McLaughlin v. Meehan, 1681CV00866

• Decision Date: 19 January 2018
• Docket Number: 1681CV00866
• Parties: Timothy MCLAUGHLIN et al.[1] v. Martin MEEHAN et al.[2]
• Court: Massachusetts Superior Court

Timothy MCLAUGHLIN et al.^[1] v. Martin MEEHAN et al.^[2]

No. 1681CV00866

Superior Court of Massachusetts, Middlesex

January 19, 2018

MEMORANDUM OF DECISION AND ORDER ON THE DEFENDANTS’ MOTION TO DISMISS

Kathe M. Tuttman, Justice

On March 28, 2016, the plaintiffs, Timothy McLaughlin (" McLaughlin") and Pauline Carteiro (" Carteiro"), filed a twelve-count complaint alleging that the defendants, administrators and police officers at the University of Massachusetts-Lowell (" UMass-Lowell") violated their federal and state civil rights and engaged in intentionally tortious conduct including false imprisonment and defamation. The case principally concerns the plaintiffs’ speaking out about alleged sham hiring practices at the UMass-Lowell Police Department (" Department"), and the defendants’ allegedly taking actions to suppress that speech. The matter is presently before the court on the defendants’ motion to dismiss for failure to state a claim pursuant to Mass.R.Civ.P. 12(b)(6). The court heard oral argument on the motion on November 14, 2017. For the following reasons, the motion is ALLOWED, in part, and DENIED, in part.

BACKGROUND

The complaint and attached exhibits^[3] sets forth the following allegations. McLaughlin and Carteiro are former UMass-Lowell security officers. McLaughlin began his employment in 2011 he was discharged on or about June 12, 2013. Carteiro began in 2009; his discharge occurred on or about May 31, 2013. During their employment, each had satisfactory or above average performance reviews. The defendants were at all relevant times the following UMass-Lowell employees: Martin Meehan (" Meehan"), the Chancellor of UMass-Lowell Randolph Brashears (" Brashears"), the Chief of the Department; Scott Childs (" Childs"); an officer in the Department; Mark Schaaf (" Schaaf"), an officer in the Department; Kenneth Wilson (" Wilson"), the Civilian Security Dispatch Supervisor in the Department Lauren Turner (" Turner"), an Associate Vice Chancellor in human resources and equal opportunity and outreach; Michael Rutherford (" Rutherford"), the Director of Employer and Labor Relations; Ronald Dickerson (" Dickerson"), the Deputy Chief of the Department and Melissa Mullen (" Mullen"), the Administrative Lieutenant in the Department.

I. The Patronage Scheme

In 2010, UMass-Lowell hired Brashears as its new Police Chief. Brashears, who was from out of state, immediately became friends with a detective in the Department who had retired from the Nashua, New Hampshire, Police Department. After the two became friends, Brashears began a practice of hiring only retired New Hampshire police officers, most with connections to Nashua, for open positions in the Department. By the end of 2010, he had hired Childs and another officer, both retired Nashua police sergeants, as patrolmen, and a few months later, promoted them to the rank of sergeant. Shortly thereafter, Brashears hired at least seven additional New Hampshire police retirees, including Schaaf, while at the same time halting the advancement of three security officers who were about to enter the police academy in order to fill three of those positions. In 2011, Brashears created the position of deputy chief in the Department, and hired Dickerson, a retired Nashua Police Department captain, to fill the spot. In early 2012, Brashears created two more new positions: chaplain and civilian communications and security manager. He then hired a former Nashua police officer for the chaplain job, and Wilson, a former Nashua police captain, to fill the civilian job.^[4]

As a result of the patronage scheme, public safety has suffered at UMass-Lowell. In particular, Department directives ordered officers not to enforce drug- and alcohol-related matters, not to arrest students, and not to issue parking tickets after hours.^[5] The problem was compounded by Brashears " stacking" the first shift with the New Hampshire hires, and leaving the third shift barely staffed. The New Hampshire hires also regularly took two- to three-hour lunch breaks at local establishments, rather than spending that shift time protecting the campus.

The patronage scheme also created a rift in the Department, with those speaking out against it suffering ridicule, as well as verbal and written reprimands. The rift is apparent in a March 29, 2013, employee newsletter (" newsletter") wherein Brashears writes that: " a very small element within our security department has been silently waging a war on the rest of our department." He further notes that those employees’ acts, including photographing members’ patrol cars, " are currently under criminal investigation." He closes the newsletter by asking " the 98% of our good willed employees [to] commit to resolving these problems and moving forward as one Department." The New Hampshire hires also set themselves apart by creating a shared email account, " teamnewhampshire@aol.com, " that they used to disseminate inappropriate material among themselves, including an email containing derogatory and violent statements against women.

II. Carteiro’s Public Disclosure of the Patronage Scheme

In 2012, Carteiro began to send anonymous letters to the press and law enforcement exposing the patronage scheme. In particular, Carteiro sent to the FBI a letter dated February 15, 2013 (" FBI letter"), detailing the patronage scheme, the hostile work environment, and the public safety concerns set forth above, as well as mentioning the sexist behavior of one officer. In one paragraph of the five-plus page, single-spaced FBI letter, Carteiro states: " My fear is that the hostile work environment we currently face creates an environment in which one of us or myself will snap, and this will put the safety of the entire University at risk." The FBI letter is signed " Concerned Citizen, Taxpayer, and Employee."

Carteiro also sent a letter to Meehan, dated March 22, 2013 (" Meehan letter"), wherein he impersonated a parent concerned about public safety at UMass-Lowell. The Meehan letter cited the lack of police personnel present on campus, who are instead spending their time at local establishments, and the writer’s attempts to document the whereabouts of the UMass-Lowell police officers.

III. Carteiro’s Detention and Interrogation

On March 28, 2013, at about 5:00 a.m., while Carteiro was posted at a campus building, Wilson approached him and insisted that he " go for a ride." Carteiro initially declined, but then went with Wilson because he felt he had no choice. Wilson drove Carteiro to the Cabot Street Police Station, escorted him in, and told him to turn over his radio. After he did so, Carteiro was taken to an interrogation room, where Schaaf and Childs began to interrogate him about the FBI letter. Carteiro admitted writing it, and admitted that he had gathered the information it contained from numerous sources, including McLaughlin. Carteiro insisted, however, that he alone wrote and sent the FBI letter, despite Schaaf and Childs pressuring him at length to admit that McLaughlin and another security officer, Leo Reading, had assisted him.

When Carteiro refused to provide additional information, Schaaf and Childs told him that " things are going to get ugly." Schaaf asked for Carteiro’s cell phone, which he searched for text messages and numbers. Childs asked Carteiro where his mother and father worked, and also about his brother. Childs showed Carteiro a piece of paper from the district attorney’s office, telling him, " this is where you’re going if you don’t cooperate. You ever been to a grand jury?" Childs went on, saying, " Do you want to be in the news; your parents in the news?" and " Are you afraid of getting jammed up; getting your friends jammed up?"

Eventually, Childs told Carteiro that they had to go to his house and look on his computer, saying, " we either get to see it or the Middlesex District Attorney will subpoena or get a search warrant for it and we’ll see it anyway." Shaaf then gave Carteiro a consent form, which he signed. Childs, who had left the room, returned and informed Carteiro that " I just spoke with the DA and they have the grand jury ready so now it all depends if you cooperate." After hearing this, fearing further detention or arrest, Carteiro agreed to show them the FBI letter on his computer.

Prior to leaving the station for Carteiro’s house, while he was waiting in the lobby with Wilson, Carteiro said that he wanted some fresh air. Wilson said, " you better stay right here." Shortly thereafter, Carteiro drove his personal vehicle to his house, followed by Childs and Schaaf in an unmarked cruiser. Once at his house, Carteiro showed them his computer, and directed them to the FBI letter thereon. Schaaf began searching the computer, and asked Carteiro for his email password, which Carteiro provided. After about forty-five minutes, Childs informed Carteiro that they were going to take his computer, despite Carteiro’s protestations. To safeguard the computer, Carteiro himself loaded it into the cruiser.

From the start of the interrogation, until Schaaf and Childs left Carteiro’s home, approximately seven hours elapsed. Carteiro was exhausted and sleep-deprived from his overnight shift, and, at one point during the interrogation, nodded off and fell asleep. At no point during the interrogation did Carteiro feel free to leave.

The following day, March 29, 2013, Carteiro came to the UMass-Lowell police station to retrieve his computer. While he was waiting, he observed Mullen, Dickerson, and Brashears looking at a screen attached to his computer. Dickerson and Brashears ultimately handed the computer back to Carteiro.

IV. Carteiro’s Suspension and Termination

Also on March 29, 2013, Carteiro received a letter informing him that he...