A Montgomery federal judge dismissed a former Auburn police officer's lawsuit Monday, Aug. 18, against Auburn's city government claiming he was fired for speaking out against what he alleged was a quota system.
Justin Hanners claimed he was fired by the Auburn police department for speaking out against what he called a quota system for issuing citations.
Auburn's defense attorneys claimed Hanners was fired for poor job performance, according to court documents.
U.S. District Judge W. Harold Albritton ruled Hanners had not shown sufficient proof his dismissal from the Auburn police department was in retaliation for speaking out.
"[Hanners] has failed to provide any evidence that his speaking on the alleged quota was a substantial motivating factor in the termination decision," Albritton said.
Public confidence in the Auburn police department remains strong, according to City Manager Charles Duggan.
"False and unsubstantiated charges like these place a difficult burden on both law enforcement and taxpayers, and I'm pleased that the Auburn Police Division can move forward now that these allegations have been dismissed by the legal system," Duggan said.
Hanners filed the lawsuit against the city Aug. 30, 2013 alleging the city had violated his constitutional right to free speech and the Alabama State Employees Protection Act, according to court documents.
In an interview with Reason, a libertarian magazine, Hanners said he first became aware of a quota system of 100 "contacts" a month in 2010. Hanners also released an audio recording he alleged is a police briefing with the voice of Sgt. Trey Neal of the Auburn police department demanding ticket quotas.
"If you didn't get the 100 hundred contacts you could get mandatory overtime, you could get written up," Hanners said in a video on Reason's YouTube channel. "But if you did do well, the officer who wrote the most tickets and the one who came in second were given gift cards for steak dinners."
Auburn announced July 16 the results of an independent investigation by attorney Bob Eddy, a former investigator with the Alabama Attorney General's office, which concluded Hanners' accusations of a quota system were false.
"For Patrol Officers, those expectations do include enforcing traffic laws, which does require making contact with individuals on Auburn streets and sidewalks," said Duggan in the 2013 statement. "Officers make those contacts not in response to quotas, but in response to apparent violations of the law."
Paul Register, Auburn's police chief was pleased with the ruling and hoped Auburn citizens will take pride
"I just hate the some of the officers have had to contend with the negative feelings from the public over this case." Register said, "I'm glad the information is out there so citizens and students can be proud of their police department."
Hanners' attorneys with the Walton Law Firm declined to comment on the dismissal of the lawsuit.
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