Wash. Court of Appeals published opinion — 309941.cor.pdf

Citation: Wash. Court of Appeals published opinion — 309941.cor.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/309941.cor.pdf ↗

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enough to interact safely with the public and fellow officers ...." CP at 440.

Judge Robert Whaley also dismissed Jeff Brownfield's claim alleging retaliation

for engaging in ADA protected activity by asserting his alleged right under the ADA to

not submit to an unlawful fitness for duty examination (FFDE). The judge dismissed this

claim because, as a matter of law, the order to finish the exam with Dr. Ekemo was

lawfuL

Judge Robert Whaley addressed the merits of Jeff Brownfield' s United States

Constitution First Amendment cause of action. To maintain this claim, Brownfield

needed to demonstrate, among other factors, that the city of Yakima fired him for

commenting on a matter of public interest (quoting Eng v. Cooley, 552 F.3d 1062 1070

(9th Cir. 2009). Judge Whaley dismissed this cause of action because Brownfield's

complaints of unfair workload, favoritism, and his partner's sloppiness "are the stuff of a

personal dispute, not of vital interest to citizens." CP at 442.

Assuming that Jeff Brownfield could establish that he commented on a matter of

public concern, Judge Whaley ruled that the first amendment cause of action still failed

on the merits because he could not establish causation. "[City of Yakima] had two

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No. 30994-1-111
Brownfield v. City ofYakima

legitimate reasons for termination: unfitness for duty and insubordination." CP at 444.

Judge Whaley ruled:

[N]o reasonable jury could find that an adverse employment action resulted from

anything other than Plaintiffs unfitness for duty and his insubordination.

CP at 442.

Judge Whaley dismissed Jeff Brownfield's HIPAA claim because Brownfield