Dennis Tedder v. Bobby Norman, Individually, & Dir., Arkansas Law Enf't Training Academy, 167 F.3d 1213 (8th Cir. 1999). · Go Syfert
Dennis Tedder v. Bobby Norman, Individually, & Dir., Arkansas Law Enf't Training Academy, 167 F.3d 1213 (8th Cir. 1999). Cases Citing This Book View Copy Cite
52 citation events (42 in the last 25 years) across 8 distinct courts.
Strongest positive: Ciarametaro v. City of Gloucester (ca1, 2023-11-28)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Ciarametaro v. City of Gloucester
1st Cir. · 2023 · confidence medium
See, e.g., Worrell v. Henry, 219 F.3d 1197, 1208 (10th Cir. 2000) (district attorney could withdraw an offer of employment to serve as the coordinator of a drug task force, because the offeree's past testimony on behalf of a criminal defendant risked relationships with a cooperating agency); Tedder v. Norman, 167 F.3d 1213, 1215 (8th Cir. 1999) (director of a law enforcement training center could demote his deputy, because the deputy's prior testimony in an excessive force case threatened relationships between the - 17 - training center and the law enforcement agencies it trained); cf. Gilchri…
discussed Cited as authority (rule) Minten v. Weber
N.D. Iowa · 2011 · confidence medium
In Tedder v. Norman, 167 F.3d 1213, 1215 (8th Cir.1999), the Eighth Circuit Court of Appeals rejected a First Amendment challenge to the demotion of a deputy director of a state law enforcement training academy who had testified as an expert witness that a deputy sheriff of one of the agencies that sent trainees to the academy had used excessive force.
discussed Cited as authority (rule) Williams v. Seniff
7th Cir. · 2003 · confidence medium
Lauck Aff. at ¶ 3; Tedder v. Norman, 167 F.3d 1213, 1215 (8th Cir.1999) (holding that deposition testimony of deputy director of police training academy, which upset crucial business relationships with other law enforcement agencies, was significant in Pickering analysis); Tyler, 72 F.3d at 570 (noting significance of negative impact on interagency relationships caused by employee's speech). 31 Additionally, as Assistant Chief of Police, Mr. Williams was charged with oversight of security at the Dickens trial.
discussed Cited as authority (rule) Williams, Norval v. Seniff, Rick
7th Cir. · 2003 · confidence medium
Lauck Aff. at ¶ 3; Tedder v. Norman, 167 F.3d 1213, 1215 (8th Cir.1999) (holding that deposition testimony of deputy director of police training academy, which upset crucial business relationships with other law enforcement agencies, was significant in Pickering analysis); Tyler, 72 F.3d at 570 (noting significance of negative impact on interagency relationships caused by employee’s speech).
examined Cited as authority (rule) Kinney v. Weaver (3×) also: Cited "see", Cited "see, e.g."
unknown court · 2002 · confidence medium
Tedder v. Norman, 167 F.3d 1213, 1215 (8th Cir.1999), held that the Arkansas Law Enforcement Training Academy’s interest outweighed the free speech interest of its deputy director who gave voluntary deposition testimony concerning excessive force.
examined Cited as authority (rule) Kinney v. Weaver (3×) also: Cited "see", Cited "see, e.g."
unknown court · 2002 · confidence medium
Individual Defendants also maintain that Plaintiffs' expert witness testimony jeopardized each of these interests by: undermining the students' and Individual Defendants' ability to trust Plaintiffs as teachers; threatening the confidentiality of information concerning Individual Defendants' policies and procedures; causing controversy between Individual Defendants and Kilgore College; and improperly using their affiliation with the ETPA during such testimony. 147 Tedder v. Norman, 167 F.3d 1213, 1215 (8th Cir.1999), held that the Arkansas Law Enforcement Training Academy's interest outweighed…
examined Cited as authority (rule) Worrell v. Henry (3×) also: Cited "see"
10th Cir. · 2000 · confidence medium
See Waters v. Churchill, 511 U.S. 661, 674-75 , 114 S.Ct. 1878 , 128 L.Ed.2d 686 (1994) (plurality opinion) (“When [an employee] ... begins to do or say things that detract from the agency’s effective operation, the government must have some power to restrain [him].”); Tedder v. Norman, 167 F.3d 1213, 1215 (8th Cir.1999) (concluding that employer’s interest in avoiding disruption in the workplace outweighed employee’s interest in giving voluntary testimony); Green v. Philadelphia Housing Auth., 105 F.3d 882, 887-89 (3d Cir.1997) (same).
cited Cited "see" Kinney v. Weaver
5th Cir. · 2004 · signal: see · confidence high
See id.
discussed Cited "see" Kinney v. Weaver (2×)
5th Cir. · 2002 · signal: see · confidence high
See id.
cited Cited "see" Kinney v. Weaver
E.D. Tex. · 2000 · signal: see · confidence high
See Tedder v. Norman, 167 F.3d 1213 (8th Cir.1999); Hoover v. Morales, 164 F.3d 221 (5th Cir.1998).
cited Cited "see" Brandon D. Smith v. Dan Glickman
8th Cir. · 2000 · signal: see · confidence high
See Tedder v. Norman, 167 F.3d 1213, 1214 (8th Cir. 1999).
Retrieving the full opinion text from the archive…
Dennis TEDDER, Appellant,
v.
Bobby NORMAN, Individually, and Director, Arkansas Law Enforcement Training Academy, Appellees
98-2481.
Court of Appeals for the Eighth Circuit.
Feb 16, 1999.
167 F.3d 1213
John P. Lewis, Hot Springs, Arkansas, argued, for Appellant., Rhonda M. Thornton, Assistant Attorney General, Little Rock, Arkansas, argued, for Appellee.
Loken, Hansen, Arnold.
Cited by 15 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

Dennis Tedder was employed by the Arkansas Law Enforcement Training Academy (ALETA) for approximately twelve years, most of which he spent as its deputy director. During his tenure as deputy director, Mr. Tedder gave voluntary deposition testimony that a Benton County sheriffs deputy had used excessive force in executing an arrest warrant. Sheriff Andy Lee, the deputy’s supervisor, complained to the governor’s office about Mr. Tedder, and that complaint was passed on to Bobby Norman, ALETA’s director. After meeting with Mr. Tedder and reviewing the police reports and documents pertaining to the case, Mr. Norman told Mr. Tedder that he had lost faith in Mr. Tedder’s ability to serve as deputy director, and therefore demoted him to the position of training instructor. Mr. Tedder remained at ALETA as an instructor for six months, after which he resigned.

Mr. Tedder filed suit against Mr. Norman, both individually and in his official capacity (Mr. Norman is no longer the director, so he and the director are now separate defendants), pursuant to 42 U.S.C. § 1983, alleging that his demotion resulted in a violation of his constitutionally protected right to free speech, and seeking monetary damages and injunctive relief in the form of reinstatement as deputy director. The district court granted Mr. Norman’s motion for summary judgment on the grounds that Mr. Tedder’s demotion did not violate his First Amendment rights, and that, in any event, Mr. Norman and the director were entitled to qualified immunity. Mr. Tedder appeals the First Amendment ruling and the ruling that Mr. Norman is entitled to qualified immunity, and we affirm the judgment of the district court. [1]

I.

The district court held that Mr. Tedder’s demotion did not violate the First Amendment. In reviewing this determination de novo, we must balance Mr. Tedder’s right to free speech against the state’s legitimate interest in regulating the speech of its employees. Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968). To do so, we must first determine whether the relevant speech pertained to a matter of public concern. Rankin v. McPherson, 483 U.S. 378, 384, 107 S.Ct. 2891, 97 L.Ed.2d 315 (1987). If it did,[*1215] we must then weigh the employee’s right to express his or her views on such an issue against the state’s interest in regulating that speech in order to maintain efficiency in its operations. Id. at 388, 107 S.Ct. 2891.

Mr. Norman concedes that Mr. Tedder’s deposition testimony pertained to a matter of public concern. We turn, therefore, to the balancing of the interests of ALETA and Mr. Tedder. “The effects on discipline, harmony among co-workers, working relationships requiring loyalty and confidence, the performance of the speaker’s duties, or the regularity of the operation of the enterprise are all relevant considerations” in balancing these interests. Casey v. City of Cabool, 12 F.3d 799, 803 (8th Cir.1993), cert. denied, 513 U.S. 932, 115 S.Ct. 325, 130 L.Ed.2d 285 (1994). “[T]he manner, time, and place of the employee’s expression are [also] relevant.” Rankin v. McPherson, 483 U.S. at 388, 107 S.Ct. 2891. A showing of actual disruption of the workplace or of working relationships is not always necessary to find that the state’s interest outweighs that of the employee. Tindle v. Caudell, 56 F.3d 966, 972-73 (8th Cir.1995).

We believe that Mr. Tedder’s testimony caused actual disruption and potential further disruption to the operation of ALETA by upsetting crucial business relationships within ALETA, and between ALETA and the law enforcement agencies that it is charged with training. First of all, that testimony substantially undermined the relationship between Mr. Norman and Mr. Ted-der. The relationship between the director of a training facility and his or her deputy is one that we believe requires a high level of loyalty and confidence. Not only did the substance of Mr. Tedder’s testimony undermine Mr. Norman’s faith in Mr. Tedder’s ability to supervise lesson plans at ALETA properly, it also undercut Mr. Norman’s ability to maintain discipline and to manage his employees, because it was in violation of what he reasonably believed to be an ALE-TA policy barring testimony with respect to whether an officer acted appropriately.

Mr. Tedder’s testimony also posed a significant threat of disruption to the relationships between ALETA and the law enforcement agencies that it trains. The purpose of ALE-TA is to teach, and this purpose would be threatened if the students lacked faith in those supervising their teachers. If students lost faith in the deputy director, who had the authority to approve or veto lesson plans, this breakdown in confidence could well spread to every class taught at ALETA. One law enforcement agency, the Benton County sheriffs office, had already lost so much confidence in ALETA that the sheriff felt moved to complain to the governor. The scope of such damage to vital relationships had the potential to spread significantly, moreover, because the substance of Mr. Ted-der’s testimony was shared with other law enforcement agencies.

We believe that the interest of ALETA in preventing disruption outweighs Mr. Ted-der’s interest in testifying at the deposition. Testimony concerning possible misconduct of public officials is speech on a matter of public concern that warrants constitutional protection, Brockell v. Norton, 732 F.2d 664, 668 (8th Cir.1984), but, as the district court stated, “it is not the place for an employee of ALETA, let alone its Deputy Director to volunteer to give such testimony without subpoena.”

II.

For the reasons stated, we affirm the judgment of the district court.

1

. The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas.