Officer Wins on Free-Speech Issue : Police: The officer said in a lawsuit that his rights were violated when he was admonished for speaking to a reporter.

A police officer who granted an interview to a television reporter and was later admonished for it was within his constitutional right of free speech, a federal judge ruled this week.

Cpl. Dan Mallonee had a right to speak to the reporter last year, when he publicly backed Police Officers Assn. President Mike Tracy during a union-management contract battle, U.S. District Judge Consuelo Marshall ruled Monday.

A judge or a jury will be asked to determine damages, if any, later this year.

Mallonee sued Police Chief Lawrence Binkley and the city for violating his First Amendment rights because, after his interview with the reporter, he was advised by a supervisor to beware of speaking to reporters off the record. A memo from his supervisor noting the advice was then placed in Mallonee’s personnel file.

“All he did was talk about union business, which he has a right to do,” said his attorney, Larry Roberts.

Deputy City Atty. Tom Reeves said he has no problem with Mallonee’s contention that his remarks were covered by the First Amendment. In fact, Reeves did not dispute it during the court hearing. But the two sides disagree on whether the memo in Mallonee’s file constitutes a reprimand and has damaged him professionally. That dispute is expected to be settled in the next phase of the trial.

“They’re saying it was just friendly advice,” Roberts said. “But it was a very subtle form of retaliation.”

Reeves said the letter is intended to document that the conversation had taken place.

“I don’t see how it could hurt him,” said Reeves, who called the lawsuit “frivolous.”

Mallonee’s case is one of six such lawsuits against Binkley. Last month, another federal judge ruled that the chief violated Officer Greg Robert’s right of freedom of speech when he reprimanded the officer for writing a critical letter to a newspaper. Reeves said the city is appealing that decision.

The latest lawsuit was filed last week by Sgt. David Bishop and his wife, Becky. The Bishops contend that Binkley and other police administrators violated their free-speech rights numerous times by placing pressure on the sergeant because of his wife’s political involvement.

Earlier this year, for example, Binkley removed Becky Bishop from a voluntary job as a Neighborhood Watch block captain because of her involvement in City Council campaigns that featured union-backed candidates. After she appealed to the council and the issue surfaced publicly, Binkley reinstated her in Neighborhood Watch.

David Bishop was told by Assistant Chief Eugene Brizzolara, also named in the lawsuit, that Becky Bishop is a “loose cannon” and to “get control of his wife,” according to the lawsuit filed May 30 in federal court.

Binkley could not be reached for comment. Reeves said he could not comment because he had not yet seen the lawsuit.

Binkley reprimanded or investigated at least eight officers last year for public comments that placed either him or the department in a negative light. At the time, he explained that officers should express their complaints or concerns to their supervisors and not air their grievances in public. Since then, he has declined to discuss the issue, explaining that lawsuits are pending.