A three-judge panel of the Third Circuit Court of Appeals must decide whether anti-union claims filed by Philadelphia detective Kenneth Rossiter should be considered by a federal jury.
Rossiter, who’s investigated several LGBT-related homicides in Philadelphia, says he was fired in 2011 due to anti-union bias. He’s seeking an unspecified amount in damages from the city.
Rossiter is a longtime member of the Fraternal Order of Police, Lodge 5. He claims that former Police Commissioner Charles H. Ramsey fired him because union leaders opposed Ramsey’s imposition of a new disciplinary code.
City officials say Rossiter was fired because of overtime abuses.
An independent arbitrator eventually reinstated Rossiter, with full back pay and benefits. Yet Rossiter contends his firing was unconstitutional and that it sullied his reputation.
In December, U.S. District Judge Gerald A. McHugh denied the city’s request to dismiss Rossiter’s suit. But the city filed an interim appeal with the Third Circuit, and a three-judge panel considered the appeal last week.
The judges who heard oral arguments are Thomas L. Ambro, D. Brooks Smith and D. Michael Fisher. They appeared sympathetic to Rossiter’s position, as presented by his attorney, David. A. Yanoff.
Yanoff argued that federal law prevented Ramsey from retaliating against Rossiter simply because he’s a union member. Yanoff said Ramsey knew he couldn’t fire union leaders who actively opposed Ramsey’s disciplinary code, so Ramsey targeted Rossiter.
“[Rossiter] was sacrificed due to the unlawful imposition of a new disciplinary code [that union leaders opposed],” Yanoff told the panel.
However, city attorney Elise M. Bruhl said Rossiter’s constitutional rights weren’t violated, even if Yanoff’s version of events were true.
“No clearly established constitutional right [of Rossiter] was violated,” Bruhl told the judges.
Bruhl said Rossiter’s case involves state labor-relations laws and shouldn’t be in federal court. She said the police department couldn’t operate effectively if every labor dispute involving FOP members ended in federal court.
The panel said it will take the matter under advisement. A decision is expected within the new few months.
In 2007, Rossiter helped secure a first-degree murder conviction for Barry Mason, who shot to death Jamil Burton, an openly gay youth, after an alleged robbery in Center City. Mason died in prison in April 2015.