Police officers lose lawsuit claiming free speech violation

? 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.