Byars v. School District

942 F. Supp. 2d 552, 2013 WL 1827373, 2013 U.S. Dist. LEXIS 61855
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 30, 2013
DocketCivil Action No. 12-121
StatusPublished
Cited by29 cases

This text of 942 F. Supp. 2d 552 (Byars v. School District) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Byars v. School District, 942 F. Supp. 2d 552, 2013 WL 1827373, 2013 U.S. Dist. LEXIS 61855 (E.D. Pa. 2013).

Opinion

MEMORANDUM OPINION

GOLDBERG, District Judge.

Plaintiff, John Byars, has brought suit against Defendants, the School District of Philadelphia (“School District”), the School Reform Commission (“SRC”) and numerous School District employees,1 alleging various causes of action arising from events and ensuing publicity surrounding the School District’s award of a $7.5 million contract for the installation of security cameras. Plaintiffs seventeen-count complaint asserts: defamation (Counts. I, III, V, VII, IX); invasion of privacy/false light (Counts II, IV, VI, VIII, X), intentional infliction of emotional distress (Count XI); [559]*559intentional interference with contractual relations (Count XII); retaliation in violation of the First Amendment, brought pursuant to 42 U.S.C. § 1983 (Count XIII); denial of due process rights under the Fifth and Fourteenth Amendments, brought pursuant to § 1983 (Counts XIV, XV); civil conspiracy (Count XVI); and aiding and abetting (Count XVII).

Presently before the Court is Defendants’ Motion to Dismiss. For reasons detailed below, Defendants’ motion will be granted in part and denied in part.

1. FACTUAL AND PROCEDURAL BACKGROUND

Based upon the averments in the complaint, the pertinent facts, viewed in the light most favorable to Plaintiff, are as follows:

Plaintiff John Byars was the Executive Director of Procurement Services for Defendant, the School District of Philadelphia. His responsibilities included, among other things, administration of the School District’s solicitation process for the acquisition of goods and professional services. (Compl. ¶¶ 13-14.)

On September 23, 2010, Defendant Arlene Ackerman, then-School District Superintendent,2 directed Plaintiff to revoke a $7.5 million project for security camera installation preliminarily awarded to Security and Data Technologies and ordered that the award be given to IBS Communications (“IBS”). In accordance with Ackerman’s instruction, Plaintiff prepared a resolution awarding the project to IBS for presentation to the School Reform Commission. The resolution was approved by the SRC on October 20, 2010. (Compl. ¶¶ 17-19, 23-24.)

On or about November 15, 2010, the Philadelphia Inquirer (“Inquirer”) began an investigation into the award of the camera surveillance project to IBS. That same day, Ackerman and her staff held a meeting to discuss the investigation. Participants in this meeting included: then-Deputy Superintendent Leroy Nunery, II, Chief Communications Officer Jamilah Fraser and Deputy Chief Communications Officer Shana Kemp. Plaintiff alleges that, at this meeting, the participants devised a scheme to make him the “scapegoat for any improprieties associated with the IBS contract.” Plaintiff asserts that this scheme emanated from the participants’ concern that he may have cooperated with, or would in the future cooperate with, the Inquirer investigation. (Compl. ¶¶ 28, 30-31.)

On the following day, Nunery met with Plaintiff to criticize his work performance and inform Plaintiff that he would be suspended without pay for three days during the upcoming Thanksgiving and Christmas holidays. A letter documenting the suspension was entered in Plaintiffs personnel file on November 22, 2010. However, despite Nunery’s statement, no suspension was implemented in November or December 2010. Plaintiff claims that this was his first poor performance review in his eight years of employment with the School District. (Compl. ¶¶ 33-34, 36.)

On November 28, 2010, the Inquirer published an article entitled “Ackerman Steered Work, Sources Say,” which was critical of the contract awarded to IBS. The article quoted Kemp as stating that Ackerman had nothing to do with the decision, but rather the “procurement officer approved it.” The School District issued a press release the next day, wherein Nunery defended the IBS contract. However, [560]*560Plaintiff claims that Nunery “did nothing to dispel the previously-published false statements that [Plaintiff] was responsible for selecting IBS.” (Compl. ¶¶ 37-41, 43, 45-46, Ex. B, at 1, Ex. C.)

On December 2, 2010, the Inquirer published an article entitled “Ackerman Acknowledges Directing Surveillance Work to Minority Firm IBS.” This article stated that Ackerman “acknowledged that she personally directed her staff’ to ensure that IBS got a share of the surveillance camera contract. Further, the article quoted Nunery as stating that he “made the decision” to award the contract to IBS. When asked whether the decision was made by the chief procurement officer, Nunery replied, “No.” The article mentioned that Kemp had formerly stated that Plaintiff approved the decision. (Compl. ¶¶ 47-48, Ex. D.)

On or about December 13, 2010, Plaintiff was informed that he would be suspended with pay so that an investigation into the IBS contract and subsequent disclosure of confidential information could be undertaken. Plaintiff was subsequently escorted out of the School District building in the presence of others. On January 7, 2011, the Inquirer published an article entitled “Memo Warns Philly School District Staff of Penalties for Leaks.” The article named Plaintiff as one of six employees suspended during the investigation. On January 25, 2011, the Inquirer published a subsequent article entitled “Four Suspended Philadelphia School District Administrators are Back on the Job.” The article reported that Plaintiff was one of two employees still under suspension. (Compl. ¶¶ 50-52, 55, 57, Ex. F.)

On January 30, 2011, the Inquirer ran an article entitled “Accused of Rigging, District to Redo Bids.” This article stated that Plaintiff was accused of interfering with the competitive bidding process by seeking to steer a previously awarded contract from the Elliotfc-Lewis Corporation to the minority owned U.S. Facilities, Inc. The article used several quotes from a School District source supporting the accusation. Plaintiff disputes the facts reported in the article and alleges that the School District source knew of the falsity of these facts. (Compl. ¶¶ 59-61, 63, Ex. G.)

While on suspension, Plaintiff was contacted by the FBI as part of a government investigation into the IBS contract. Plaintiff subsequently advised Defendant Estelle Matthews, Chief Talent and Development Officer for the School District, and the District’s general counsel, Michael Davis, of the FBI’s request to conduct an interview. Sometime in January 2011, the special counsel hired by the School District to conduct an internal investigation requested that Plaintiff meet with him prior to his FBI interview. During the course of these discussions, which included Davis, Plaintiff asked that the School District provide him with private representation during his meeting with the FBI. This request was denied. (Compl. ¶¶ 64-67.)

On February 11, 2011, Plaintiff was interviewed by the FBI. On or about February 15, 2011, Plaintiff informed Davis of his meeting with the FBI. Two days later, Plaintiff received notice of a human resources conference to discuss his “improper work performance.” On February 24, 2011, Plaintiff was again interviewed by the FBI. The next day, Plaintiff was informed that the three-day suspension ordered on November 22, 2010 would now be imposed in March and April 2011. (Compl. ¶¶ 68-72.)

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942 F. Supp. 2d 552, 2013 WL 1827373, 2013 U.S. Dist. LEXIS 61855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byars-v-school-district-paed-2013.