Third Circuit rejects a retaliation suit against a city police officer who reported possible misconduct to state officials. She was transferred to the property room, without any loss of pay. "Plaintiff's transfer and the alleged comments and behavior directed towards her do not amount to punitive conduct that would deter a person of ordinary firmness from exercising her free speech rights, and ... the lack of adverse employment action was fatal to [her] claims. Revell v. City of Jersey City, #09-4207, 2010 U.S. App. Lexis 19407 (Unpub. 3rd Cir.).
     Federal appellate panel affirms the termination of a HHS employee who refused a transfer to Atlanta from Hawaii. "Removal is not an unreasonably harsh penalty" for a refusal to accept a new assignment. Toyama v. Leavitt, #2010-3038, 2010 U.S. App. Lexis 17119 (Fed. Cir.).
     The reassignment of a black, GS-15 agent-in-charge of a former First Lady's Secret Service detail to an Asst. Agent-in-Charge position at a training center was not appealable, because it was at the same pay grade and was not an adverse personnel action. Moreover, the "ample record supports the Service's assertion that [the agent] was reassigned based on the perceptions of his first and second line supervisors that he had been less than effective managing the relatively small [Lady Bird] Johnson Protective Division." Sykes v. Napolitano, #07-42, 2010 U.S. Dist. Lexis 45873 (D.D.C.).
     Seventh Circuit affirms the dismissal of a suit, challenging an alleged disciplinary transfer, of a deputy who wrote a humiliating public comment about the sheriff. While the deputy spoke as a citizen, the content of the message was not a matter of public concern. Milwaukee Deputy Sheriff’s Assn. v. Clarke, #08-3298, 2009 U.S. App. Lexis 16082 (7th Cir.).
     Arbitrator overturns an involuntary transfer that occurred immediately after the grievant indicated that he was going to file a grievance challenging a schedule change. City of Reno and Reno Police Employees, 125 LA (BNA) 158 (Staudohar, 2008).
     Federal appeals court reinstates an action challenging a court security officer's transfer in violation of the bargaining agreement. There was no showing by the employer that the transfer could have been challenged via grievance mechanisms. Cephas v. MVM, #06-5244, 2008 U.S. App. Lexis 6461 (D.C. Cir.).
     Seventh Circuit overturns a judgment for $210,000 in compensatory and $150,000 in punitive damages, awarded to a State Police lieutenant that was laterally transferred because of his criticism of a case and filing an internal complaint. His statements and reports were made pursuant to his official duties, and not as a citizen. Callahan v. Fermon, #05-4313, 2008 U.S. App. Lexis 10800 (7th Cir.).
     Police officers lacked a prima facie entitlement to summary judgment on a claim that their reassignment from a narcotics task force to the patrol division was "disciplinary action" within the meaning of the bargaining agreement, which contained a grievance and arbitration procedure. Police Officers v. City of Farmington, #24,972, 2006-NMCA-077, 2006 N.M. App. Lexis 51, 179 LRRM (BNA) 3352 (NM App. 2006). {N/R}
     Alleged retaliatory transfer of an Illinois State police lieutenant results in a verdict for $210,000 in compensatory damages and $472,300 in punitive damages against two superiors. Callahan v. Brueggemann, #03-CV-2167 ( C.D. Ill. 2005). [2005 FP Oct]
     Federal appeals court rules that a state does not waive its sovereign immunity by removing to federal court, a lawsuit challenging an involuntary transfer. Stewart v. N.C. Dept. of Correction, #4-1138, 393 F.3d 484, 2005 U.S. App. Lexis 11, 22 IER Cases (BNA) 367 (4th Cir. 2005). {N/R}
     Court declines to dismiss a retaliation lawsuit filed by a state trooper who was involuntarily transferred after filing a grievance and subjected to a pay cut shortly after he filed a discrimination complaint with the EEOC. Brand v. North Car. Dept. of C.C. & Public Safety, #1:03-CV-00966, 352 F.Supp.2d 606, 2004 U.S. Dist. Lexis 26190 (M.D.N.C. 2004). {N/R}
     Arbitrator holds that the city violated a past practice when management selected a less senior firefighter to fill a vacancy by transfer. Arbitrator also ordered payment of overtime differential. City of Urbana and Urbana F/F Assn., 119 LA (BNA) 1078, FMCS Case No. 041202/01725/6 (Imundo 2004). [2004 FP Sep]
     Federal appeals court rejects the retaliation lawsuit of a police lieutenant who claimed he was transferred to light duty because he gave negative testimony about the chief of police in another officer's civil rights trial. The lieutenant did not suffer an adverse employment action because his lost pay and benefits were retroactively restored. Mylett v. City of Corpus Christi, #03-40774, 2004 U.S. App. Lexis 8729 (5th Cir. 2004). {N/R}
     Appellate court declines to overturn an arbitration finding that an involuntary transfer of an officer from the aviation unit was for disciplinary reasons and was grievable, as opposed to a nondisciplinary managerial decision. Penn. State Police v. P. S. Troopers Assn., #1815 C.D. 2003, 840 A.2d 1059, 2004 Pa. Commw. Lexis 18, 174 LRRM (BNA) 2154 (Penn. Cmwlth 2004). {N/R}
     Arbitrator finds that management transferred two officers for disciplinary reasons in violation of the bargaining agreement. City of El Paso and El Paso POA, 118 LA (BNA) 855, AAA Case #70-390-00619-02 (Allen, 2003). {N/R}
     Union was not liable for a breach of its duty of fair representation when it chose not to pursue the arbitration of a forced transfer of one of two employees who were bitter enemies in the workplace. Driver v. U.S. Postal Service, #01-6079, 2003 FED App. 0140P, 2003 U.S. App. Lexis 9195 (6th Cir. 2003). [2003 FP Jul]
     Federal court in D.C. refuses to order the prosecutor to remove an officer's name from a blacklist -- thereby preventing him from making arrests, testifying in court or working undercover assignments. The due process clause and civil service laws do not protect a particular job assignment, not accompanied by a loss of pay. Humberson v. U.S. Attorney's Office, #02-2179, 2003 U.S. Dist. Lexis 242 (D.D.C. 2003). [2003 FP Apr]
     Seventh Circuit affirms the dismissal of a retaliation lawsuit brought by DEA instructors that were summarily transferred after they publicly demeaned women, Attorney General Reno and First Lady Hillary Clinton. The DEA had a duty to thoroughly investigate the harassment claims and to take remedial action. Flanagan v. Ashcroft, #00-2766, 2003 U.S. App. Lexis 844 (7th Cir. 2003). [2003 FP Apr]
     Tenth Circuit affirms a $75,000 verdict for a SWAT officer who was involuntarily transferred after he testified that the department's firearms training programs were deficient. Schneider v. C&C of Denver, #01-1199, 2002 WL 1938583, 2002 U.S. App. Lexis 17605 (10th Cir.2002). [2002 FP Nov]
     Corrections lieutenant who was laterally transfer failed to prove she was the victim of retaliatory action after she opposed the termination of a native-American officer. Petersen v. Utah Dept. of Corrections, # 01-4090, 301 F.3d 1182, 2002 U.S. App. Lexis 17415, 89 FEP Cases (BNA) 1182 (10th Cir. 2002). [2002 FP Nov]
     Federal court in Chicago rejects suit by DEA instructors that were summarily transferred after they demeaned women, the Attorney General and the First Lady. Flanagan v. Reno, #97C2083, 101 F.Supp.2d 1022, 2000 U.S. Dist. Lexis 8350, 83 FEP Cases (BNA) 352 (N.D. Ill.). [2000 FP 141-2]
     Federal judge overturns a $50,000 verdict for a retaliatory transfer, after a NYPD detective complained of national origin discrimination. Lateral change had no "adverse" action. Chu v. City of N.Y., 99 Civ. 11523, 2000 U.S. Dist. Lexis 18513 (S.D.N.Y.).
     California appeals court allows an officer to have a civil service hearing prior to a disciplinary transfer, with a pay reduction. Giuffre v. Sparks, 1999 Cal. App. Lexis 1097, 91 Cal.Rptr.2d 171. [2000 FP 29]
     Federal court dismisses detective's lawsuit claiming that transfers and reassignments were imposed to punish him for suing the police dept. in a prior dispute. Guida v. Police Dept. City of N.Y., 1997 U.S.Dist. Lexis 7053 (S.D.N.Y.). [1997 FP 107-8]
     Federal appeals court rejects a suit by a CHP commander, that claimed he was involuntarily transferred because his subordinates ticketed the daughters of the Commissioner. Stiesberg v. St. of Calif., 80 F.3d 353 (9th Cir. 1996). [1997 FP 46]
     Jury awards $31,000 general and $121,000 punitive damages to a police officer who, in 1989, was transferred for taking the Fifth Amendment at a grand jury proceeding. Judge overturns the verdict because in 1989 the right to be free from a punitive transfer was not clearly established. Chan v. City of Chicago, 916 F.Supp. 804, 1996 U.S.Dist. Lexis 1905 (N.D.Ill.). In an earlier ruling, the court ruled the dept. could not transfer the officer to a less desirable assignment with loss of overtime and take-home vehicle. Transfer was a "constructive demotion." See 777 F.Supp. 1437 (N.D. Ill. 1991). [1996 FP 174 and 1992 FP 55]
     Federal appeals court reverses trial court that dismissed a suit filed by a state trooper against the commissioner, challenging a transfer imposed after he expressed opinions on the operation of a town. U.S. Supreme Court declines review. Bieluch v. Sullivan, 999 F.2d 666 (2d Cir. 1993); cert. den. sub nom Sullivan v. Bieluch 114 S.Ct. 926 (1994). {N/R}
     Member of the National Guard, who was involuntarily transferred after a "whistle-blowing" incident, could not bring a Sec. 1983 civil rights action against the state. The Guard was not a "person" under the act, the 11th Amendment precluded his monetary claims, and a guardsman is not a "employee" under the state's whistleblower protection act. Introini v. S.C. Natl. Guard, 828 F.Supp. 391 (D.S.C. 1993). {N/R}
     Sheriff's officer who was transferred from road patrol to court security duties, with loss of vehicle and overtime, was not deprived of a liberty or property interest, since overtime and use of a county vehicle were not rights guaranteed to employees under state law or the bargaining agreement. Lake Co. Sheriff and Grievant, 99 LA (BNA) 31 (Eagle, 1992). {N/R}
     Federal courts uphold $1,840,000 award to five Philadelphia police officers for disciplinary transfers. Keenan v. City of Philadelphia, 983 F.2d 459 (3rd Cir. 1992). [1993 FP 46]
     Transfers which involve no loss of pay or rank do not deprive the employee of a property or liberty interest. The employee is not entitled to due process protections prior to the transfer. Oladeinde v. City of Birmingham, 963 F.2d 1481 (11th Cir. 1992), cert.den. 113 S.Ct. 1586 (1993). {N/R}
     Federal Civil Rights Act protects employees against punitive transfers for exercising their First Amendment Rights. Nowak v. Szedo, 704 F.Supp. 153 (N.D. Ill. 1989).
     Retaliatory transfer of police officer for refusing to ignore parking violation by mayor's son did not furnish the basis for a damage suit against his superiors. Sager v. Reynolds, 750 S.W.2d 616 (Mo.App. 1988).
     Federal court holds that an involuntary transfer can be a "demotion" even though pay grade is unchanged. Officer allegedly transferred twice for exercising his First Amendment rights. McNamara v. City of Chicago, 700 F.Supp. 917 (N. D. Ill. 1988).
     Court finds transfer was for disciplinary purposes and should be set aside. Personnel Bd. of Jefferson Co. v. Bailey, 475 So.2d 863 (Ala. Civ. App. 1985).
     Transfer of officer from motorcycle to patrol car, with cut in skill pay, constituted "discipline"; hearing required. McManigal v. City of Seal Beach, 212 Cal.Rptr. 733 (App. 1985).
     Highway patrol could transfer dissension causing member without a due process hearing. Hughes v. Whitmer, 714 F.2d 1407 (8th Cir. 1983).
     Lateral transfers for disciplinary reasons are valid without due process protections. Mosrie v. Barry, 718 F.2d 1151 (D.C. Cir. 1983).
     Underlying facts surrounding a transfer will determine whether it is for disciplinary reasons, requiring a hearing. Hughes v. Whitmer, 537 F.Supp. 93 (W.D. Mo. 1982). Transfer of subordinate was disciplinary action and required a hearing when accompanied by salary reduction. White v. Co. of Sacramento, 183 Cal.Rptr. 520, 646 P.2d 191 (1982).
     Federal appeals court holds that courts may not enjoin a punitive transfer; disciplinary appeals procedure is the exclusive remedy. Gilley v. United States, 649 F.2d 450 (6th Cir. 1981).
     Transfer to punish employee for publicly revealing departmental information held unconstitutional by federal court. Ruhlman v. Barger, 435 F.Supp. 447 (W.D. Pa. 1976).
     See also: Transfers - Non Disciplinary