O'Donnell claims his transfer from the position of Deputy Chief for the Investigative Services Bureau to the job at the Property Division, and subsequent demotion to the rank of captain and reassignment to a job as district patrol supervisor, both occurred in retaliation for exercises of his right to free speech. Philip O'Donnell (25 March 1972 - 29 December 2007) was a Scottish professional footballer who played as a midfielder for Motherwell, Celtic and Sheffield Wednesday. Government action that has the effect of "seriously affect [ing], if not destroy [ing]" a plaintiff's ability to pursue his chosen profession, Kartseva, 37 F.3d at 1529 (quoting Greene v. McElroy, 360 U.S. 474, 492, 79 S. Ct. 1400, 3 L. Ed. All tho, I didn't know Phil Physically, I knew his spirt. Phillip "Phil" O'Donnell (25 March 1972 - 29 December 2007) was a Scottish football player. Phil O'Donnell Profiles | Facebook To turn to the public-concern side of the equation, O'Donnell's letter makes two principal points: it observes that Hennessy's transfer out of the Homicide Branch hurt the Branch, and it endorses the credibility of Hennessy and questions that of Soulsby. I feel bad now for not being able to meet such a kind person face to face as it's those kinds of people who enlighten everyone they meet. Ed Durree joined the firm in 1975, and the firm name was changed to Strodel Kingery & Durree, Assoc. The allegations surrounding the pact are exceptionally intricate (one expects a Maltese falcon to enter into the story at any moment). I can honestly say when I heard the news on the radio, a shiver went down my spine.'. Once again, Soulsby said that the transfer was because Barry thought O'Donnell was a racist. Philip O'Donnell, CPA, CGMA - Deputy Chief Financial Officer - LinkedIn Nor may O'Donnell sue purely on the basis of the stigma associated with being fired; the Court found in Paul v. Davis, 424 U.S. 693, 96 S. Ct. 1155, 47 L. Ed. And finally, the employer should have an opportunity to show "by a preponderance of the evidence that it would have reached the same decision even in the absence of the protected conduct." People named Philip ODonnell. Scottish footballer Phil O'Donnell collapses during game and dies, List of association footballers who died while playing, "Scotland U21 Player Phil O'Donnell Details", Grief Of Family, Fans And Stars For Phil O'Donnell, A model professional, a great club ambassador, "Family prepares for O'Donnell's funeral", "Celtic's 'sporting integrity' is giving Rangers a fixture headache", "James McFadden tears bring sense of perspective to Everton's ascent", "O'Donnell Tributes From Fans Around World", "Motherwell players offered counselling to deal with tragedy", "Scots football star dies in pitch tragedy", "Main Stand renamed after Phil O'Donnell", "Motherwell unveil new Phil O'Donnell tribute", "Tribute to Phil O'Donnell - Trek Cotopaxi", "Games played by Phil O'Donnell in 1999/2000", "Games played by Phil O'Donnell in 2000/2001", "Games played by Phil O'Donnell in 2001/2002", "Games played by Phil O'Donnell in 2002/2003", "Games played by Phil O'Donnell in 2003/2004", "Games played by Phil O'Donnell in 2004/2005", "Games played by Phil O'Donnell in 2005/2006", "Games played by Phil O'Donnell in 2006/2007", "Games played by Phil O'Donnell in 2007/2008", "Never forgotten: Well's tribute to tragic skipper Phil O'Donnell on seventh anniversary of his death", https://en.wikipedia.org/w/index.php?title=Phil_O%27Donnell_(footballer)&oldid=1151332345, Scotland under-21 international footballers, Association football players who died while playing, Short description is different from Wikidata, Articles with unsourced statements from March 2020, Creative Commons Attribution-ShareAlike License 3.0, *Club domestic league appearances and goals, This page was last edited on 23 April 2023, at 10:44. Mike Cajohn and I have remained close friends and I know how close the two of them are and what a wonderful and long friendship they have shared. O'Donnell penned the No. ', Former First Minister Jack McConnell, MSP for Motherwell and Wishaw, said: 'Phil O'Donnell was a great professional who was admired by fellow players and fans alike. In the meantime, according to O'Donnell, he was doing an exemplary job of running the Property Division. Although it no doubt would have been difficult for Soulsby and O'Donnell to work together after O'Donnell's letter was written, on the record as it stands their working relationship seems to have been very limited in any case: O'Donnell occasionally wrote Soulsby memoranda (and received no response), and the two occasionally saw each other at meetings, but there appears to have been little other working relationship. By contrast, the reason for O'Donnell's demotion was fairly clear, and the stigma itself less severe. The district court concluded that O'Donnell's memos to and discussions with Soulsby were all on topics of public concern, but that the letter to the editor was not. The district court dismissed O'Donnell's First Amendment claims before any record had been developed, and indeed before the District filed an answer. And, although (as we have found) O'Donnell was not in Soulsby's inner circle when he wrote the letter, he was a fairly senior police official, so that it was of some importance that he appear loyal to his superiors. Phil "Philbilly" O'Donnell - Bio - Sandy Lee Songfest It is my opinion that Capt. (1-268 of 268) Year. [13], He was survived by his wife Eileen, their daughters Megan and Olivia and sons Christopher and Luc, aged twelve, six, ten and four years respectively. Second, the court must consider whether the governmental interest in "promoting the efficiency of the public services it performs through its employees" without disruption, Pickering, 391 U.S. at 568, 88 S. Ct. 1731, outweighs the employee's interest, "as a citizen, in commenting upon matters of public concern," id., and the interest of potential audiences in hearing what the employee has to say, United States v. National Treasury Employees Union, 513 U.S. 454, 468, 115 S. Ct. 1003, 130 L. Ed. A loss of rank, status and pay alone is not actionable under the Due Process Clause. O'Donnell's letter to the editor raised two broad issues. Mr. Phil will be missed and I know he is carving that big bowl in heaven! Philip ODonnell Profiles | Facebook "[citation needed], Motherwell and other fans laid flowers, scarves, strips and other mementos at the gates of Fir Park. Soulsby also reassigned Captain Hennessy to a less responsible job, that of Night Supervisor. The following season, he replaced Scott Leitch as club captain. We were skating the bowl at Vans skatepark and we talked like we had been friends for years and I had only met him an hour ago. O'Donnell says that when Hennessy learned of this claim he confronted Soulsby, who admitted he had lied. I did not support Capt. See Hall v. Ford, 856 F.2d 255, 258 (D.C. Cir. Published by The Washington Post from Oct. 21 to Oct. 22, 2005. Former England defender Andy Hinchcliffe, a team-mate of O'Donnell's at Sheffield Wednesday, was stunned by the news. The District also argued before the district court that Soulsby was entitled to qualified immunity. But if the letter is read as a commentary on the believability of recent statements by Hennessy and Soulsby, it might have more significance.