Facebook gives people the power to. Phil, you have been an important part of my life for the last 19 years. 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. ', Motherwell chairman Bill Dickie confirmed O'Donnell's death to the press shortly after their home match, a 5-3 victory, had finished. 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. One such change in status, of course, is an adverse employment action. Donna M. Murasky, Assistant Corporation Counsel, Washington, DC, argued the cause for appellees, with whom John M. Ferren, Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, Washington, DC, were on the brief. [citation needed]. [4], A postmortem examination was carried out on 1 January 2008 and it was revealed O'Donnell died of left ventricular failure. http://gpnlive.. We distinguished two ways in which this denial could effect a "stigma or other disability" within the meaning of Roth. Gordon Smith, chief executive of the Scottish Football Association, said: 'Phil was not just a wonderful footballer, he was a great human being. 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. Within eBay's Global Marketing organization. My sincerest condolences to Phils family, fianc, and friends and please know his absence is felt a far. [14], Former Scottish First Minister Jack McConnell, MSP for Motherwell and Wishaw, was among those to pay tribute. 1994) (citations omitted). O'Donnell's complaint attempts to plead two distinct due process claims. Published by The Washington Post from Oct. 21 to Oct. 22, 2005. [25] In November 2011, a permanent memorial to O'Donnell was erected on the side of the stand bearing his name. (Parking opposite 2233 Wisconsin Ave N.W.) However, he was pronounced dead at 17:18 hours. Id. The Rev. He died from a cardiac arrest after collapsing on the pitch on 29 December 2007. Hall v. Ford, 856 F.2d 255, 259 (D.C. Cir. Album. See Orange v. District of Columbia, 59 F.3d 1267, 1274 (D.C. Cir. Nor may O'Donnell sue purely on the basis of the stigma associated with being fired; the Court found in Paul v. Davis, 424 U.S. 693, 96 S. Ct. 1155, 47 L. Ed. 1988) (finding that a police detective's objections to a revised promotion scheme were on a subject of public concern, even though the employee was partly motivated by a desire to improve his own chances for a promotion). The Constitution protects an individual's "right to follow a chosen trade or profession" without governmental interference. Capt. [citation needed], After leaving Celtic as a free agent,[8] O'Donnell signed for Sheffield Wednesday later that year. Thus, this conversation, too, was on a topic of public concern. Among his many production credits is the six-week No. [27], There is am annual sponsored walk, started on 29 December 2008, to honour O'Donnell's memory. O'Donnell then spent several months off the job because of a heart condition. 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. 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"). 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). Soulsby said that the Mayor believed that O'Donnell was a racist; there was, O'Donnell avers, no reason that anyone should believe that this was true. O'Donnell played for Motherwell, Celtic and Sheffield Wednesday over the course of his career. An official is entitled to qualified immunity unless she has violated a clearly established right. San Jose, California, United States. He has particular knowledge of the LED market, having worked for Color Kinetics as . 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. 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. Furthermore, O'Donnell's new job demonstrates that the stigma he suffered cannot have been too disabling. 2d 964 (1995). "The first two factors under the Pickering test are questions of law for the court to resolve, while the latter are questions of fact ordinarily for the jury." As the Court made clear in Siegert v. Gilley, 500 U.S. 226, 111 S. Ct. 1789, 114 L. Ed. David Kessler's top 4 tips for dealing with holiday grief. Id. Kartseva, 37 F.3d at 1529 (quoting Greene, 360 U.S. at 492, 79 S. Ct. 1400). 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. The following day, Soulsby and Barry demoted O'Donnell to the rank of captain, and ordered him to a comparatively low position as district patrol supervisor. 2d 1230 (1961)). 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. The district court did not reach this question; we do, and we agree with the District. Jo Anne Robinson, Principal Deputy, entered an appearance. It is believed Phil suffered some form of seizure and was pronounced dead at 17:18. Lumenpulse, the architectural LED-based lighting solutions company, has appointed Phil O'Donnell as the Vice President of Sales for the Asia-Pacific Region. Philip Odonnell. 2d 523 (1987). My thoughts are with his friends and family.' "[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. Unfortunately, with the death of Phil O'Donnell, Motherwell have suffered a similar tragedy to ours. Phil "Philbilly" O'Donnell - Bio. Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S. Ct. 3034, 97 L. Ed. 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. at 1528. Motherwell striker Chris Porter described the shock felt by the players on the field after the incident. [6], O'Donnell scored two goals in his debut for Celtic against Partick Thistle and went on to win another Scottish Cup in 1995. There were many demands for Hennessy and Soulsby to release the tape. After his complaint was filed, he became police chief in Brunswick, Maryland, whose population is 6,000. TRIBUTES have been paid to former Celtic and Motherwell player Phil O'Donnell on the 13th anniversary of his death. 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 O'Donnell. The money raised from the walk goes directly to charities such as the British Heart Foundation and Mary's Meals. 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 . Mosrie v. Barry, 718 F.2d 1151, 1161 (D.C. Cir. He will be missed. 1985). [4] He was also the uncle of St Mirren midfielder Stephen O'Donnell and Brian Dempsie, who had also played for Motherwell. All tho, I didn't know Phil Physically, I knew his spirt. Mar 2023 - Present2 months. 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. 96cv02195). Before we launch into the governmental-interest analysis, we will dispose of two preliminary issues. Sarah L. Levitt entered an appearance. The district court granted the motion to dismiss as to the first two counts, and the motion for summary judgment as to the third. 2d 811 (1968). We'll help you find the right words to comfort your family member or loved one during this difficult time. 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. As to O'Donnell's later conversation with Soulsby about the Ballou High School press conference, this incident merits little discussion. Soulsby was confirmed as Chief of Police in December of 1995. There is little evidence of any causal link between this conversation and O'Donnell's later demotion, which was tied much more closely to O'Donnell's letter to the editor. 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. O'Donnell now appeals this order. According to ZoomInfo records, Philip O'Donnell's professional experience began in 1977. What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? We conclude that it is not possible to decide what value O'Donnell's letter would have had to the public without a more complete record as to the state of the public debate at the time the letter was written. 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. A communication that provides information that might help the public to "make informed decisions about the operation of their government merits the highest degree of first amendment protection," Hall, 856 F.2d at 259; there are few more fundamental decisions that the public can make about its government than assessing the probity of a public official. [18] All Premier League matches in the New Year programme were preceded with either a minute of applause or silence in O'Donnell's memory. You have funeral questions, we have answers. This site is protected by reCAPTCHA and the Google. It got to the point that a weekend just wasn't complete without Phil dropping by. My thoughts and prayers go out to the O'Donnells. 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. The following season, he replaced Scott Leitch as club captain. The district court concluded that O'Donnell's letter to the editor was not on a subject of public concern because it "related to long-standing internal disputes among O'Donnell, Hennessy, and Soulsby, and not to matters of public concern about the structure, management, or policies of the Department," and did not contain any "information to educate or inform the public about the operation of the MPD other than to air Plaintiff's personal grievances." 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. Experienced economist with substantial public sector background (energy, competition, consumer credit & debt, small business, regional policy); excellent analytical and communication skills, strong leadership and management, with a proven track record in delivering high-quality results. We address these two issues in that order. 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. 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. Politicians, team-mates and senior figures in Scottish football paid tribute to the Motherwell captain Phil O'Donnell, who died yesterday after collapsing during his team's Scottish Premier League match against Dundee United. 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"). All Credits Audio Production Banjo Bouzouki Composer Composer/Lyricist Digital Editing Dobro Guitar Guitar (Acoustic) Guitar (Electric) Harmonica Jew's-Harp Lyricist Main Personnel Percussion Primary Artist Producer Programmer Vocals (Background) 2022. The District argued below, and argues again here, that Soulsby, the only individual defendant (Barry was sued only in his official capacity), is entitled to qualified immunity. I was Capt. Club chief executive Ian Stillie said from Wishaw General: 'The management, directors, players and fans are all stunned and having great difficulty in comprehending what has happened over the last few hours. [11] His funeral was on 4 January, at St Mary's Church in Hamilton. 1988). He could bring a smile to every teacher and student alike. Results-oriented Senior Level Finance Executive with a proven track record and hands-on experience in management, business leadership, working with Board of Directors, Banks, Attorneys and . 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. Phil O'Donnell Tribute 1972-2007I will remove disrespectful comments. William L. Hennessy of the Metropolitan Police Department. My heart goes out to Puck, his family and all of our friends. O'Donnell ended up with a job as Chief of Police of Brunswick, Maryland. 1983) (emphasis added). But his complaint mentions nothing of the kind, and indeed suggests that O'Donnell eventually solved all of the problems he described in his memos, We note, however, that "a dismissal under Rule 12(b) (6) generally is not final or on the merits and the court normally will give plaintiff leave to file an amended complaint." at 264. Since then this number, although not retired, has not been issued to any subsequent player. In some cases, the public interest in a high-level official's speech will outweigh any interest in that official's bureaucratic loyalty. These submissions support the CA submissions and take the form of relying The match finished 51, in front of 60,000. 2d 708 (1976), and a number of courts of appeals have extended this principle to regulation of speech. O'Donnell was married to Eileen and they had four children. We affirm, except as to one element of O'Donnell's First Amendment claim, which we believe requires further factual development. Government action that has the effect of "seriously affect [ing], if not destroy [ing]" a plaintiff's ability to pursue his chosen profession, Kartseva, 37 F.3d at 1529 (quoting Greene v. McElroy, 360 U.S. 474, 492, 79 S. Ct. 1400, 3 L. Ed. 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. 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. 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. We are "brothers from different mothers".. Passoin for skating, AND life was always welcome to the forum I visted.. 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. But Hall turns on a functional analysis of the employee's responsibilities and whether they demand the employee's unwavering fealty, not on an employee's length of service or nominal rank, O'Donnell's brief suggests that these memos were about issues that did later make a big media splash, like "lost evidence" and an "unguarded property warehouse." 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. Ways to honor Philip O'Donnell's life and legacy. Tao v. Freeh, 27 F.3d 635, 638-39 (D.C. Cir. 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 . The district court did not reach this issue; the District presses it again on this appeal. There just is no replacing you. N.W., on Saturday, October 22 at noon. 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. [12] He was then buried in the town's Bent Cemetery. Finally, on the record as it stands, there is no sign that the District made any defamatory statements about O'Donnell at the time of his demotion. View agent, publicist, legal and company contact details on IMDbPro . This circuit has since said that a demotion may also suffice to trigger a due process claim. We got there early, I was sitting at the bar and Phil came up behind me and scared the heck out of me. Other players such as David Clarkson and James McFadden played in the game. [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. 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. 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. 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. He earned a law degree in Argentina and a Ph.D. from Yale University. Id. As our analysis of the status of O'Donnell's letter demonstrates, it is by no means clear whether that letter is legally protected, so that any unlawfulness in Soulsby's acts in (allegedly) securing O'Donnell's demotion was not "apparent." Connie, Phil, Puck, you are all in our prayers. He is currently producing a studio album on Joe Diffie. O'Donnell's letter to the editor raised two broad issues. Id. Mosrie, 718 F.2d at 1156, 1161-62. For example, on July 14, 1996, the CBS television program 60 Minutes ran a report that said that the Police Department had performed poorly under Soulsby and that (in O'Donnell's words) Soulsby had "low credibility." Unwanted Man. Select this result to view Philip O Donnell's phone number, address, and more. [10] He was 35 years of age. See also. A public official seeking to make out a claim of retaliation in violation of her First Amendment rights must meet a four-factor test. We have already outlined the nature of the interests on the employee's side of the equation. The report also criticized the Mayor's poor response to the scandal surrounding the Soulsby-Hennessy agreement, and said that senior executives in the Homicide Branch believed that the reassignment of Captain Hennessy was unjustified and had damaged the Police Department. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. In 1999 O'Donnell was among a number of players who failed to agree terms on a new contract with Celtic chairman Fergus McCann and instead moved on. Currently, Philip O'Donnell works as a Deputy Chief Financial Officer at Keolis Commuter Services. 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. I had never met Phil in person, but was introduced to him via a skateboard message board shared by many who enjoy that lifestyle. 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 Austin. Indeed, it may be that those employees who are dissatisfied with their workplaces are precisely those who are likeliest to notice malfeasance, and be willing to speak up about it. 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. In order to decide whether a public employee is within the "narrow band" of "key deputies" who are subject to this analysis, id. 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. He was one of the most articulate, enlightened, and non-judgemental individuals I've ever met. Kartseva, 37 F.3d at 1529 (quoting Cafeteria Workers v. McElroy, 367 U.S. 886, 895-96, 81 S. Ct. 1743, 6 L. Ed. O'Donnell was born on 25 March 1972 in Bellshill, North Lanarkshire, a few miles away from Motherwell's Fir Park ground. 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. 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. Frank introduced me to Mr. Phil and we talked like we had know each other for years. O'Donnell may well have suffered some stigma in the job market as a result of his demotion. Phillip "Phil" O'Donnell (25 March 1972 - 29 December 2007) was a Scottish football player. Hennessy apparently taped this conversation, and later told Soulsby that he had done so. The one thing I can say about Phil is that from the first time you meet him you know you have a friend. To plant trees in memory, please visit the. [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. 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.