Phoenix Law Enforcement Association

PLEA Attorneys Obtain Injunction to Prevent Termination

In the last week PLEA’s attorneys have been working overtime on the Ofc. Richard Chrisman case.  Rich was scheduled to be Loudermilled (terminated) tomorrow (Oct. 26, 2010).  PLEA Attorneys Mike Napier (pictured at left) and Kathryn Baillie were successful in obtaining injunctive relief from the Superior Court that will prevent the Department from moving forward with termination at this time.  The statement below was issued by PLEA’s attorney.

Today, Superior Court Judge Robert Oberbillig issued a Temporary Restraining Order preventing the Phoenix Police Department from proceeding with  the Loudermill hearing for Officer Richard Chrisman scheduled for tomorrow, Tuesday, October 26, 2010.  This stay order was the result of injunctive relief sought by PLEA.

PLEA’s attorneys argued that Officer Chrisman would be placed in a position where he would be denied the opportunity to engage in a meaningful Loudermill hearing unless he waived his 5th amendment rights.  They argued that the right to assert 5th amendment rights should not require forfeiture of employment by being unable to fully participate in the pre-termination process.  We have long asserted our Garrity rights; now, we are asserting the right to not be forced into an impossible decision of choosing between job or constitutional rights.

When engaging in the aspect of the disciplinary process the affected officer would need to offer up statements in their defense, if they are to have any chance at all in the due process required proceedings (Loudermill).  These statements are considered to be strictly voluntary, unlike the Garrity situation where the statements are forced. At present, the hearing for a preliminary injunction will be held on November 9th at 1:30 pm.

At the proceeding, the judge inquired as to witnesses at the Grand Jury.  The judge was informed that Chrisman’s attorney presented defense witnesses to the County Attorney and the County Attorney refused to let them speak.

Listen Now! to audio from the Mike Broomhead show aired on KFYI on Oct 25, 2010.