DeLuzio v. Monroe County

271 F. App'x 193
CourtCourt of Appeals for the Third Circuit
DecidedMarch 31, 2008
DocketNos. 06-4934, 06-5044
StatusPublished
Cited by5 cases

This text of 271 F. App'x 193 (DeLuzio v. Monroe County) 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
DeLuzio v. Monroe County, 271 F. App'x 193 (3d Cir. 2008).

Opinion

OPINION OF THE COURT

CHAGARES, Circuit Judge.

From 1992 until 1999, Michael DeLuzio served as a caseworker for Monroe County Children and Youth Services (CYS). CYS fired DeLuzio in 1999, ostensibly for insubordination. DeLuzio then brought this action, alleging a host of constitutional and statutory violations in connection with his failure to be promoted while at CYS, his termination by CYS, and subsequent interference by CYS and its employees in DeLuzio’s pursuit of other jobs. The procedural history of this case is long and complex, but the resolution of these appeals is simple. The District Court expended a significant amount of time and energy on this case, and navigated through multiple claims and motions with accuracy and aplomb. We will affirm its decisions in their entirety.

I.

Sat Bahl became CYS’s Administrator in July 1996. As Administrator, Bahl supervised all CYS employees, had authority to hire and suspend employees, and could recommend that employees be fired, although the final authority for termination rested with the Monroe County Commissioners. Despite his junior status, DeLuz-io often clashed with Bahl and others over CYS’s provision of services to its clients and its internal policies and procedures. DeLuzio made his opinions on these mat[195]*195ters known to his superiors at CYS repeatedly and insistently, often by writing memos outlining the problems he saw with CYS’s operations and the treatment strategies for clients of other caseworkers.

In November 1997, DeLuzio sought but was passed over for a promotion to become a higher-level caseworker. In November 1998, DeLuzio again sought promotion, this time to become a Program Manager. Again, he was rejected, and Christina Ia-cano was promoted instead, although she had been with CYS for just a few months. Moreover, on at least two occasions, Bahl recommended that DeLuzio be disciplined. On each occasion, however, the disciplinary action was reversed and expunged from DeLuzio’s record because after DeLuzio challenged the actions, the reviewing authority found DeLuzio’s underlying conduct to be appropriate.

DeLuzio’s memos (often written to Bahl) increased in frequency after Iacano’s promotion to Program Manager, and began to include DeLuzio’s opinions on how CYS’s Family Preservation unit should be operated. On February 18, 1999, Bahl suspended DeLuzio without pay, “pending investigation of possible misconduct.” Bahl did not justify the suspension until over 30 days later, and then, on March 26, 1999, wrote DeLuzio a letter stating that the suspension had been related to DeLuzio’s file-keeping methods and his “daily barrage of ‘Memo’s’ demanding audiences, meetings, apologies, etc. [which had] become insubordination.” DeLuzio, Bahl, and the union steward then had a meeting regarding Bahl’s allegations, at which De-Luzio was given the opportunity to challenge the conclusions of the March 26, 1999 letter. By letter dated April 7, 1999, Bahl informed DeLuzio that he was terminated. This action followed.1

II.

After several preliminary opinions by the District Court that narrowed the case’s scope,2 the remaining issues went to trial in March 2005. The District Court granted judgment as a matter of law in favor of the Defendants on several claims at the close of DeLuzio’s case and then sent four claims to the jury: two First Amendment retaliation claims against Bahl (for failure to promote and for termination); a Fourteenth Amendment procedural due process claim against Bahl, Bielat, and Iacano; and a claim that these three individuals conspired to deprive DeLuzio of due process.

The jury found in favor of Bahl on the failure to promote retaliation claim, but rendered a verdict against the defendants on the other three claims and imposed punitive damages against Bahl on the termination retaliation claim. Defendants re[196]*196newed their motions for judgment as a matter of law after trial, and the District Court granted relief to Bahl, Bielat, and Iacano on the due process and civil conspiracy claims. Thus, DeLuzio ultimately succeeded only on the First Amendment retaliatory discharge claim against Bahl.

Bahl and DeLuzio have now filed cross appeals. Bahl asserts, first, that the District Court erred by denying him judgment as a matter of law on the issue of whether DeLuzio’s speech was a protected activity. Bahl also claims that the District Court erred by finding that sufficient evidence supported the jury’s verdict on three issues: that DeLuzio’s protected speech was a substantial factor in Bahl’s termination recommendation; that Bahl’s recommendation was a cause of DeLuzio’s termination; and that punitive damages were warranted. DeLuzio appeals the District Court’s post-trial grant of judgment as a matter of law on the procedural due process and civil conspiracy claims.

III.

We deal first with the District Court’s decisions on the parties’ motions for judgment as a matter of law. In so doing, we exercise plenary review. See Curley v. Klem, 499 F.3d 199, 205 (3d Cir.2007). First, we hold that the District Court properly denied Bahl’s motion for judgment as a matter of law that DeLuzio’s speech was not protected by the First Amendment. To state a First Amendment retaliation claim, a public employee plaintiff must allege: (1) that the activity in question is protected by the First Amendment, and (2) that the protected activity was a substantial factor in the alleged retaliatory action. See Phyllis Hill v. City of Scranton, 411 F.3d 118, 125 (3d Cir. 2005). “The first factor is a question of law; the second factor is a question of fact.” Hill v. Borough of Kutztown, 455 F.3d 225, 241 (3d Cir.2006).

A public employee’s statement is protected activity “when (1) in making it, the employee spoke as a citizen, (2) the statement involved a matter of public concern, and (3) the government employer did not have ‘an adequate justification for treating the employee differently from any other member of the general public’ as a result of the statement he made.” Id. (quoting Garcetti v. Ceballos, 547 U.S. 410, 418, 126 S.Ct. 1951, 1958, 164 L.Ed.2d 689 (2006)). When a public employee makes a statement pursuant to his official duties, he does not speak “as a citizen.” Cebados, 126 S.Ct. at 1960. “Whether an employee’s speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record.” Rankin v. McPherson, 483 U.S. 378, 384, 107 S.Ct. 2891, 97 L.Ed.2d 315 (1987) (quotation marks omitted).

DeLuzio’s speech was protected by the First Amendment. DeLuzio did not have professional responsibility, or “official duties,” over any of the topics covered in his memos. His superiors’ problems with DeLuzio stemmed precisely from his frequent and unwelcome comments on matters that the supervisors felt were not within DeLuzio’s purview — such as the course of treatment for other caseworkers’ clients, or operating procedures that De-Luzio thought were harmful but was without power to change.

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Bluebook (online)
271 F. App'x 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deluzio-v-monroe-county-ca3-2008.