Brownfield v. City of Yakima

• Decision Date: 14 January 2014
• Docket Number: No. 30994–1–III.,30994–1–III.
• Citation: 178 Wash.App. 850,316 P.3d 520
• Court: Washington Court of Appeals
• Parties: Oscar J. BROWNFIELD, Appellant, v. CITY OF YAKIMA, a municipal Corporation, Respondent.

178 Wash.App. 850

316 P.3d 520

Oscar J. BROWNFIELD, Appellant,

v.CITY OF YAKIMA, a municipal Corporation, Respondent.

No. 30994–1–III.

Court of Appeals of Washington, Division 3.

Jan. 14, 2014.

Lish Whitson, Kristy Lee Stell, Lish Whitson PLLC, John Gilbert Bergmann, Helsell Fetterman LLP, Seattle, WA, for Appellant.

Gerald John Moberg. Jerry Moberg & Associates, P.S., Ephrata, WA, for Respondent.

PANEL: Judges KULIK, KORSMO, FEARING.

UNPUBLISHED OPINION

FEARING, J.

¶ 1 The city of Yakima terminated Officer Oscar “Jeff” Brownfield from employment on April 10, 2007. In response, Brownfield complained he was wrongfully discharged and filed suit in federal court raising both state and federal claims. The federal court granted summary judgment on the federal claims and declined to exercise supplemental jurisdiction over the state law claims, dismissing those without prejudice. Brownfield refiled his state law claims in state court. The superior court granted summary judgment. We affirm. Although the claims asserted in state court are different from those asserted in federal court, issues resolved in federal court are determinative of some of the state claims, under the collateral estoppel doctrine. Other claims must be dismissed on their merits.

FACTS

¶ 2 Jeff Brownfield began employment with the Yakima Police Department in November 1999. He gained decorations for his service. In December 2000, Brownfield sustained injuries in an off duty rollover accident. Richard Drew, PhD, who provided neuropsychological treatment for the injuries, diagnosed a closed head injury, and post concussion syndrome. Based upon a January 2001 evaluation, Dr. Drew also opined that Brownfield suffered from anxiety, frustration, impatience, and impulsivity due to the closed head injury. In July 2001, Dr. Drew further concluded that Brownfield experienced “ reduced self-awareness,” and Drew recommended that the police department monitor Brownfield's work performance when he returned to work.

¶ 3 Officer Jeff Brownfield returned to light duty, at the Yakima Police Department, on March 1, 2001, and unrestricted duty on July 6, 2001. In 2003, he was transferred to the Community Services Division of the department. In this division, Brownfield created, and served as administrator of the Yakima Police Athletic League (YPAL), an independent, nonprofit corporation managed by Yakima police officers as a crime prevention program. YPAL receives government funding to provide alternative recreational, educational, and athletic activities for Yakima's youth. The organization operates a recreational center. Through 2004, Officer Brownfield received high performance evaluations.

¶ 4 Jeff Brownfield continued to receive limited treatment for his head injury, primarily in the form of anti-depressants. In January 2004, Brownfield reported to Dr. Drew significant difficulty interacting with others at work and at home, and difficulty accomplishing tasks. Brownfield reported, “he was so frustrated he experienced some anger reactions he had never felt before.” Clerk's Papers (CP) at 80. Brownfield added, “I'm a space cadet, I forget appointments, I'm tired, can't focus.” CP at 50. He spoke of a “violence tendency,” including having pulled his wife's hair on one occasion. Id. at 50. Dr. Drew attributed the symptoms and conduct to Brownfield's 2000 head injury. In a deposition, Brownfield denied reporting any work difficulties to Dr. Drew, but admitted to reporting difficulties at home.

¶ 5 Jeff Brownfield's purported whistleblowing centered around complaints about Officer Joe Dejournette and Lieutenant Mike Merryman. Brownfield served with Dejournette in the Community Services Division and at YPAL. Merryman was a supervisor of both Brownfield and Dejournette.

¶ 6 On June 17, Officer Brownfield sent his direct supervisor, Sergeant Mike Amos, a memorandum entitled, “Unethical work practices.” CP at 82–83. Brownfield objected to Dejournette's failure to fulfill his Drug Abuse Resistance Education (DARE) duties and to another supervisor's, Lieutenant Mike Merryman's, excusing of Dejournette's conduct. Brownfield also complained that Merryman gave Dejournette compensatory time for his work with YPAL, while Brownfield and another officer received no compensation for the same work. In the memorandum, Brownfield wrote that “Dejournette and Lt. Merryman are long time friends and on the surface this is a true conflict of interest.” CP at 83. Yakima Police Department Captain Greg Copeland later investigated Brownfield's allegations and found them to be based upon Brownfield's perceptions, not on fact.

¶ 7 On August 15, Officer Brownfield sent a memo to Sergeant Tim Bardwell, in the Yakima Police Department Fraud Division. Brownfield sought Bardwell's help in removing Officer Dejournette from fraud cases so that Dejournette could devote full time to his duties as a community services officer. Brownfield complained that Dejournette used fraud cases as an excuse to avoid his community service duties, which imposed extra work on Brownfield.

¶ 8 In early 2005, Jeff Brownfield again complained about Officer Dejournette to Sergeant Mike Amos and Lieutenant Mike Merryman. Brownfield claimed that Dejournette failed in his duties as YPAL treasurer. According to Brownfield, Dejournette did not timely reimburse the YPAL bank account, which resulted in an overdraft being charged for an insufficient check. Brownfield alleged that Officer Dejournette put YPAL's grant eligibility in jeopardy by not timely renewing YPAL's charter with the national Police Athletic League (PAL). To ensure that YPAL functioned effectively, Brownfield assumed some of Officer Dejournette's treasurer duties. Brownfield also relayed to supervisors several citizen complaints regarding Officer Dejournette's lazy and unreliable work with YPAL.

¶ 9 On May 4, Jeff Brownfield sent an e-mail message to Yakima Police Chief Sam Granato. In this e-mail, Brownfield complained about Lieutenant Merryman retaliating against him for complaining about Officer Dejournette. Brownfield believed that Merryman exaggerated the significance of a scheduling error by YPAL at a city Cinco de Mayo activity. Two days later, Mike Merryman verbally reprimanded Officers Brownfield and Dejournette for the error. Merryman confirmed the reprimand with a memo to Sergeant Amos.

¶ 10 Jeff Brownfield, because of illness, did not work on May 9, which left Joe Dejournette in charge of the YPAL center. Officer Dejournette closed the center early, despite scheduled activities and without consulting Brownfield. On May 10, Brownfield spoke to police Sergeants Bob Hester and Mike Amos regarding Officer Dejournette's early closing of the center. Brownfield also complained to the sergeants that Lieutenant Merryman was conducting a surreptitious investigation of him and wrongfully talking about his (Brownfield's) health to other officers. Brownfield asked Sergeant Hester to transfer him to patrol duties so that he could avoid supervision by Merryman.

¶ 11 Also on May 10, Jeff Brownfield sent an e-mail message to police members of the YPAL board regarding Officer Joe Dejournette's premature closing of the YPAL center and his refusal to conduct other community service activities. The board members were Joe Dejournette, Lieutenant Mike Merryman, Sergeant Mike Amos, Officers Ben Hittle and Rey Garza, and Chief Sam Granato.

¶ 12 At 5:10 p.m., on May 10, Lieutenant Merryman sent Officer Brownfield an e-mail message, directing Brownfield to appear at a meeting at 9:00 the next morning. Brownfield missed the meeting because he did not check his e-mail until May 13. Jeff Brownfield arrived at work at 10 a.m., on May 11. Thereafter his immediate supervisor, Sergeant Mike Amos, directed him to the Police Chief's conference room in order “to fix this s ... t right now.” CP at 107. Brownfield expected Chief Sam Granato to be present at the conference room. In his brief, Brownfield writes that Sergeant Amos promised to arrange a meeting with the Chief, but the record does not support this statement. Lieutenant Mike Merryman was present instead.

¶ 13 During the May 11 morning conference, Lieutenant Merryman and Sergeant Amos wished to discuss Officer Brownfield's e-mails, Officer Dejournette's YPAL center closure, and the scheduling incident. According to Brownfield, Amos and Merryman made excuses for Dejournette. Brownfield explained that Officer Dejournette's poor performance had a long history. Brownfield grew concerned about the nature and progress of the meeting and believed that Merryman might be continuing an investigation against him as a result of his whistleblowing. Brownfield asked for a recess of the meeting to obtain union representation and prepared to leave the conference room. Merryman ordered Jeff Brownfield to sit back down, but Brownfield refused. Merryman told Brownfield that he was not conducting an internal investigation and again ordered Brownfield to sit. Brownfield exited the room instead.

¶ 14 After leaving the chief's conference room on May 11, Jeff Brownfield spoke to Officer Rich Fowler, his union representative. Fowler, in turn, spoke to Lieutenant Merryman who said he was willing to finish his conversation with Brownfield with Fowler present. While Fowler attempted to convince Brownfield to return to the meeting, Sergeant Amos approached and instructed Brownfield to return to the meeting. Brownfield responded to Amos, “you f ... ked me.... “[G]et out of here, get the f ... k out of here.” CP at 122. Brownfield believed Amos had tricked Brownfield into a meeting with the “mouth of the beast”—Mike Merryman. CP at 122.

¶ 15 On May 11, Lieutenant Mike Merryman suspended Jeff Brownfield for insubordination. The Yakima Police Department also began an internal investigation into Brownfield's conduct. The completed investigation found Brownfield to be guilty of insubordination and verbal abuse of a superior officer. On July 28,...