulsby said that the transfer was because Barry thought O'Donnell was a racist. In some cases, the public interest in a high-level official's speech will outweigh any interest in that official's bureaucratic loyalty. Jo Anne Robinson, Principal Deputy, entered an appearance. Our work in landmark, commercial, industrial and domestic architecture provides the background . The Court concluded that (with one exception not relevant here) the "questions reflect [ed] one employee's dissatisfaction with a transfer and an attempt to turn that displeasure into a cause celebre" and hence did not raise issues of public concern. Interment private. Moreover, O'Donnell says that Soulsby called the article about the backlog "untrue"; although it is unclear what this means, one reading would be that Soulsby believed that there was no unusual backlog because the number of unsolved murders of African-American women was no larger (taking populations into account) than the backlog of unsolved murders generally. 3. 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. You had friends from all walks of life and I know they all miss you terribly. He was one of the most articulate, enlightened, and non-judgemental individuals I've ever met. [12] He was then buried in the town's Bent Cemetery. eBay. 2d 523 (1987). [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. One day I asked Phil's advice on naming my first cat. 1988) (noting that the plaintiff and the supervisor she criticized did not work closely together). 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. 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. 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. 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 . However, the reach of this protection is not unlimited. Director, Contact Strategy & Loyalty Incentives. 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." Philip is related to Philip T Odonnell and Roger E Odonnell as well as 3 additional people. The district court should permit the parties to develop these issues further on remand. This site is protected by reCAPTCHA and the Google. To this day, we talk about the Thanksgiving when Phil & the QHS Boys were on the roof of my house (supposedly shoveling snow off the skylights). There are, however, some limitations on this principle. 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. Charles L. O'Donnell. Soon afterwards, Soulsby told O'Donnell that Mayor Marion Barry was blocking O'Donnell's promotion to Assistant Chief of Police (a promotion Soulsby had promised to secure). The match was between a Celtic side drawn from their 1998 title-winning squad and a Motherwell side drawn from their 1991 Scottish Cup win. 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. Phil was "the" character of QHS. When he returned, in September 1995, he learned that he was to be transferred to a less responsible position, that of Commander of the Property Division. 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. He hailed the midfielder as a "great professional. Among his many production credits is the six-week No. 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. 2d 708 (1976), and a number of courts of appeals have extended this principle to regulation of speech. Phil's brilliant way with people showed in how he bridged the great divide between me (goody two-shoes) and my sister (the black sheep) in high schoolboth of us thought the world of Phil and counted him as a friendfor Katy, he was one of her best friends. 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." Circuit U.S. Court of Appeals opinions delivered to your inbox! We conclude, however, that the evidence in this case falls short of that required to make out a claim under Roth and Kartseva. As to this claim, we remand to permit the district court to determine, on the basis of a more complete record, what the significance of O'Donnell's references to the "credibility" of Hennessy and Soulsby would have been to an informed member of the public at the time O'Donnell wrote his letter, and in turn to decide to what degree the letter touched on a topic of public concern and hence weighed against the government's interest in O'Donnell's silence. 1988). David Kessler's top 4 tips for dealing with holiday grief. He has particular knowledge of the LED market, having worked for Color Kinetics as . See Connick, 461 U.S. at 152-53, 103 S. Ct. 1684. 'He went down and no one really knew what had happened. See also. Log In. The Scotland cap passed away on December 29, 2007, after collapsing on the Fir Park pitch due to heart failure during a match against Dundee United. Choosing the right hub system to fit your duals is an important decision moveero have . On September 23, 1996, O'Donnell brought suit against the District of Columbia, against Police Chief Soulsby and Mayor Barry in their official capacities, and against Soulsby in his individual capacity. 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. Liked by Philip O'Donnell. Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. 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." Drawing. After his complaint was filed, he became police chief in Brunswick, Maryland, whose population is 6,000. 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. Mosrie, 718 F.2d at 1156, 1161-62. But when O'Donnell was transferred to the Property Division, he moved outside of the "narrow band" we discussed in Hall. Mosrie, 718 F.2d at 1161 (emphasis added). Kartseva, 37 F.3d at 1529 (quoting Cafeteria Workers v. McElroy, 367 U.S. 886, 895-96, 81 S. Ct. 1743, 6 L. Ed. We address these two issues in that order. O'Donnell brings more than 35 years of senior-level management and sales experience to the position. To begin with, the stigma associated with O'Donnell's demotion was less severe than that attached to Kartseva's disqualification. There is no need for a plaintiff to make such a request explicitly, so long as it is reasonably clear that what the plaintiff complains of includes the lack of a hearing. We'll help you find the right words to comfort your family member or loved one during this difficult time. [16] These postponements contributed to fixture congestion at the end of the 200708 season, which required the 200708 Scottish Premier League season to be extended when Rangers reached the 2008 UEFA Cup Final. V CELTIC.HAMPDEN PARK - GLASGOW .Motherwell's Chief Operating Officer Alan Burrows with Luc O'Donnell, son of Motherwell legend Phil O'Donnell . ODonnells songwriting credits include George Straits 60th No. Henrik Larsson described the match as "a sad occasion but at the same time it's a kind of celebration for everything." [25] In November 2011, a permanent memorial to O'Donnell was erected on the side of the stand bearing his name. William L. Hennessy of the Metropolitan Police Department. It is believed Phil suffered some form of seizure and was pronounced dead at 17:18. These submissions support the CA submissions and take the form of relying He died from a cardiac arrest after collapsing on the pitch on 29 December 2007. 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." Share it with your friends! [4] O'Donnell began his career with his local team, making his first team debut in the 199091 season against St Mirren and soon became a regular first team player. Although he has moved from a large city to a town (Washington's population is over 500,000, as against Brunswick's population of 6,000), he has moved up in the ranks; he is now chief of police. The following season, he replaced Scott Leitch as club captain. View the profiles of people named Phil ODonnell. The district court granted the motion to dismiss as to the first two counts, and the motion for summary judgment as to the third. Second, and more importantly, the letter contributed to the public's knowledge of the Soulsby-Hennessy agreement, and thus of Soulsby's fitness for office. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. 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. [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. 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. Phil ODonnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. 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. He earned a law degree in Argentina and a Ph.D. from Yale University. The Federal Rules of Evidence provide a useful guidepost for assessing the probative value of O'Donnell's comments. 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. We affirm the district court's disposition (by dismissal and summary judgment) of O'Donnell's due process claims. 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). Soulsby did not respond; O'Donnell claims that this was because Soulsby wished to keep things quiet pending his confirmation as Chief of Police by the D.C. City Council. Id. Unwanted Man. Since then this number, although not retired, has not been issued to any subsequent player. O'Donnell claims that after he wrote Soulsby a memo about crime-fighting policy in the District, Soulsby transferred him to the Property Division to block discussion of crime in the District until after Soulsby was confirmed. See Photos. 1995), thus infringes a liberty interest. | Learn more about Philip O'Donnell's work experience, education, connections & more by visiting their . See Hall v. Ford, 856 F.2d 255, 258 (D.C. Cir. At this stage we do not have all the facts surrounding the tragic death of Phil O'Donnell. 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. Doe v. United States Department of Justice, 753 F.2d 1092, 1103 (D.C. Cir. 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. Gordon Smith, chief executive of the Scottish Football Association, said: 'Phil was not just a wonderful footballer, he was a great human being. 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. O'Donnell argues that his claim fits within each of these two exceptions.4. 1988). People named Philip ODonnell. Sevilla will be available to help in any way that we are able, to heal the pain and sadness of this tragic loss. I can honestly say when I heard the news on the radio, a shiver went down my spine.'. The speech of public employees like O'Donnell enjoys considerable First Amendment protection; the Supreme Court has "unequivocally rejected" the proposition that public employees "may constitutionally be compelled to relinquish the First Amendment rights they would otherwise enjoy as citizens to comment on matters of public interest." 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. 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. The vagueness of O'Donnell's complaint, however, renders this reading, and any other, speculative. My deepest sympathies go to the O'Donnell family and those close to him. I will not only treasure every memory, I will thank God for them, because my life is more meaningful for having known him. Robert C. Seldon, Washington, DC, argued the cause for appellant, with whom Joanne Royce was on the briefs. Phil O'Donnell Tribute 1972-2007I will remove disrespectful comments. Getting Started | Contributor Zone . 1994) (citations omitted). 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. See id. 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. Currently, Philip O'Donnell works as a Deputy Chief Financial Officer at Keolis Commuter Services. At the end of the night I gave Phil one of my infamous "man hugs" and told him I would see him soon. I wanted it to be an alcohol-related name. O'Donnell's account of the events surrounding his transfer and demotion is set out below. (Nov. 15, 1884- Jun. He also earned one international cap for Scotland and twice won the PFA Scotland Young Player of the Year award. Mr. Phil. My thoughts are with his friends and family.' Id. Information and advice to help you cope with the death of someone important to you. The district court did not reach this question; we do, and we agree with the District. Get free summaries of new D.C. My thoughts and prayers go out to the O'Donnells. The Rev. We thus affirm the district court's dismissal of this element of O'Donnell's claim.3. 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. Requiring a demotion or firing to trigger a defamation claim also helps to limit the scope of permissible due process claims to a small set of truly serious claims, thus limiting the constitutionalization of tort law. 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. The second comment overshadows the first both in its potential value to the public and in its potential disruptiveness; we will therefore focus our analysis of that aspect of the letter. It is unclear on the present record to what extent Soulsby contested Hennessy's account of the pact. There had already been some public debate about the effectiveness of the Homicide Branch (in the 60 Minutes broadcast); O'Donnell's letter contributed to this debate, and thus was on a subject of public concern. O'Donnell's letter to the editor raised two broad issues. 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. His complaint does not attribute any dishonorable motive to Soulsby (such as a desire to cover up the Department's errors), and on this appeal O'Donnell cites no reason to believe that Soulsby had any such motivation. O'Donnell may well have suffered some stigma in the job market as a result of his demotion. Steve Wakeman and Phil O'Donnell joined the firm in 1981 and 1984, respectively. O'Donnell penned the No. Winger Davie Cooper (a team-mate of O'Donnell's for several years) died at 39 in 1995 after suffering a brain haemorrhage when filming a training video. Album. 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"). First, O'Donnell's transfer to the Property Division did not involve any loss of rank. at 147-48, 103 S. Ct. 1684. 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. Although this did not leave O'Donnell entirely free to kick the Department while it was down, the fact that his criticism was cumulative does diminish the harm it caused. Pickering v. Board of Educ., 391 U.S. 563, 568, 88 S. Ct. 1731, 20 L. Ed. He took it one step higher and said the beer should be Guinness. 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. If so, the conversation turned on a legitimate disagreement about statistics, rather than on a potential dereliction of duty. O'DONNELL, Philip R."Phil" Age 83, Of Mashpee, formerly of North Reading. It is my opinion that Capt. at 263, we consider whether the employee's job relates to policy matters, and whether the employee has "broad responsibilities with respect to policy formulation, implementation, or enunciation." 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. If it is O'Donnell's claim that Soulsby retaliated against him for seeking to dissuade Soulsby from committing a grave breach of the public trust (or for some other impermissible reason) he should make that claim more explicitly. As to those on the government's side, the Court explained in Rankin v. McPherson, 483 U.S. 378, 388, 107 S. Ct. 2891, 97 L. Ed. Soulsby also reassigned Captain Hennessy to a less responsible job, that of Night Supervisor. ole has signed a worldwide co-publishing deal with songwriter and producer Phil O'Donnell. 96cv02195). Fiance of Caroline Deutermann; son of Philip F. and Constance O'Donnell; brother of Ann (Chuck) Lucas; uncle of Chip and David Lucas; You can explore additional available newsletters here. The district court dismissed O'Donnell's First Amendment claims before any record had been developed, and indeed before the District filed an answer. Tao v. Freeh, 27 F.3d 635, 638-39 (D.C. Cir. O'Donnell denied that Hennessy was the source of the news report, and added that the Homicide Branch was aware of the unsolved homicides and was already conducting an investigation.