I received this press release about 15 minutes ago.
March 27, 2008
For further information contact:
Gary T. Miotke, Attorney
6828 Park Ave
Allen Park, MI 48101
313-388-4809
Hamtramck Whistleblower/First Amendment Lawsuit is imminently approaching
U.S. District Court Judge Marianne O. Battani has fast tracked the Hamtramck Whistleblower/First Amendment Case for trial. In a recent conference with attorneys, Battani ordered the trial of Whittie v Hamtramck, Doyle, Crawford, Schimmel, Turner & Klein to commence on June 23, 2008; this being less than three months away. Both lawsuits that have been filed by Whittie have been consolidated for one jury trial.
Battani also directed the parties to engage in a facilitation process, a process similar to mediation. The judge directed the citys attorneys to have two members of the Hamtramck City Council and Police Chief James Doyle present for the facilitation process. It is unknown at this time, which two council members will be present.
It appears from recent council meetings that the citys attorneys, John Clark and Steven Hitchcock, of Mullins & Giamarco, are not even consulting with the city council in regards to possible settlement or with respect to the direction of the lawsuit. Recently, Councilwoman Cathy Gordon has publicly complained at two city council meetings that the city council has not been made aware of the stage of proceedings of the lawsuit. According to the city council meetings, the city council has not been receiving any updates from their attorneys, even though Chief Doyles attorney, Frederick Schmoll, appears to be billing the city for his services to Doyle. Being that the citys last ditch effort to get the second lawsuit dismissed was rejected by the U.S. Circuit Court of Appeals on February 14th, it appears the only information the city council is receiving this critical stage of the process is the from the newspaper (Hamtramck City Council Meetings of February 26 & March 25, 2008).
The facilitation appears to be the citys last chance to settle this claim. With information that the citys insurance carrier will not cover the first lawsuit and may not even cover the second lawsuit, this could be especially concerning to residents in that Whittie is seeking over $1.5 million in economic damages and also other non-economic damages. At best, if the insurance carrier does provide coverage, it is limited to $1 million, including legal costs.
Attorney Gary Miotke, of Allen Park is representing Whittie in this matter.
Background
Whittie is known in Hamtramck for blowing the whistle on the corrupt practices of the former DPW Superintendent, who was a convicted felon appointed in violation of the city charter and former police commissioner Melvin Turner who was serving in two communities in violation of state law. The DPW Superintendent was terminated after Whitties report and Turner was forced to resign from his position. Whittie made public these unlawful practices by reporting them to elected officials as well as on a website. Just two months after whistleblowing, Whittie was terminated in 2003 by then Emergency Financial Manager Louis Schimmel and Police Chief James Doyle for sending an email to his friends advising them that Chief Doyle was retaliating for the whistleblowing. Whittie filed a First Amendment and Whistleblower Lawsuit. Judge Battani ruled that the email and whistleblowing was protected speech. The defendants took an appeal, which was later dismissed by the Federal Circuit Court of Appeals. A labor arbitrator reinstated Whittie.
Whittie had returned to work as a police officer for nine months when Chief Doyle and Manager Crawford received notice that there was no coverage under the citys insurance policy on Whitties first lawsuit and then just two weeks later terminated Whittie for writing the thank you letter to residents.
Once again, Whittie was forced to file a 1st Amendment lawsuit to vindicate his rights. In addition to the lawsuit filed against the city of Hamtramck, Whittie filed suit against Police Chief James Doyle and City Manager Donald Crawford. In addition, Whittie filed a defamation of character claims against Councilmembers Scott Klein and Robert Cedar.
Federal Judge Marianne O. Battani of the Federal District Court ruled that Whitties thank you letter to residents published in the Hamtramck Citizen was protected speech under the 1st Amendment to the United States Constitution.
Judge Battani ruled that Whitties speech was a matter of public concern that caused no disruption to the employer and was thereby protected under the constitution. In addition, defamation claims against Police Chief James Doyle, Councilmember Scott Klein and Councilmember Rob Cedar would advance.
The individual defendants Chief Doyle and Manager Donald Crawford took an appeal to the 6th Circuit Court of Appeals to attempt to overturn Judge Battanis ruling. The city paid for all of the individual defendants’ legal expenses. A trial is scheduled for June 23, 2008.
Included in the consolidated trial are several First Amendment, Freedom of Speech Claims, a Whistleblower violation claim and several defamation of character claims.