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Todd v. Kelley3/10/2000
he residence to check on Sgt. Fields. Todd said that, when he entered the back bedroom where he had left Sgt. Fields and P.E., he saw Sgt. Fields tucking in his shirt, zipping up his trousers and repositioning his gun belt. Todd reported what he had seen to Chief Bradley.
Bradley confirmed that Todd had reported the incident to him. He testified that, according to departmental policy, Todd was obligated to report any instance of what he thought was misconduct by a fellow officer. Bradley said that he talked to Sgt. Fields about Todd's report and that Fields denied any wrongdoing. Bradley also said that he talked with the mayor about the report, but he said he did not recall what the mayor said. Bradley testified that, although the mayor did not specifically ask him to take any further action to investigate the report, he (Bradley) asked a Lt. Evans to investigate the matter. Chief Bradley said that he also talked to Officer Robbie Johnson about Todd's report and that Officer Johnson stated that he was present and saw no misconduct by Sgt. Fields.
Bradley said two other police officers -- P.K. Johnson and Herbie Cauthen -- informed him that they had been present at the scene of the domestic-disturbance call and they also saw no improper conduct by Sgt. Fields. In deposition testimony, Officers P.K. Johnson and Herbie Cauthen said that they did not recall being present on the day in question and that they had never stated to anyone that they were present.
In deposition testimony, Officer Robbie Johnson, however, testified that Officer P.K. Johnson had responded to the domestic- disturbance call and that, although he could not be sure, he thought Officer Herbie Cauthen was there, too. Officer Robbie Johnson testified that he was in the room with P.E. the entire time that Todd and Fields were there and that he saw no inappropriate conduct by Sgt. Fields.
Sometime after Todd reported Sgt. Fields's alleged misconduct with P.E., Fields completed a performance evaluation of Todd. The evaluation gave Todd low marks and recommended that he not receive a pay raise. Todd filed a grievance, asked for a different evaluator, and was given another performance evaluation, this time by a Lt. Mayfield.
Mayfield's evaluation, dated November 10, 1997, states:
"Officer Todd is an aggressive capable police officer. His recall and persistence is above average. I believe if he would focus on his job performance and block out others he would excel; don't worry about what others do or say, just worry about doing a good job. I recommend the normal step raise given Officer Todd on his anniversary."
Two days later, Chief Bradley approved the pay increase and informed Todd that he had been recommended for a raise. Less than one month later, on December 4, 1997, P.E. filed a complaint against the city. The next day, December 5, 1997, the mayor fired Todd.
In deposition testimony, P.E. stated that during the domestic- disturbance call of July 26, 1997, Officer Todd came into the room where she was hiding from her boyfriend and tried to talk to her, but she would not respond. Then, she said, Sgt. Fields entered the room and Todd left. P.E. testified that Fields patted her shoulder and repeatedly asked her whether she was all right. She nodded but would not lift her face. She said Fields said, " ell hold up your face and let me see." P.E. said she faced Fields and held out her arm, showing him where her boyfriend had hit her. She said she began to cry and that Sgt. Fields said to her, "You don't have to put up with this; you don't have to put up with this." Then, according to P.E., Sgt. Fields said, "Dog, my darn girdle is too tight."
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