Aspinall v. Thomas

118 F. Supp. 3d 664, 2015 WL 9900468
CourtDistrict Court, M.D. Pennsylvania
DecidedJanuary 12, 2015
DocketCIVIL ACTION NO. 3:15-699
StatusPublished
Cited by1 cases

This text of 118 F. Supp. 3d 664 (Aspinall v. Thomas) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aspinall v. Thomas, 118 F. Supp. 3d 664, 2015 WL 9900468 (M.D. Pa. 2015).

Opinion

[669]*669MEMORANDUM

MALACHY E: MANNION, United States District Judge

Pending before the court is a motion to dismiss the plaintiffs Complaint, (Doe. 1), filed on behalf of defendants Ronald Thomas, Jason Thomas, John Masco, and Kevin M. Bishop, for failure to state a claim upon which relief may be granted. (Doc. 10). For the reasons that follow, the motion to dismiss will be DENIED.

I. RELEVANT BACKGROUND

The plaintiff, Michael E. Aspinall, served as a correctional officer from 1997 to 2007 and then a sergeant until August 2013,1 for the Wayne County Correctional Facility in Honesdale, Pennsylvania. (Doc. 1, ¶¶ 1, 9, 50). The current action concerns the alleged mistreatment and hostile work environment the plaintiff suffered as a result of defendants Ronald Thomas and Jason Thomas’ behavior. Both Ronald and Jason Thomas (the “Thomases”) were officers at the Correctional Facility. Jason Thomas is the son of Ronald Thomas. Id. ¶ 3. The Thomases allegedly always disliked and harassed the plaintiff. However, after the plaintiff was reinstated in October 2012, the Thomases continued to dislike and harass the plaintiff, so much’ that the plaintiff complaiñéd to defendant John Masco, the' Deputy Warden of the Correctional Facility. Id. ¶ 26. Though the plaintiff was then transferred to a shift “separate and apart from either of the Thomases,” the Thomases continued to have contact with and harass the plaintiff. Id. ¶¶ 29-30. The harassment included “belittling Plaintiff in front of staff,” telling new officers about the plaintiffs past-criminal trial, and shouting insults and threats at the plaintiff. ■ Id. ¶¶ 30-31.

The plaintiff again complained about the harassment, this time to both defendant John Masco, the Deputy Warden, and defendant Kevin Bishop, the Warden. (Doc. 1, ¶ 32). The Thomases then escalated their harassment against the plaintiff. Id. ¶ 33. One specific incident of the escalated harassment occurred when Ronald Thomas followed the plaintiff into his office and then yelled threats at him. Ronald Thomas refused to leave the office, and ultimately the plaintiff was forced to leave his own office. Id. ¶ 34. The plaintiff then wrote “a memo detailing the incident to both Mr. Masco and Mr. Bishop,” but “no action was taken.” Id. ¶35. Instead, Jason Thomas became aware of the memo and entered the plaintiffs office to verbally harass and threaten him. Id. ¶ 36. Other incidents of harassment occurred, but the plaintiff “continued to fight back, speak out and challenge the abuses ... to both Mr. Mas-co and Mr. Bishop.” Id. ¶ 38. During this time, the Thomases’ as well as defendant Bishop’s conduct undermined the plaintiffs authority, decision-making, and experience as a correctional officer. (Doc. 1, ¶ 39). Specifically, the Thomases told other correctional officers working during the plaintiffs shift to “ignore him and instead listen to them and do things their way,” affecting the plaintiffs ability to delegate tasks and exercise his authority. Id. ¶¶ 40-41. The plaintiff submitted over a dozen verbal and written complaints to defendants- Masco and Bishop, and the two took no action in response. Id. ¶¶ 46-47. Ultimately, the plaintiff was allegedly “forced to involun[670]*670tarily resign in or around August, 2013,” as a result of the harassment and hostile work environment. Id. ¶ 50.

The plaintiff filed a Complaint in this court on April 9, 2015 alleging a violation of his First Amendment rights under 42 U.S.C. § 1983 as a result of the defendants’ retaliatory conduct. (Doc. 1). In Count I of the Complaint, the plaintiff claims that the Thomases’ harassment constitutes retaliation in violation of the plaintiffs First Amendment right to free speech. Count II includes allegations against defendants Masco and Bishop under a theory of supervisory liability for their knowledge and acquiescence of the Thomases’ alleged First Amendment retaliation. On May 1, 2015, the defendants filed a motion to dismiss for failure to state a claim upon which relief may be granted. (Doe. 10). The plaintiff filed an opposition to the motion on May 28, 2015. (Doc. 13). The motion is now ripe for the court’s review.

II. STANDARD OF REVIEW

The defendants’ motion to dismiss is brought pursuant to the provisions of Fed.R.Civ.P. 12(b)(6). This rule provides for the dismissal of a complaint, in whole or in part, if the plaintiff fails to state a claim upon which relief can be granted. The moving party bears the burden of showing that no claim has been stated, Hedges v. United States, 404 F.3d 744, 750 (3d Cir.2005), and dismissal is appropriate only if, accepting all of the facts alleged in the complaint as true, the plaintiff has failed to plead “enough facts to state a claim to relief that is plausible on its face,” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007) (abrogating “no set of facts” language found in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). The facts alleged must be sufficient to “raise a right to relief above the speculative level.” Twombly, 550 U.S. 544, 127 S.Ct. at 1965, 167 L.Ed.2d 929. This requirement “calls for enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of’ necessary elements of the plaintiffs cause of action. Id. Furthermore, in order to satisfy federal pleading requirements, the plaintiff must “provide the grounds of his entitlement to relief,” which “requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Phillips v. County of Allegheny, 515 F.3d 224, 231 (3d Cir.2008) (brackets and quotations marks omitted) (quoting Twombly, 550 U.S. 544, 127 S.Ct. at 1964-65, 167 L.Ed.2d 929).

In considering a motion to dismiss, the court generally relies on the complaint, attached exhibits, and matters of public record. See Sands v. McCormick, 502 F.3d 263 (3d Cir.2007). The court may also consider “undisputedly authentic documents] that a defendant attaches as an exhibit to a motion to dismiss if the plaintiffs claims are based on the [attached] documents.” Pension Benefit Guar. Corp. v. White Consol. Indus., 998 F.2d 1192, 1196 (3d Cir.1993). Moreover, “documents whose contents are alleged in the complaint and whose authenticity no party questions, but which are not physically attached to the pleading, may be considered.” Pryor v. Nat’l Collegiate Athletic Ass’n, 288 F.3d 548, 560 (3d Cir.2002). However, the court may not rely on other parts of the record in determining a motion to dismiss. See Jordan v. Fox, Rothschild, O’Brien & Frankel, 20 F.3d 1250, 1261 (3d Cir.1994).

Generally, the court should grant leave to amend a complaint before dismissing it as merely deficient. See, e.g., Fletcher-Harlee Corp. v.

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118 F. Supp. 3d 664, 2015 WL 9900468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aspinall-v-thomas-pamd-2015.