Public Employee Immunity

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7^th Circuit Court of Appeals

Case Name: Patrick Fehlman v. James Mankowski

Case No.: 22-1467

Officials: Easterbrook, Jackson -Akiwumi, and Lee, Circuit Judges

Focus: Public Employee Immunity

In 2019, Fehlman served as the interim police chief for the Neillsville Police Department. The following year, Mankowski was appointed as the permanent chief, and Fehlman resumed his role as a rank-and-file officer. Over the next few months, Fehlman expressed concerns about the department’s management, which Mankowski ignored. Fehlman, along with other officers, sought a meeting with the Police & Fire Commission (PFC), during which he raised various issues about Mankowski’s conduct. These included claims that Mankowski created a fearful environment among officers, displayed unprofessional behavior, and, while on duty, made inappropriate remarks to a bar owner about the owner’s wife. Fehlman also alleged that Mankowski ordered officers to disable their body cameras in violation of department policy, verbally abused suspects, implemented radio talk changes that jeopardized officer safety, and prioritized speed limit enforcement over responding to a child abuse allegation at a school.

In response to Fehlman’s actions, Mankowski retaliated by harassing him, revoking his work credit card, and threatening him with charges of insubordination. Fehlman eventually resigned from the Neillsville Police Department. Furthermore, Mankowski allegedly interfered with Fehlman’s job search by making false, disparaging comments about him. Despite this interference, Fehlman managed to secure new employment. Additionally, Fehlman discovered that his personnel file at the NPD had been tampered with and that Mankowski provided misleading information to the unemployment compensation office, leading to a delay in Fehlman’s benefits.

In response to these actions, Fehlman filed a lawsuit against Mankowski under 42 U.S.C. 1983, alleging a violation of his First Amendment rights. However, the Seventh Circuit upholds the dismissal of his complaint, stating that Fehlman’s statements to the PFC were made in his capacity as a public employee, not as a private citizen.

Affirmed

Decided 07/26/23

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