Michael Keefe sued the City of Minneapolis (“City”) and Tim Dolan, the former Chief of Police for the Minneapolis Police Department, for various federal and state claims. The district court 2 granted the defendants’ summary judgment motion as to Keefe’s federal claims and declined to exercise jurisdiction over the remaining state claims. Keefe appeals this ruling, and we affirm.
I.
In March 2007, Keefe, a lieutenant of the Minneapolis Police Department (“MPD”), was assigned to be the commander of the Violent Offenders Task Force (“task force”). The task force was a collaboration between multiple agencies, including the MPD, the Federal Bureau of Investigation (“FBI”), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and the U.S. Attorney’s Office. MPD leadership removed Keefe from the task force in August 2007, and Chief Dolan demoted Keefe to the rank of sergeant in September 2009.
During Keefe’s time as commander, the task force conducted a wiretap investigation of a gang. Keefe learned that some gang members had threatened to kill po
Later, as part of an unrelated investigation, the FBI and the MPD arrested a suspected gang leader. During, an interview, the suspect named six MPD officers who he claimed were corrupt. Four of these officers were African American and two were Caucasian. The suspect’s claims triggered a corruption investigation into the six named officers in which the suspect served as an informant. Keefe, who is Caucasian, doubted some of the informant’s claims and confronted the informant about his allegations during a second interview. Keefe claims that this second interview exposed inconsistencies in the informant’s story, but an FBI agent thought Keefe’s questioning was harming the investigation and ended the interview. Keefe then held a meeting with other task-force members and explained his belief that the informant was lying! Keefe also shared his concerns with his captain. After these events, FBI officials met with Chief Dolan and told him that Keefe was harming the investigation. Chief Dolan removed Keefe from the investigation.
Sergeant Patrick King, an MPD officer who was part of the corruption investigation, grew concerned that Keefe was harming the MPD’s relationship with its federal task-force partners. Sergeant King reported his concern to MPD leadership. Around the same time, ATF officials shared their concerns about Keefe’s conduct with .the MPD. MPD leadership decided to remove Keefe from the task force. Shortly after being reassigned, Keefe lodged a misconduct complaint' against Sergeant King, alleging that he used racial slurs, abused overtime procedures, and improperly permitted unauthorized officials to be on a task-force email listserv. Internal Affairs (“IA”) investigated the complaint and, after interviewing various task-force members, determined that Keefe’s complaint was unfounded.
After filing this complaint against Sergeant King, Keefe made an anonymous telephone call to Chief Dolan’s wife. Keefe told her that Chief Dolan needed to know that the FBI was corrupt and that “they’re blackmailing the lieutenant.” During an interview as part of an IA investigation, Keefe admitted that he placed this telephone call and that he had not carried his gun or badge for several months while serving as a police officer because he was afraid of being framed or shot by federal agents. As Keefe explained, “I quit carrying a badge and gun because of these dirty bastards, fearful that they’d shoot me.” On February 27, 2008, Keefe was placed on administrative leave with pay pending the outcome of this investigation. As part of the investigation, Keefe submitted to a psychological fitness-for-duty exam, and a psychologist cleared him to return to work without restriction. The IA investigation found that Keefe had violated MPD policy by anonymously calling Chief Dolan’s wife and failing to carry his gun and badge. As a result, Keefe received an eight-hour suspension without pay.
Keefe received disciplinary hearings for cases 08-010 and 09-086 where he was represented by his union. At the hearing for case 08-010, Keefe gave a lengthy statement of about forty minutes, insisting that other officers were going to be indicted. Keefe’s statements and behavior during the hearing made the disciplinary panel members concerned. After this hearing, Keefe was relieved from duty with pay and subjected to a second fitness-for-duty examination. A psychologist found Keefe conditionally fit for duty but noted in his report that “[i]f Lieutenant Keefe is unable to immediately let go of his obsession(s) that indictments are pending ... it would demonstrate to the MPD that his behavioral issues cannot be resolved and subsequently could render an opinion that he is unfit for duty.” The MPD sustained several allegations against Keefe in case 08-010 and sustained three allegations from case 09-086. Specifically, in case 08-010, a disciplinary panel found Keefe responsible for levying untruthful allegations against other MPD officers, using racist language, being banned from the FBI’s and the ATF’s offices, and having inappropriate relationships with the media. In case 09-086, a disciplinary panel found that Keefe had violated the MPD’s code of conduct as to truthfulness, ethics, and discretion. Chief Dolan demoted Keefe to the rank of sergeant on September 27, 2009.
Meanwhile, the corruption investigation of MPD officers led to the arrest and indictment of Michael Roberts, then an MPD officer. Keefe received a subpoena to testify at Roberts’s criminal trial but never testified because Roberts pleaded guilty. Around the time of Roberts’s scheduled trial, the StarTribune, a newspaper, published an article titled “Did Minneapolis police officer spin lies?” The article reported that Keefe was suspended for “allegedly spreading rumors that officers and FBI agents lied about their handling of a long-term police corruption investigation and were going to be indicted.”
Keefe filed an action in Minnesota state court, bringing both federal and state claims against the City and Chief Dolan. The defendants removed the case to federal court. Keefe’s federal claims were (1) a 42 U.S.C. § 1983 substantive due process claim, (2) a 42 U.S.C. § 1986 claim for failure to prevent a conspiracy to interfere with civil rights,' (3) a 42 U.S.C. § 1981 retaliation claim, and (4) a
Monell
claim against the city,
see Monell v. Dep’t of Soc. Servs.,
We review a grant of summary judgment
de novo, Jackson v. Buckman,
A. Section 1983 — Substantive Due Process
To recover under § 1983 for a substantive due process violation, Keefe must show, among other things, that the offender violated a fundamental right in a way that “shocks the conscience.”
See Folkerts v. City of Waverly, Iowa,
In support of his argument that the defendants engineered sham investigations that violated his substantive due process rights, Keefe cites
Moran v. Clarke,
But here, none of what Keefe experienced was so severe as to shock the conscience. Keefe claims that he unjustly suffered multiple adverse employment actions including a suspension, removal from the task force, placement on administrative leave, and demotion. None of these adverse employment actions were so severe as to shock the conscience in the way that-pursuing a criminal conviction of an innocent man does.
See id.
at 639-47. This is particularly true because Keefe admitted to some of the misconduct that supported the resulting adverse employment actions. Indeed, Keefe admitted to placing an anonymous phone call to Chief Dolan’s wife and to failing to carry his firearm and badge for several months. These violations resulted in his eight-hour suspension without pay. In addition, the FBI and the ATF banned Keefe from their office spaces. These bans were relied upon as part of the basis for Keefe’s demotion. Moreover, Keefe was demoted only after receiving two disciplinary hearings. At its core then, Keefe’s argument is that the MPD improperly steered the IA investigations in a way that contributed to some of the MPD’s adverse employment actions and that his “opportunity for a name-clearing response” at his two disciplinary hearings was somehow insufficient.
See Roth,
Keefe next alleges that Chief Dolan’s defamatory statements violated a fundamental constitutional right. Keefe points to Chief Dolan’s alleged statement that “Keefe had leaked a classified investigation to black officers” and Chief Dolan’s action of “intentionally instigating] stories that damaged Keefe in the
StarTribune.”
Keefe argues this conduct violated his fundamental constitutional rights because it impacted his employment interests. In support of his argument, Keefe cites several of our cases where a plaintiff sued his government employer for making stigmatizing statements during the course of termination.'
See Mascho v. Gee,
B. Section 1986 — Failure to Prevent a Conspiracy to Interfere with Civil Rights
In order to bring a § 1986 claim for failure to prevent a conspiracy to interfere with civil rights, a plaintiff must show
Assuming without deciding that Keefe has made a sufficient showing as to the other elements of a § 1985(3) claim, we hold that Keefe fails to raise a genuine dispute of material fact as to whether a conspiracy existed that was motivated by a class-based, invidiously discriminatory animus. Although it is not entirely clear, we surmise that Keefe’s argument is that a § 1985 conspiracy existed among several MPD officers to influence the corruption investigation in a way that was motivated by racial animus against the four African-American officers who had been identified by the informant as corrupt. Keefe suggests that the conspirators harbored “racial animus towards Black officers” and accordingly took steps to discredit him and remove him from the task force.
Keefe fails to direct us to anything in the record showing that a conspiracy existed that was fueled by some class-based, invidiously discriminatory animus. Keefe n'otes that four of the six officers that the informant claimed were corrupt were Afincan American. But the mere fact that four of the six officers investigated were African American does not raise a genuine issue of material fact that the investigation was motivated by a racially discriminatory animus. Keefe also points to several instances where Sergeant King allegedly made racist statements. Both Keefe and another MPD officer claimed to have heard Sergeant King use racial slurs. But none of the instances when Sergeant King allegedly used racial slurs appear to be related to the corruption investigation. In fact, Keefe’s IA complaint against Sergeant King, which originated through a memorandum he sent to Chief Dolan, alleged that Sergeant King had used racial slurs multiple times, but Keefe’s memorandum did not include any allegations that the corruption investigation was motivated by racial animus. Keefe does not refer us to anything in the record that raises a genuine dispute of material fact that Sergeant King formed an agreement with other members of the task force to influence the investigation in a way that was motivated by racial animus. Accordingly, Keefe’s § 1986 claim fails.
C. Section 1981 — Retaliation
Section 1981 provides that, “[a]ll persons ... shall have the same right in every State and Territory to make and enforce contracts ... as is enjoyed by white citizens.” 42 U.S.C. § 1981. A non-minority plaintiff, such as Keefe, can bring a § 1981 claim “if he is discriminated or retaliated against for attempting to ‘vindicate the rights of minorities protected by5 § 1981.”
See Gacek v. Owens & Minor Distrib., Inc.,
We analyze § 1981 claims under the same framework as Title VII claims.
Gacek,
Keefe claims that he suffered five adverse employment actions in retaliation for his attempt to vindicate the § 1981 rights of the four African-American officers under investigation. The defendants have proffered legitimate, nondiscriminatory reasons for each of these employment decisions. First, Keefe claims that his removal from the task force was retaliatory. The defendants assert that Keefe was removed because he had damaged his relationship with the FBI and the ATF, which made it impractical for him to serve as the commander of a multi-agency task force. There is no dispute that Keefe was removed from the task force only after officials from both the FBI and the ATF expressed their dissatisfaction with Keefe’s behavior. Moreover, Keefe was banned from the ATF’s office space. Keefe argues that “[e]ach adverse action was deliberately aimed at dissuading and discouraging Keefe’s further reports and punishing him for his previous protected conduct.” But Keefe fails to cite any specific facts showing there is a genuine dispute that the defendants’ articulated reason for removing him from the task force — that he had damaged his relationship with the FBI and the ATF — was merely pretextual.
See Walz,
Second, Keefe argues that he suffered retaliation when he was placed on administrative leave in 2008 pending the outcome of an IA investigation. In response, the defendants assert that Keefe was placed on administrative leave after Keefe admitted that he had anonymously called Chief Dolan’s wife and had not carried his gun or badge for months. Third, Keefe argues that his later eight-hour suspension in 2008 was retaliatory. The defendants again respond that Keefe was
Fourth, Keefe similarly argues that his placement on administrative leave in 2009 pending the outcome of the other two IA cases was retaliatory. Chief Dolan claims that he decided to place Keefe on leave because he considered Keefe to be potentially dangerous. According.to Chief Dolan, his belief was based on Keefe’s behavior as well as the fact that the FBI had issued a notice urging its officials to “PROCEED WITH CAUTION” if Keefe was encountered and to alert security if Keefe attempted to enter the FBI building. Keefe responds that this reason is pretextual because the “MPD, not the FBI, was responsible for the specious FBI alert on Keefe.” But the record contradicts this claim. As shown by the record, an MPD official delivered a memorandum to a Deputy Chief that included a copy of the FBI’s notice and explained that the notice was “hand delivered” by an FBI agent. An electronic copy of the FBI’s notice was forwarded by email to another Deputy Chief, who forwarded the email to Chief Dolan. Accordingly, Keefe again fails to raise a genuine dispute of material fact to discredit the legitimate, nondiseriminatory reason that Chief Dolan gave for his decision to place Keefe on administrative leave in 2009. See id.
Finally, Keefe asserts that his demotion was retaliatory. Chief Dolan decided to demote Keefe after a disciplinary panel found Keefe responsible for multiple violations of MPD policy. In case 08-010, Keefe was found responsible for being untruthful in levying allegations against other MPD officers, using racist language, being banned from the FBI’s and the ATF’s offices, and having inappropriate relationships with the media. -And in case 09-086, Keefe was found to have violated the MPD’s code of conduct as to truthfulness, ethics, and discretion. According to the defendants, the panels’ findings provided Chief Dolan with a legitimate, nondiscriminatory reason to demote Keefe.
Keefe argues that his demotion was a pretext for retaliation because Chief Dolan was unfamiliar with the facts surrounding Keefe’s alleged improper disclosure of a wiretap. Keefe further argues that the IA investigations were flawed, and he also challenges a disciplinary panel’s finding that he was untruthful when he made statements that certain MPD officers were going to be indicted. Keefe’s arguments do not undermine Chief Dolan’s reliance on the disciplinary panel’s findings. First, Chief Dolan was not a member of the disciplinary panels that reviewed the evidence and determined that Keefe had violated MPD policy. Accordingly, it is not surprising that Chief Dolan was not familiar with the nuances of Keefe’s violations. Next, Keefe’s argument that the IA investigations were flawed does not show pretext. Keefe received two disciplinary hearings where he was represented by his union. And even if the panel erred in reaching some of its conclusions, Keefe has failed to present evidence creating a genuine dispute of material fact that the MPD acted to retaliate. Chief Dolan decided to demote Keefe only after lengthy IA investigations, two hearings in front of disciplinary panels where Keefe was represented by his union, and the panels’ decisions that Keefe had violated MPD policy numerous times. The record shows that Keefe was
D. Monell Municipal Liability
Finally, Keefe argues that the City adopted “a policy of using it[s] internal affairs division not to discipline officers, but to sanction and punish them for reports of law violations.”
See generally Monell,
III.
We affirm the district court’s grant of summary judgment.
Notes
. The Honorable David S. Doty, United States District Judge for the District of Minnesota.
