Medina v. City of East Chicago, Indiana

• Decision Date: 03 December 2001
• Docket Number: No. 2:00CV0244AS.,2:00CV0244AS.
• Citation: 184 F.Supp.2d 805
• Parties: Richard MEDINA, Angelo Machuca, Jr., David Gemeinhart, Xavier Herrera, John Nava, Kevin Harretos, Fard Elliot, Nicholas Kokot and Miguel Santos, Plaintiffs, v. The CITY OF EAST CHICAGO, INDIANA, Robert Pastrick, individually and in his official capacity as Mayor, and Frank Alcala, individually and in his official capacity as Chief, Defendants.
• Court: U.S. District Court — Northern District of Indiana

184 F.Supp.2d 805

Richard MEDINA, Angelo Machuca, Jr., David Gemeinhart, Xavier Herrera, John Nava, Kevin Harretos, Fard Elliot, Nicholas Kokot and Miguel Santos, Plaintiffs, v. The CITY OF EAST CHICAGO, INDIANA, Robert Pastrick, individually and in his official capacity as Mayor, and Frank Alcala, individually and in his official capacity as Chief, Defendants.

No. 2:00CV0244AS.

United States District Court, N.D. Indiana, Hammond Division.

December 3, 2001.

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Bruce Carr, Merrillville, IN, for plaintiffs.

Anthony DeBonis, David S. Gladish, Highland, IN, Richard J. Lesniak, Sr., William M. Murakowski, East Chicago, IN, Michael W. Bosch, Hammond, IN, for defendants.

MEMORANDUM AND ORDER

ALLEN SHARP, Judge.

Richard Medina, Angelo Machuca, Jr., David Gemeinhart, Xavier Herrera, John Nava, Kevin Harretos, Fard Elliot, Nicholas Kokot and Miguel Santos ("Plaintiff Officers")¹, nine officers employed by the East Chicago Police Department, have brought a claim under 42 U.S.C. § 1983 against the City of East Chicago, Indiana and against its Mayor and Police Chief in their individual capacities. The Defendants now move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, the Defendants' motions are GRANTED in part and DENIED in part.

I. BACKGROUND

The City of East Chicago, Indiana is a municipal corporation and is organized and operated under the laws of Indiana. The Defendant, Robert A. Pastrick, is the mayor of the City of East Chicago. The Defendant, Frank Alcala, is the Chief of Police of the East Chicago Police Department ("ECPD"). The Plaintiff Officers allege that they have been treated "unfavorably" (i.e. failed to be promoted, transferred, or generally harassed) because of their protected activities under the First Amendment. Generally, the Plaintiff Officers allege that because they did not support Pastrick and others in his political camp or spoke out on certain alleged matters of public concern they were subjected to adverse treatment by Alcala and Pastrick.

It is undisputed that Alcala supported the mayor and various other incumbent candidates for the city council which supported Pastrick. Furthermore, it is an undisputed fact that in February of 1998, Richard Medina, one of the Plaintiff Officers, filed his candidacy for Precinct Committeeman for Precinct 6-3 in East Chicago; he also ran for city council and was elected to that position in 1999. (Complaint ¶ 6). In their complaint the Plaintiff Officers contend that they all supported the candidacy of Medina. (Complaint ¶¶ 7,8). Furthermore, it is their contention that both Pastrick and Alcala opposed Medina's candidacy. (Id.). In fact neither Pastrick nor Alcala supported Medina's candidacy. (Alcala Dep. pp. 17-18; Pastrick Dep. p. 39 stating "He was not in my disfavor").

A. ECPD PROMOTIONS

Between 1998 and January 2000, a number of promotions were made in the East Chicago Police Department. (Plaintiff's Exhibit A). It is the Plaintiff Officers contention that members that actively supported Pastrick and Alcala's agenda were promoted. Furthermore, the Plaintiff Officers contend that they were either not promoted because they were politically opposed to that agenda or did not actively support the agenda as did the officers that were promoted in January of 2000. A few of the Plaintiff Officers contend that they were also not promoted because they spoke out on matters involving the operation of the ECPD.

The promotion protocol within the ECPD requires that an individual proceed through the first three levels of rank according to the amount of time with the department. (East Chicago Police Department Rules and Regulations pp. 115-118). Thereafter, higher rank is achieved based upon educational requirements. (Id.). Additionally, promotion to the rank of sergeant requires at least five years of service with the department. (Rules and Regulations, § 500.9). Similarly, ECPD regulations require that any individual considered for a promotion above the rank of Sergeant reside, at the time of the promotion, in the City of East Chicago. (Rules and Regulations § 503).²

Pastrick testified that he deferred to Alcala to make all employment decisions for the East Chicago Police Department. (Pastrick Dep. pp. 38). Alcala testified that the Safety Board makes all final employment decisions concerning the East Chicago Police Department. (Alcala Dep. pp. 39). However, with respect to promotions within the East Chicago Police Department a screening board evaluates each possible promotion before a final decision is made by the Safety Board. (Ramos Dep. pp. 43-44). At all relevant times to this action, the members of the screening board included; Alcala, David Morris, John Ramos. (Alcala Dep. pp. 63). Some of the criteria used to evaluate potential candidates for promotion included the following: physical qualities; character; leadership; intellectual capacity; emotional stability; residency and time on the department. (Alcala Dep. pp. 71, 129, 137; Ramos Dep. pp. 248 249; Chavarria Dep. p. 73). The members of the screening board testified during their depositions that, outside of Medina, they were unaware of any of the Plaintiff Officers' political leanings, views or involvement. (Alcala Dep. pp. 142-43; Ramos Dep. pp. 183; Chavarria Dep. pp. 89). Between the years 1998 and January 2000, the screening board considered some 121 officers for promotion with the ECPD. (Alcala Dep. pp. 69-70). The screening board determined that none of the Plaintiff Officers met the qualifications or criteria established by the screening board and therefore none were promoted. See (Alcala Dep. pp. 62; Samuels Dep. pp. 37-38; Chavarria Dep. p. 41; Ramos Dep. pp. 250-51).

A careful examination of the evidence concerning the January 2000 promotions demonstrates that at least a majority of the individuals that were promoted were actively supporting Pastrick's campaign. John Ramos testified in his deposition that Maldonado, Howard, Smith, Wilder, Bork, Suchanuk, Santos, Arcuri, DeLaCruz all supported the Mayor's campaign. (Ramos Dep. pp. 185-187). Furthermore, Ramos stated that he had seen officers Chavarria and Samuels at Pastrick's headquarters. (Ramos Dep. p. 23). Angelo Machuca testified during his deposition that Hillsman, Bork, Santos, Arcuri and DeLaCruz passed out literature in support of the team supporting Pastrick's agenda. (Machuca Dep. pp. 52-55). Alcala testified that some of the promoted officers had disciplinary problems in the past. (Alcala Dep. pp. 52-55). Most importantly, the Plaintiff Officers have failed to demonstrate that the majority of the promoted officers were not qualified. In fact, the Plaintiff Officers concede that some of those promoted should have been promoted. (Medina Dep. pp. 30-34; Machuca Dep. pp. 36-41).

a. RICHARD MEDINA

Officer Medina has been employed by the ECPD for some twelve years. (Medina Dep. p 4). Medina worked as a detective from 1994 until 1998. In 1999 Medina was elected to the city council. (Medina Dep. pp. 24, 43). In 1998 Medina was transferred from the detective division to the patrol division. (Alcala Dep. pp 232-234). Medina terms this transfer as a demotion because of the following: 1) the esteem given to the detective position and psychological effect of being removed from that position; 2) being assigned to work the furthest area away from his home; 3) removal of overtime privileges and 4) increase in pay at the detective position level. (Ramos Dep. 121; Medina pp. 16, 41, 58-59). Furthermore, Medina asserts that the transfer forced a lifestyle change requiring him to return to wearing a police uniform, force him to work varying hours. This change to shift work required his wife to leave her job to take care of their child. (Medina Dep. pp. 45, 60-61).

Medina asserts that he was demoted because of his political activities in March of 1998. (Plaintiff's Exhibit B). However, Alcala testified in his deposition that Medina's transfer was based primarily on his evaluation at that time by his supervisor that he was not doing his required work. Alcala based this conclusion on recommendations from Medina's supervisor and from the screening board that Medina was not "doing his work, he was on the phone constantly and didn't follow-up with assignments." (Alcala Dep. pp. 61-71). Ramos confirmed this assessment in his deposition testimony. (Ramos Dep. pp. 100 ("when he was in the juvenile bureau it was brought to our attention by his supervisor that he was not doing his job."). The supervisor stated "that he was too busy `politicking' and he wasn't doing his job when it came down to it." (Id.). According to the Defendants, Medina's pay was reduced by about $15.75 per week. (See Maldonado Aff. ¶¶ 5-6).

Furthermore, Medina alleges that he was not promoted because of his political leanings. (See Medina Dep. p. 22). Again, Chief Alcala testified that he didn't believe that Medina was qualified for a promotion within the Department. (Alcala Dep. pp. 61-71).

b. ANGELO MACHUCA

Officer Machuca has been employed by the ECPD for over fifteen years with the last seven being as a detective. (Machuca Dep. p. 11). Machuca was heavily involved in Medina's campaign, serving as the chairman of the committee to elect Medina. (Machuca Dep. p. 6). According to Machuca, Alcala and his camp did not want officers to support Medina's campaign. (Id.).

Machuca asserts several facts to establish that he was treated adversely for his support of Medina: 1) he was reassigned to security block; 2) he was reassigned to the gang unit and required to work late hours. (Machuca Dep. pp. 15). Machuca testified during his deposition that Maldonado told him that the administration had reassigned him because of his support during Medina's campaign. (Machuca Dep. p. 18). According to Machuca, he was passed over for a promotion despite being, in his words, more...