Putnam v. Town of Saugus, Mass., No. CIV.A.03-12062-WGY.

Citation365 F.Supp.2d 151
Decision Date07 April 2005
Docket NumberNo. CIV.A.03-12062-WGY.
PartiesDavid PUTNAM Plaintiff, v. TOWN OF SAUGUS, MASSACHUSETTS, John Vasapolli, Individually and In His Official Capacity as Town Manager for the Town of Saugus, Massachusetts, Andrew Bisignani, Individually and In His Official Capacity as Town Manager for the Town of Saugus, Massachusetts, Defendants.
CourtU.S. District Court — District of Massachusetts

Laurie A. Frankl, Rodgers, Powers & Schwartz LLP, Harvey A. Schwartz, Rodgers, Powers & Schwartz LLP, Boston, MA, for Plaintiff.

Joseph L. Tehan, Jr., Kopelman & Paige, PC, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

This case arises from events surrounding the appointment of a new police chief to the Saugus, Massachusetts ("Saugus" or "Town") Police Department. The plaintiff David Putnam ("Putnam"), a lieutenant in the Saugus Police Department, brought suit against John Vasapolli ("Vasapolli"), the former Saugus Town Manager, Andrew Bisignani ("Bisignani"), the current Saugus Town Manager, and the Town of Saugus alleging that he was unlawfully passed over for the police chief position on two separate occasions. Compl. ¶ 1 [Doc. No. 1]. Putnam alleges that he was passed over for the position in retaliation for his testimony before the State Ethics Commission regarding an incident in which a member of the Saugus Board of Selectmen was stopped by police for driving while intoxicated but, because of his political influence, was not charged. Id. Putnam claims that he was also bypassed in retaliation for a police report he drafted about the same incident. Id. at ¶ 50.

Putnam alleges violations of his First Amendment rights under 42 U.S.C. § 1983 by all of the defendants and a violation of Mass. Gen. Laws ch. 149, § 185 by the Town of Saugus. The defendants have moved for summary judgment on all of Putnam's claims.

A. Factual Background

The following recitation of facts is taken from Putnam's Complaint, Putnam's Statement of Contested Fact and exhibits attached thereto [Doc. No. 29], Defendants' Statement of Facts of Record as to Which There is no Genuine Issue to be Tried and exhibits attached thereto [Doc. Nos. 24, 35], Putnam's Memorandum in Support of Opposition to Summary Judgment [Doc. No. 28], and Defendants Vasapolli's and Bisignani's Memorandum in Support of Summary Judgment [Doc. No. 23].

For purposes of deciding Defendants' Motions for Summary Judgment, where a factual dispute exists, the Court must take Putnam's version of the facts as true, where supported by record evidence, and draw all reasonable inferences in Putnam's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

1. The Parties

Putnam has served as an officer in the Saugus Police Department since 1978 Compl. ¶ 7. He is currently a lieutenant,1 a rank he obtained in 1996 at which time he was first on the Civil Service list. Id.; Pl.'s Statement of Contested Material Facts ("Pl.'s Statement of Facts") ¶ 2. Throughout his tenure, Putnam has received numerous commendations and has never been disciplined. Compl. ¶ 7; Pl.'s Statement of Facts ¶ 2.

Putnam holds a Bachelor's degree in psychology and a Master's degree in criminal justice. Pl.'s Statement of Facts ¶ 1. Additionally, Putnam has taken college-level courses in criminal justice and many in-service training programs. Id. Civil Service examinations for Saugus Police Chief were administered in 1998 and 2002. Id. Putnam received the highest score on both examinations. Id.

The Town of Saugus is a municipal corporation organized under the laws of the Commonwealth of Massachusetts. Compl. ¶ 6.

Vasapolli has served as Saugus Town Counsel since 1981. Pl.'s Statement of Facts ¶ 9. From August 2002 until January 2003, Vasapolli also served as Acting Town Manager of Saugus. Compl. ¶ 4; Defs.' Statement of Material Facts ("Defs.' Statement of Facts") ¶ 5. As Acting Town Manager, Vasapolli was the appointing authority for the Saugus Police Department, including the position of temporary police chief. Compl. ¶ 4.

Bisignani was appointed Town Manager of Saugus in January 2003. Compl. ¶ 5; Defs.' Statement of Facts ¶ 7. As Town Manager, Bisignani was the appointing authority for the Saugus Police Department, including the position of permanent police chief. Compl. ¶ 5.

2. Incidents Creating a Contentious Relationship Between the Saugus Police Department and the Saugus Board of Selectmen

During the period relevant to this case, there were hostile interactions between members of the Saugus Board of Selectman2 and members of the Saugus Police Department. Pl.'s Statement of Facts ¶ 4. During this period, Saugus police charged three of the five members of the Board with criminal activity and investigated the spouse of a fourth member. Id.

a. Incident Involving Selectman Christie Ciampa

One evening, sometime before July 2004, Putnam was the commanding officer on duty for the Saugus Police Department. Pl.'s Statement of Facts, Ex. 1, Dep. of David J. Putnam ("Putnam Dep.") at 175-76. That evening, Selectman Christie Ciampa ("Ciampa") was arrested for the crime of operating a motor vehicle under the influence of alcohol. Id. The arrest followed a motor vehicle accident in which Ciampa was involved. Id.

b. Incident Involving Selectman Maureen Dever

At some time in June 2004, the Saugus Police Department received a call from someone complaining about a speeding vehicle in the neighborhood. Id. at 176. The license plate number given by the caller was that of Selectman Maureen Dever's ("Dever") husband. Id. Following the call, Putnam dispatched a sergeant to Dever's home to investigate. Id. Although the Devers were not home when the sergeant arrived, the sergeant questioned Dever's husband on a later occasion. Id.

When word of the investigation was published in a newspaper's police log, Putnam received a telephone call from Selectman Dever who wanted to know what happened. Id. Putnam explained how the investigation arose from a complaint called in to the department. Id. at 176-77. To that, Dever replied that she and her husband were in Maine that evening and that the speeding complained of "never happened." Id. at 177. Dever expressed her suspicion that the complaint was falsely made because of "Saugus politics." Id. Putnam explained that if that was so, no one in the Saugus Police Department had been involved. Id. Dever appeared to accept that explanation. Id.

c. Incident Involving Selectman Anthony Cogliano

Selectman Anthony Cogliano ("Cogliano") who operated several nightclubs in Saugus, frequently complained that he was harassed by Saugus police officers, including Putnam. Pl.'s Statement of Facts ¶ 4(a). In May 2003, shortly before Putnam was interviewed for the job of permanent police chief, Putnam ordered that criminal charges be brought against Cogliano for a liquor law violation arising from Cogliano's operation of a nightclub. Putnam Dep. at 130; Pl.'s Statement of Facts, Ex. 3, Dep. of Anthony Cogliano ("Cogliano Dep.") at 22; Defs.' Statement of Facts ¶ 41.

This charge stemmed from Cogliano's refusal to allow Saugus police officers to investigate after-hours drinking. Putnam Dep. at 124. The reason supplied by Cogliano for his refusal was that "John Vasapolli told me I don't have to let you in." Id. at 126. Cogliano pled to sufficient facts on this charge shortly before Town Manager Bisignani bypassed Putnam for the position of permanent police chief. Pl.'s Statement of Facts ¶ 18. Town Manager Bisignani admits to reading the police report of the incident involving Selectman Cogliano. Pl.'s Statement of Facts, Ex. 5, Dep. of Andrew Bisignani ("Bisignani Dep.") at 33.

Prior to this incident, in 1998, Cogliano was involved in an altercation with Saugus Police Officer Scott Crabtree ("Crabtree"), in which Cogliano spoke abusively about Saugus police officers who refused to work paid details at Cogliano's nightclub. Pl.'s Statement of Facts ¶ 4(a). According to Crabtree, Cogliano told him, "I run that fucking department." Pl.'s Statement of Facts, Ex. 7, Aff. of Scott Crabtree ("Crabtree Aff.") at 4.

Cogliano also complained that Saugus police had broken into his office. Cogliano Dep. at 21. At different times during the events described above, Cogliano complained about police harassment to the Town Managers at the time including Steven Angelo ("Angelo"), Vasapolli, and Bisignani. Id. at 52. Cogliano also complained to Police Chief Edward Felix and later to Police Chief James MacKay ("MacKay"). Id. at 50-52.

d. Incident Involving Selectman Michael Kelleher

On the evening of January 3, 2002 and early morning of January 4, 2002, Putnam was the officer in charge of the Saugus Police Department. Pl.'s Statement of Facts ¶ 5(b). That evening, Selectman Michael Kelleher ("Kelleher") had been socializing with then Town Manager Steven Angelo ("Angelo") and others at various Saugus nightclubs and bars. Id. at ¶ 5(c). Kelleher's final stop of the evening was a club managed by Selectman Cogliano. Id. Cogliano, who observed Kelleher to be intoxicated advised him not to drive because Saugus police officers were in the club's parking lot. Id. Apparently, Kelleher ignored Cogliano's advice. Id.

Shortly after 2:00 a.m. Putnam, who was at police headquarters, heard the radio report of Officers Matthew Vecchio ("Vecchio") and Kevin Cabral ("Cabral") that they had stopped a motor vehicle on Hammersmith Drive in Saugus. Pl.'s Statement of Facts, Ex. 13, Jan. 16, 2002 Police Report of David J. Putnam ("Putnam Report"). Shortly thereafter, Putnam received a telephone call on his mobile telephone from Chief of Police Edward Felix ("Felix"), who ordered Putnam to call him at his home. Pl.'s Statement of Facts ¶ 5(d). When Putnam called, Felix asked him, "Do you know who they have stopped out there?" Id. Felix then informed Putnam that Officers Vecchio and Cabral had stopped ...

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