Does a person's First Amendment rights cease when they are hired by the police department? That is what is at issue in a suit that was brought against the City of Topeka (Kansas) and acting Police Chief Steve Harsha.
Fraternal Order of Police lawyer, John Frieden is representing two Topeka police officers who were disciplined after they responded through e-mail and a letter to the local NAACP president's newspaper column. He filed suit Tuesday in U.S. District Court against interim Police Chief Steve Harsha saying he breached their right to free speech.
According to the Topeka Capital Journal, Ken Eaton, a 21-year police officer, was demoted from detective to patrol officer and received a 15-day suspension. Detective George Campbell, a 27-year officer, received a one-day suspension, Topeka attorney John Frieden, who represents Eaton and Campbell, said Tuesday.
Frieden said, "Police officers don't leave their constitutional rights at the door when they are hired."
Frieden said Eaton and Campbell also don't disagree that Glenda Overstreet, president of the Topeka branch of the National Association for the Advancement of Colored People and a columnist for The Topeka Capital-Journal, has a right to express her opinion.
The lawsuit "has nothing to do with racism. The issue we've raised in federal court and in arbitration has to do with the right of freedom of speech," Frieden said.
Overstreet said Tuesday that she didn't have any response to the lawsuit "other than I was totally unaware of it. They have every personal right to do what they think is best."
In her Feb. 17 column, Overstreet suggested that Shawnee County District Courts are "racist," Frieden said.
Overstreet's column included "her questioning the justice involved in the sentencing of a young African-American male on drug charges since no other African-Americans were involved in the young man's sentencing, including the jury, judge and attorneys involved." The column included an e-mail address where Overstreet invited public comment, "not just comments that are favorable," Frieden said.
Campbell sent an e-mail from his residential account on Feb. 19 to Overstreet, who responded two days later. On Feb. 22, Eaton sent an e-mail from his "TPD e-mail account at his home" to Overstreet and two police officers, the lawsuit said. Harsha disciplined Campbell and Eaton on March 3, saying they violated administrative regulations.
"The real reason discipline was administered related solely to the content of the specific comments made" by Eaton and Campbell, the lawsuit said without going into specifics about the e-mails.
Article comments