Topeka — Two Topeka police officers who were disciplined for statements made in e-mails and in a letter to a newspaper have lost a lawsuit claiming that the city of Topeka and a former police chief breached their right to free speech.
A federal judge on Friday dismissed the lawsuit filed by officer Ken Eaton and former officer George Campbell against the city and former Chief Steve Harsha.
U.S. District Judge Julie Robinson wrote Friday that the city had the right to discipline Eaton and Campbell, who are white, for statements that the city deemed racially insensitive to Glenda Overstreet, president of the Topeka branch of the National Association for the Advancement of Colored People.
Eaton and Campbell were disciplined in March 2006 after they sent e-mails to Overstreet in response to a column she wrote in The Topeka Capital-Journal. Eaton also was disciplined after a letter to the editor he wrote was published in the Topeka Metro News and the Capital-Journal. The city suspended Campbell for one day and Eaton for 15 and demoted Eaton from detective to patrolman.
Robinson said the city and Harsha's interest in the efficient operation of the police department outweighed Eaton's and Campbell's interest in making statements about blacks and the black community in Topeka.
"Therefore, Chief Harsha did not violate plaintiffs' constitutional rights to free speech by imposing discipline," Robinson wrote.
City spokesman David Bevens said city officials were pleased with the ruling.
Clint Patty, an attorney for Eaton and Campbell, said Friday he wouldn't comment until he met with his clients Monday.
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smitty (anonymous) says…
In our town it's the police chief that co-writes the racist statements.
former detective files claim against the city
Ric Anderson, J-W Staff Writer
February 10, 1993
A former Lawrence police detective who believes he was fired in retaliation for bringing allegations of racial insensitivity against department supervisors has filed a claim against the city seeking reinstatement or a $1.5 million settlement.
In a seven-page claim filed Tuesday, David Davis said supervisors committed a breach of contract when they suspended and fired him after he had spent 15 years on the force.
The claim largely mirrors a motion Davis filed in mid-January in Douglas County District Court seeking a court order that would force the city to turn over documents related to his firing.
davis said he needed the documents to defend himself in grievances he filed against the city after his suspension and firing.
Although most information in the claim already has been publicized, the claim contains some new details.
Among them, Davis alleges that Lawrence Police Chief Ron Olin helped write a story for the state Fraternal Order of Police magazine that enraged local Native Americans because of references about the deaths of several Indian men.
In the story, former police department spokesman Chris Mulvenon responded to media reports hinting that a serial killer was involved by writing "the only evidence pointing to a serial in the case was cereal malt beverage."
When the story was published in March 1991, Olin said he hadn't read it. In response to complaints about the article, Mulvenon was reassigned.......
smitty (anonymous) says…
Harry Oliver...hit and run death on Mass..never solved
Sandoval found floating the Kaw...never solved
Dawes..found floating in the Kaw...never solved
Bread...hit and run on east 15th....suspest arrested in the last 2 hours before statute of limitaions were up....the woman in the van the night of the hit and run had reported to the father of her child and several other people that she was the one driving but she was not arrested. KBI notified but...questionable resolution to the death and not solved at the time of the article.
Hispanic woman found in a culvert by Stull and thought to be confused for a native...never solved.
These are the majority of the deaths that had the native community fearful of the serial killer. This is the way Olin, our police chief handeled the public realtions of their expressed fear. This is the attitude Olin cultivated with in his police force that led to the irrational actions of Bordman in Sevier's death that soon followed.
Olin's racism has yet to be addressed by our city.
yellowhouse (anonymous) says…
Yellow House Charges dismissed!
yea,.... Just like we said all along we were innocent!
Our CASE Has been dismissed! After nearly two years of being investigated its finally over!
smitty (anonymous) says…
I take it you choose this thread because of the racism by police subject. How is the slander case against you by a LPD member going?