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. Id. "[15] On 31 December the SPL postponed the Celtic v Rangers fixture scheduled for 2 January 2008, following a request by O'Donnell's former club Celtic, which was agreed by Rangers. 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. eBay. O'Donnell also says that he had intended to seek out a job as chief of police of a large city, but that his demotion "irreparably stigmatized" him in "the close-knit world of chiefs of police of large cities and municipalities and eliminated him from any real consideration for positions such as these." According to ZoomInfo records, Philip O'Donnell's professional experience began in 1977. Last time I was out in Baltimore was for a skatepark fundraiser. Kartseva was disqualified, for unknown but potentially serious reasons, from an uncertain and perhaps broad range of government employment; we found this to be potentially sufficiently stigmatic to render her unemployable in much of her field. It is a very rare person that can bring out the best of those around them in such a fashion. It claims that this renders him a "key deputy" under Hall. To begin with, the stigma associated with O'Donnell's demotion was less severe than that attached to Kartseva's disqualification. 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. Phil "Philbilly" O'Donnell - Bio. Hennessy is an extremely credible person--unlike the chief of police. However, the reach of this protection is not unlimited. Gordon Smith, chief executive of the Scottish Football Association, said: 'Phil was not just a wonderful footballer, he was a great human being. When we decided to do an Oktoberfest for the maintenance staff, I told Phil that we should boil the Brats in beer before grilling it. See D.C.Code 4-104 (permitting the Mayor to return Deputy Chiefs to the ranks of captain "when the Mayor so determines"). The district court did not reach this question; we do, and we agree with the District. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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"). O'DONNELL, Philip R."Phil" Age 83, Of Mashpee, formerly of North Reading. 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. 1995) (concluding that a firing without any associated public statements is not actionable). Join Facebook to connect with Phil ODonnell and others you may know. 2d 471 (1977). Sign up for our free summaries and get the latest delivered directly to you. See Foster v. Ripley, 645 F.2d 1142, 1148 (D.C. Cir. 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. During this time, I observed Capt. 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. 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. O'Donnell was born on 25 March 1972 in Bellshill, North Lanarkshire, a few miles away from Motherwell's Fir Park ground. It's surprising how much a musical selection can affect mourning. The defendants moved to dismiss or in the alternative for summary judgment. Phil ODonnell joined the firm in 1994, becoming a partner in 2008. O'Donnell's work, although important, primarily involved support functions. He will not be forgotten. b. Supposedly, O'Donnell was punished for disagreeing with Soulsby's order that nothing should be done to investigate allegations that 123 murders of African-American women had gone unsolved, even though a serial killer might be at large--suggesting that O'Donnell was challenging a severe breach of the public trust. These claims are not really distinct under applicable due process law, and they are in any event too broad. Fiance of Caroline Deutermann; son of Philip F. and Constance O'Donnell; brother of Ann (Chuck) Lucas; uncle of Chip and David Lucas; also survived by numerous aunts, uncles and cousins. On these facts, O'Donnell cannot be labeled a "key deputy."1. I did not support Capt. We got there early, I was sitting at the bar and Phil came up behind me and scared the heck out of me. He said: 'When you hear of things like this, with Marc-Vivien Foe and the Spanish lad at Seville [Antonio Puerta] recently, you regard it as a shock because footballers tend to be so fit. Hall v. Ford, 856 F.2d 255, 259 (D.C. Cir. (We emphasize that we use these rules only as a framework for our analysis; by no means do we purport to import the rules of evidence wholesale into the First Amendment.) Subscribe for more!Leave a comment below with your thoughts.Want more? Original reporting and incisive analysis, direct from the Guardian every morning, 2023 Guardian News & Media Limited or its affiliated companies. There were many demands for Hennessy and Soulsby to release the tape. I feel bad now for not being able to meet such a kind person face to face as it's those kinds of people who enlighten everyone they meet. Although, as we discuss below, there remain questions about precisely what information the letter contributed about the pact, it made at least an evaluative contribution. Get free summaries of new D.C. 1981) (observing that an employee's interest in speaking out is "entitled to more weight when the employee is acting as a whistleblower exposing corruption among public officials"); cf. O'Donnell, who won one Scotland cap, began his career with Motherwell as a 17-year-old and rejoined the club in 2004 after spells with Celtic and Sheffield Wednesday. [5] That result earned Motherwell entry to European competition for the first time and O'Donnell became the club's youngest player in Europe, playing a tie against Polish side GKS Katowice. Guillermo O'Donnell, (born February 24, 1936, Buenos Aires, Argentinadied November 29, 2011, Buenos Aires), Argentine political scientist. Finally, we find that Soulsby is entitled to qualified immunity in the proceedings on remand. Other Works | Publicity Listings | Official Sites. Hennessy's transfer from the homicide branch not only was a tragic loss to the Metropolitan Police Department but a disservice to the citizens of the District. Tao, 27 F.3d at 639. 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. Even if the demotion did set him back a step on his career path (which may or may not be true), that would fall markedly short of showing that his ability to pursue his chosen profession has been "seriously affected, if not destroyed." You can explore additional available newsletters here. We'll help you find the right words to comfort your family member or loved one during this difficult time. Expand the Memories and Condolences form. 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. 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. By contrast, the reason for O'Donnell's demotion was fairly clear, and the stigma itself less severe. San Jose, California, United States. Even a disgruntled employee can raise a matter that is of considerable concern to the public. The deal covers current and future copyrights. We thus affirm the district court's dismissal of this element of O'Donnell's claim.3. And, as to the discipline and morale of the Police Department, the frequent media criticism of the Department's (and Soulsby's) performance in the weeks preceding O'Donnell's letter had doubtless already taken its toll. 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. 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." 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. According to O'Donnell, Soulsby "responded angrily that the article was untrue and ordered that nothing should be done to investigate the allegations." "[citation needed], Motherwell and other fans laid flowers, scarves, strips and other mementos at the gates of Fir Park. 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. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. According to O'Donnell, Soulsby then told the media in an off-the-record statement that Hennessy had been transferred because he was under investigation and likely to be indicted for violating the civil rights of a black suspect. First, O'Donnell's transfer to the Property Division did not involve any loss of rank. Phil, you have been an important part of my life for the last 19 years. The world has lost a great one. at 147-48, 103 S. Ct. 1684. The week after his appointment, O'Donnell sent him a long memorandum, titled "Setting Priorities for the Metropolitan Police Department," which ranked crime-related issues and proposed solutions. Mosrie, 718 F.2d at 1156, 1161-62. Moreover, it is clear that the presence of a personal motivation for an employee's speech, although certainly a factor in the public-concern analysis, need not destroy the character of a communication as one of public concern. We address these two issues in that order. Giving to charity is a meaningful way to honor someone who has died. You will be in my thoughts and prayers. Lumenpulse, the architectural LED-based lighting solutions company, has appointed Phil O'Donnell as the Vice President of Sales for the Asia-Pacific Region. or. [10] He was 35 years of age. Phil O'Donnell Tribute 1972-2007I will remove disrespectful comments. And, just as we consider the content, manner, time and place of the speech in deciding whether it is of public concern at all, we take these factors into account in weighing the governmental interest in regulating the speech. See Hall v. Ford, 856 F.2d 255, 258 (D.C. Cir. 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". If O'Donnell's memos played any role in his transfer to the Property Division (and we do not know for sure what led to that transfer), it might have been in revealing policy differences between O'Donnell and Soulsby of a kind that, under Hall, could legitimately prompt a high-level deputy's transfer out of the inner circle. We affirm, except as to one element of O'Donnell's First Amendment claim, which we believe requires further factual development. The District also argued before the district court that Soulsby was entitled to qualified immunity. 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. There just is no replacing you. In Connick v. Myers, 461 U.S. 138, 103 S. Ct. 1684, 75 L. Ed. 'He went down and no one really knew what had happened. He asked if I knew the correct way to present it (I didn't)--by slamming the dish down on the table in front of the guests. There are, however, some limitations on this principle. Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. He could bring a smile to every teacher and student alike. Finally, O'Donnell's personal motivations for this conversation were especially strong, as he was responding to a speech in which Soulsby had blamed him for the failure to detect the backlog of unsolved murders. Although it no doubt would have been difficult for Soulsby and O'Donnell to work together after O'Donnell's letter was written, on the record as it stands their working relationship seems to have been very limited in any case: O'Donnell occasionally wrote Soulsby memoranda (and received no response), and the two occasionally saw each other at meetings, but there appears to have been little other working relationship. 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. Id. 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). 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. O'Donnell claims that his transfer from the job of Deputy Chief of Police for Investigative Services to the (less desirable) job of head of the Department's Property Division, followed by his demotion to the rank of captain and the position of district patrol supervisor, violated his free speech and due process rights under the Constitution. 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. I was Mr. Phil's supervisor at the Chevy Chase Club and he was the most memorable employee I had the pleasure of working with. 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." Sevilla will be available to help in any way that we are able, to heal the pain and sadness of this tragic loss. I wanted it to be an alcohol-related name. Ed Durree joined the firm in 1975, and the firm name was changed to Strodel Kingery & Durree, Assoc. To plant trees in memory, please visit the. Pickering v. Board of Educ., 391 U.S. 563, 568, 88 S. Ct. 1731, 20 L. Ed. Mike Cajohn and I have remained close friends and I know how close the two of them are and what a wonderful and long friendship they have shared. Photograph: Paul Childs/Action Images. Our work in landmark, commercial, industrial and domestic architecture provides the background . (emphasis omitted). 424 U.S. at 710, 96 S. Ct. 1155. (citing Pickering, 391 U.S. at 572, 88 S. Ct. 1731). David Kessler's top 4 tips for dealing with holiday grief. See Connick, 461 U.S. at 152-53, 103 S. Ct. 1684. You didn't let me fade away when I went away to college and always managed to find me for good times on both coasts. The Rev. 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. Hall permits adverse action on the basis of speech that implicates "the government interest in accomplishing its organizational objectives through compatible policy level deputies," 856 F.2d at 264; but sometimes what an employee has to say will signal not policy differences but potential serious violations of the public trust. Philip Odonnell. 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. See, e.g., Connick, 461 U.S. at 148, 103 S. Ct. 1684; Tao, 27 F.3d at 640; Stroman v. Colleton County School Dist., 981 F.2d 152, 157-58 (4th Cir. Charles L. O'Donnell. Former England defender Andy Hinchcliffe, a team-mate of O'Donnell's at Sheffield Wednesday, was stunned by the news. In his new position, O'Donnell reported to the then Assistant Chief of Police for the Patrol Services Bureau, Larry Soulsby; Soulsby, in turn, reported directly to the Chief of Police. 1994) (citations omitted). Getting Started | Contributor Zone . The Supreme Court has found that a police department may legitimately regulate its officers' personal grooming in order to make its officers readily recognizable and promote "esprit de corps," Kelley v. Johnson, 425 U.S. 238, 248, 96 S. Ct. 1440, 47 L. Ed. I loved him as a brother and dear friend. Currently, Philip O'Donnell works as a Deputy Chief Financial Officer at Keolis Commuter Services. 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 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. Connick,461 U.S. at 148, 103 S. Ct. 1684 (noting that the plaintiff had not claimed "that the District Attorney's Office was not discharging its governmental responsibilities," or sought "to bring to light actual or potential wrongdoing or breach of public trust"). Healthy City School Board of Education v. Doyle, 429 U.S. 274, 287, 97 S. Ct. 568, 50 L. Ed. O'Donnell says that Soulsby at some point publicly apologized for entering into his pact with Hennessy, but we do not know whether this apology occurred before or after O'Donnell wrote his letter. 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. 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. 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 served as military chaplain in World War I, and his helmet is still hanging on the east door in the Basilica of the Sacred . 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. 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." This world is a darker place without the light of Mr. Phil's grin. See, e.g., Tyler v. City of Mountain Home, 72 F.3d 568, 570 (8th Cir. Sevilla director of football Monchi said, "This is terrible news. O'Donnell's overall responsibilities have certainly dwindled (for instance, he supervises far fewer officers), and a still greater diminution in his employment opportunities might well have sufficed to show that the value of his "human capital," Taylor, 56 F.3d at 1506, has dropped enough to infringe his liberty interest in his chosen profession. See Photos. [4], A postmortem examination was carried out on 1 January 2008 and it was revealed O'Donnell died of left ventricular failure. http://gpnlive.. One of our family's fondest memories of Katy's wedding, years later, was having Phil's company in a room otherwise full of womenPhil was declared an honorary bridesmaid that night just so we could all laugh and philosophize together into the wee hours. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. 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 . O'Donnell gives only the vaguest account of Soulsby's reasons for opposing an investigation. It is quite clear that O'Donnell's initial position as head of the Investigative Services Bureau was in this category; in that position, he was in charge of numerous key operational offices of the Police Department, and one of seven members of the Police Department's Executive Committee, its principal policymaking body. And, although the conversation raised some issues about Soulsby's veracity, it did not touch on the more serious issues surrounding the Soulsby-Hennessy pact. [20], Thousands of tributes from around the world were posted on the Internet. Philip O'Donnell Work Experience and Education. The district court dismissed O'Donnell's First Amendment claims before any record had been developed, and indeed before the District filed an answer. You had friends from all walks of life and I know they all miss you terribly. 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. (0) * Senior club appearances and goals counted for the domestic league only. 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). Phil O'Donnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. 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. O'Donnell protested to Soulsby orally and in writing, and ultimately said that he would retire. An employee may be dismissed who "expresses views on matters within the core of his responsibilities that reflect [ ] a policy disagreement with his superiors such that they could not expect him to carry out their policy choices vigorously." The many tributes that have been paid to Phil O'Donnell from across the often fractious world of Scottish football since his death last Saturday reflect the high regard . Fiance of Caroline Deutermann; son of Philip F. and Constance O'Donnell; brother of Ann (Chuck) Lucas; uncle of Chip and David Lucas; Mr. Phil will be missed and I know he is carving that big bowl in heaven! (Nov. 15, 1884- Jun. He also earned one international cap for Scotland and twice won the PFA Scotland Young Player of the Year award. Kartseva, 37 F.3d at 1529 (quoting Greene, 360 U.S. at 492, 79 S. Ct. 1400). The one thing I can say about Phil is that from the first time you meet him you know you have a friend. 2d 315 (1987), that we must consider "whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker's duties or interferes with the regular operation of the enterprise." Hall gives employers considerable leeway to ensure that high-level officials toe the party line, but it does not give them unchecked power to silence them. 2d 1230 (1961)). 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. This site is protected by reCAPTCHA and the Google. O'Donnell avers in his complaint that he did an excellent job during his tenure, making a number of important reforms in the work of the offices under his command. This was a very senior position; O'Donnell had authority over offices specializing in a range of high-profile criminal matters, including the Homicide Branch (a fact whose importance will soon become clear). Paul explained this passage of Roth as meaning that defamation alone is not actionable under the due process clause, but that defamation "in the course of the termination of employment" is. The Federal Rules of Evidence provide a useful guidepost for assessing the probative value of O'Donnell's comments. A lateral transfer, even to a job that is regarded as a "dumping ground," cannot form the basis of a reputation-plus claim. Phil ODonnell, a Canada native, made his first trip to Nashville in 1983 and began developing his skills as a songwriter. Motherwell have dealt with tragedy before. 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. Moreover, O'Donnell's letter followed a 60 Minutes broadcast which, according to O'Donnell, "documented that senior detectives in the Homicide Branch were firmly convinced that defendant Soulsby's reassignment of Capt. The District notes that O'Donnell remained very senior in rank even after his transfer to the Property Division, and that he was a long-serving and experienced officer whose words would be taken seriously within the Department. Apparently, this was planned by a group of people across the room that got a huge kick out of it. In that case, the plaintiff was a Russian translator who had been denied a security clearance by the State Department, and therefore fired by the consulting company that employed her. But when it happens to someone you know and like, and someone you played with and trained with, it is horrible. As Rule of Evidence 608 indicates, evidence as to the credibility of a witness can at times have substantial probative value. I had the pleasure of meeting one of the greatest guys ever when I went up to the DC area to skate with some guys from our skateboard forum. My deepest sympathies go to the O'Donnell family and those close to him. The District argues that, under Hall, Soulsby was entitled to transfer O'Donnell on the basis of the policy differences this (asserted) conversation revealed. Phil O'Donnell's wife Eileen with daughters Megan and Olivia. Motherwell striker Chris Porter described the shock felt by the players on the field after the incident. On May 9, 1996, Soulsby made a speech at the District's Ballou High School in which he claimed that the backlog of 123 unsolved cases involving African-American women had only been discovered after O'Donnell and Hennessy had been transferred out of their jobs.