Contini v. Cranmer

117 F. App'x 186
CourtCourt of Appeals for the Third Circuit
DecidedDecember 2, 2004
DocketNo. 03-4736
StatusPublished

This text of 117 F. App'x 186 (Contini v. Cranmer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Contini v. Cranmer, 117 F. App'x 186 (3d Cir. 2004).

Opinion

OPINION OF THE COURT

SMITH, Circuit Judge.

Robert Contini and Richard Patterson appeal from an order entered on November 21, 2003, in which the United States District Court for the Western District of Pennsylvania granted summary judgment in favor of defendants Bob Cranmer and Mike Dawida, both of whom were sued individually and in their role as commissioners on the Allegheny County Board of Commissioners. Contini and Patterson were employed for years on the Allegheny County public payroll, ascending to the positions of Park Manager and Recreation Manager, respectively. They were discharged from their county jobs on April 2, 1997, and later filed suit under 42 U.S.C. § 1983, asserting that they had been improperly terminated on account of their political affiliation in violation of the First Amendment. The District Court granted summary judgment in favor of Cranmer and Dawida, holding that Contini and Patterson failed to establish a prima facie case under our three-part test governing claims of discrimination on the basis of political affiliation. We will affirm the judgment of the District Court.

Because we write only for the parties, we restrict our discussion to those facts and legal principles necessary to resolution of this appeal. We exercise plenary review of the District Court’s decision to grant summary judgment. Assaf v. Fields, 178 F.3d 170, 171 (3d Cir.1999). In doing so, we must apply the same test that the District Court must apply. See Chipollini v. Spencer Gifts, Inc., 814 F.2d 893, 896 (3d Cir.1987) (en banc). Reviewing the record as a whole, we will “draw all reasonable inferences in favor of the non-moving party” and will not weigh the evidence or make credibility determinations. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). If it appears that “there is no genuine issue as to any material fact” and the movant is entitled to judgment as a matter of law, we will affirm a grant of summary judgment. Fed. R.Civ.P. 56(c). When a moving party has carried its burden under Rule 56(c), the non-moving party “must do more than sim[188]*188ply show that there is some metaphysical doubt as to the material facts.” Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The non-moving party “must come forward with ‘specific facts showing that there is a genuine issue for trial. ’ ” Id. at 587, 106 S.Ct. 1348 (quoting Fed.R.Civ.P. 56(e)). Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial. Id.

We have adopted a three-part test for determining whether a public employee has established a prima facie case of discrimination based upon political affiliation. The employee must prove (1) that the employee works for a public agency in a position that does not require a political affiliation, (2) that the employee maintained an affiliation with a political party, and (3) that the employee’s political affiliation was a substantial or motivating factor in the adverse employment decision. See Robertson v. Fiore, 62 F.3d 596, 599 (3d Cir.1995) (citing Laskaris v. Thornburgh, 733 F.2d 260, 265 (3d Cir.1984)). Here, the defendants conceded that the first prong was satisfied. The District Court held that Contini and Patterson failed to establish the existence of a prima facie case under the second and third prongs of our three-part test, and thus granted summary judgment in favor of Cranmer and Dawida.1

On appeal, Contini and Patterson argue that the District Court erred by granting summary judgment, in that it invaded the province of the jury and overlooked the existence of a genuine dispute concerning issues of material fact. The appellants’ position lacks merit. The third prong of our three-part test for discrimination based upon political affiliation requires a public employee to show that his political affiliation was a substantial or motivating factor in the adverse employment decision. See Robertson, 62 F.3d at 599. It is well-settled that implicit in this third prong is a requirement that the plaintiff produce evidence to show that the defendant knew of the plaintiffs political persuasion. See Goodman v. Pennsylvania Turnpike Comm., 293 F.3d 655, 664 (3d Cir.2002) (citing Laskaris, 733 F.2d at 265). In Stephens v. Kerrigan, 122 F.3d 171, 177-80 (3d Cir.1997), we characterized the inquiry under the third prong as involving two parts — “knowledge” and “causation.”

With respect to the defendants’ knowledge of Contini and Patterson’s political affiliation, the District Court addressed each of the two plaintiffs separately. The District Court noted that Cranmer testified that he did not know Contini or know what Contini’s job was, and the District Court observed that Contini failed to submit any contrary evidence or to otherwise dispute this testimony. Indeed, Contini and Patterson did not even file a response to the defendants’ summary judgment motion below, but instead merely adopted the response filed by other plaintiffs in a related case that was pending before the District Court. There is no indication in the [189]*189record that this response adopted by Contini and Patterson ever addressed the specific evidence submitted by Cranmer and Dawida in support of their motion for summary judgment in the present case, and on appeal Contini does not challenge the District Court’s finding that Cranmer’s testimony was unrebutted. While the District Court did not specifically address Dawida’s knowledge concerning Contini, Contini on appeal points to no evidence that would indicate that Dawida knew of Contini’s claimed political affiliation. Moreover, the record indicates that the chief witness relied upon by Contini and Patterson, an Allegheny County political activist named Patrick Risha, indicated that he learned of rumors that Contini was to be fired from Contini himself, and he never spoke with either Cranmer or Dawida concerning this issue.

As to Patterson, the District Court found that he had provided no evidence to indicate that either of the defendants knew anything at all concerning his claimed political affiliation.

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Bluebook (online)
117 F. App'x 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/contini-v-cranmer-ca3-2004.