HARNISHFEGER v. UNITED STATES OF AMERICA et al
| AMY HARNISHFEGER |
| NOELLE BUTLER, COL. LISA KOPCZYNSKI, EMILY KUBISZEWSKI, LOUIS LOPEZ and UNITED STATES OF AMERICA |
| 1:2016cv03035 |
| November 6, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
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Filing
107
ENTRY ON CROSS MOTIONS FOR SUMMARY JUDGMENT - This matter is before the Court on cross motions for summary judgment filed by Plaintiff Amy Harnishfeger (Filing No. 97 ) and Defendant Lieutenant Colonel Lisa Kopczynski (in both her official capacit y as Family Programs Director of the Indiana National Guard and her personal capacity) (Filing No. 99 ). Harnishfeger initiated this action alleging violations of her First Amendment rights and entitlement to special damages for lost wages following her removal from her National Guard placement for speech on a matter of public concern. Kopczynski cross-motioned asserting that she is entitled to qualified immunity. The Court GRANTS in part and DENIES in part Harnishfeger's Motion for Partia l Summary Judgment, (Filing No. 97 ). Partial summary judgment is GRANTED on the issue of liability but DENIED on the issue of compensatory damages. Harnishfeger's claims for compensatory damages and damages for emotional and related harm must be resolved by settlement or at trial. The Court DENIES Kopczynski's Motion for Summary Judgment (Filing No. 99 ) on the issue of liability and determines that Kopczynski violated Harnishfeger's First Amendment rights and Kopczynski is not entitled to qualified immunity. The parties are directed to contact the Magistrate Judge to schedule a settlement conference, and if settlement fails, parties shall determine case management deadlines so that a trial date can be scheduled. (See Order). Signed by Judge Tanya Walton Pratt on 3/29/2022. (AKH)
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Filing
44
ENTRY ON PENDING MOTIONS - This matter is before the Court on a Motion to Dismiss filed by Defendants, Louis Lopez ("Lopez"), Emily Kubiszewski ("Kubiszewski") and Col. Lisa Kopczynski ("Kopczynski") (collectively, the "Individual Defendants") (Filing No. 20 ); and a Motion to Dismiss, or in the Alternative, for Summary Judgment filed by Defendant United States of America (the "Government") (collectively with the Individual Defendants, the "Defendants"), (Filing No. 22 ). Also pending is a Motion for Partial Summary Judgment filed by Plaintiff Amy Harnishfeger ("Harnishfeger") (Filing No. 27 ). On November 6, 2016, Harnishfeger filed a Complaint for Declaratory and Injunctive Relief and Damages. She alleges violation of her First Amendment rights after she was terminated as a result of her publication of a book describing disturbing conversations that she had with men while she was employed a phone-sex operator. In their Motions, the Defendants assert that they cannot be liable for violating Harnishfeger's First Amendment rights because Harnishfeger did not speak on a matter of public concern and because her interests in speaking as a publi c employee did not outweigh the Defendants' interests in promoting the efficient provision of government services ( Filing No. 21 at 17-21; Filing No. 23 at 23-36; Filing No. 32 at 31-50). Additionally, the Defendants assert that even i f Harnishfeger could demonstrate that they violated her First Amendment rights, she had no cause of action through which she could hold any of the Individual Defendants or the Government liable (Filing No. 21 at 7-26; Filing No. 23 at 12-17). In contrast, Harnishfeger contends that she is entitled to summary judgment--on all issues other than damages--because her speech was not related to her public role, was on a matter of public concern, and did not negatively affect the efficiency o f governmental operations enough to justify suppression (Filing No. 28 at 24-60). The Court GRANTS the Defendants' Motions for Summary Judgment (Filing No. 20 ; Filing No. 22 ) and DENIES Harnishfeger's Motion for Partial Summary Judgment (Filing No. 27 ). Judgment will be entered accordingly. (See Entry.) Signed by Judge Tanya Walton Pratt on 3/29/2018. (RSF)
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