United States District Court, E.D. Michigan, Southern Division
Anthony P. Patti, Magistrate Judge
OPINION AND ORDER DENYING IN PART AND GRANTING IN
PART DEFENDANTS' MOTION TO DISMISS [16]
LAURIE
J. MICHELSON, UNITED STATES DISTRICT JUDGE
Scott
Woodard is a Michigan State Police Officer
(“MSP”) and the Executive Director of the
Automobile Theft Authority (“ATPA”). Woodard
alleges the Michigan State Police stripped him of his police
powers and placed him on suspension after he brought to light
alleged misuse of funds. So he brings a First Amendment
retaliation claim against Kriste Etue and Michael Johnson,
both high-ranking members of the Michigan State Police. (ECF
No. 15, PageID.104.) Etue and Johnson move to dismiss. For
the reasons that follow, Woodard's claims proceed to
discovery.
I.
The
following narrative is drawn entirely from the First Amended
Complaint's non-conclusory allegations, which, at this
stage, are taken as true. See Ashcroft v. Iqbal, 556
U.S. 662, 678-79 (2009).
A.
Scott
Woodard is a Lieutenant in the Michigan State Police
Department. (ECF No.15, PageID.103.) He is also an appointed
member of the Automobile Theft Prevention Authority (ATPA).
(Id.) The ATPA is a creature of statute with
authority to exercise its powers, duties and functions
independently of the Michigan State Police (although
Woodard's complaint does not tell us what those powers,
duties, and functions are). (Id. at PageID.104.)
When Woodard was acting in his capacity as an ATPA board
member, he was not performing any of his official duties as a
police officer. (Id. at PageID.107.)
The
events giving rise to this case began in November 2017.
Sometime around then, Woodard was still on the ATPA board and
he told two of his fellow board members that he believed
Nancy Becker Bennett, a state police department employee, was
misusing ATPA funds. (Id. at PageID.104.) Allegedly,
the misuse of funds included purchasing computer equipment
and reimbursing staff salaries. (Id. at PageID.105.)
One
month later, the ATPA convened a board meeting. (Id.
at PageID.105.) Attending the meeting was Michigan State
Police Colonel Kriste Etue, who, according to Woodard, was
“in charge of the Michigan State Police
department.” (Id. at PageID.104.) ATPA board
members asked Etue for a “breakdown of expenditures of
ATPA funds.” (Id.)
At the
next ATPA board meeting, held in March 2018, Etue explained
away the use of funds for computer equipment. (Id.)
Etue said the equipment expenditure was related to a
“general rise in [another agency's] costs”
and not the purchase of equipment. (Id.)
In
response to Etue's explanation, ATPA board members
requested more information. They asked Etue to itemize the
cost increase she referenced. (Id. at PageID.105.)
And they asked Etue to explain the reimbursements for staff
salaries, including the salary of Becker Bennett.
(Id.)
Not
long after the March 2018 board meeting, Becker Bennett and
Inspector Michael Johnson each told Woodard that someone was
“leaking information to the Board.”
(Id.) Soon after, Woodard was “ostracized by
his command.” (Id.)
Woodard
put his concerns in a detailed email. (Id.) Woodard
sent the email to the ATPA board and the Michigan State
Police command staff (including Johnson). (Id.) In
it, he laid out his suspicion that “ATPA funds were
being improperly appropriated to the Michigan State Police
without ATPA board approval.” (Id.)
Woodard's email requested a full investigation by the
state police and the Auditor General. (Id. at
PageID.106.) In response to the email, the ATPA board called
a special meeting between the board of directors and Etue.
(Id.)
Eleven
days after Woodard sent the email, Johnson acted. First,
Johnson advised Woodard that he was being relieved of his
duties as a Michigan State Police Officer. (Id.) The
next day, Johnson went to Woodard's house and collected
all of Woodard's police gear. (Id.) As a result,
Woodard took a medical leave. And a few months later, Woodard
was placed on an ...