Ditzler v. Housing Authority

171 F. Supp. 3d 363, 2016 WL 1103871, 2016 U.S. Dist. LEXIS 35851
CourtDistrict Court, M.D. Pennsylvania
DecidedMarch 21, 2016
DocketCIVIL ACTION NO. 3:14-70
StatusPublished
Cited by7 cases

This text of 171 F. Supp. 3d 363 (Ditzler v. Housing Authority) 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
Ditzler v. Housing Authority, 171 F. Supp. 3d 363, 2016 WL 1103871, 2016 U.S. Dist. LEXIS 35851 (M.D. Pa. 2016).

Opinion

MEMORANDUM

MALACHY E. MANNION, United States District Judge

Pending before the court is the motion for summary judgment, (Doc. 21), of defendant Housing Authority of the City of Nanticoke (“NHA”) on plaintiff’s claims for violations of the First and Fourteenth [365]*365Amendment based on political association. For the following reasons, the motion is GRANTED.

I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

By way of relevant background, on January 15, 2014, the plaintiff, Jean Ditzler, filed the instant action as a result of the defendant’s decision to terminate the plaintiff from her employment as NHA Executive Director. (Doc. 1). The plaintiff served as Executive Director of the NHA from 2007 until January 19, 2011, when the NHA Board of Directors, upon recommendation from NHA Solicitor, Vito DeLuca, voted to terminate her employment on the basis of sixteen (16) listed complaints about her job performance, including insubordination and unsatisfactory job performance. (Doc. 22, Ex. D). In her complaint, the plaintiff claims that pursuant to 42 U.S.C. § 1983, she is entitled to relief because the defendant’s decision to terminate her employment violated her First Amendment right of association. (Doc. 1, p. 7). Specifically, the plaintiff alleges that she “was not continued in her employment with Defendant upon the actions and recommendations of Mr. DeLuca in order to ’make room’ for his political affiliate, Mr. Pape.” Id. at ¶ 41.

On April 4, 2014, the defendant filed an Answer to the complaint along with several affirmative defenses, including failure to state a claim and failure to mitigate damages. (Doc. 10). While the parties began conducting discovery, the court referred the case to mediation pursuant to Standing Order 04-3, In Re Authorizing Systematic Random Mandatory Mediation Referrals in Certain Case Types, (July 26, 2004). (Doc. 14). A mediation conference was held, but the parties failed to successfully reach a settlement. (Doc. 16).

On May 1, 2015, the defendant filed a Motion for Summary Judgment, (Doc. 21), along with a supporting brief, (Doc. 23), and a Concise Statement of Material Facts pursuant to Local Rule 56.1. (Doc. 22). In response, the plaintiff filed a Brief in Opposition on June 8, 2015, (Doc. 24), along with her response to the defendant’s Concise Statement of Material Facts and their Counterstatement of Material Facts. (Doc. 25). The defendant then filed a Reply Brief on June 22, 2015. And finally, the plaintiff submitted a motion to submit a Sur-Reply Brief, with which the Sur-Reply Brief was attached. (Doc. 27). Having received submissions from both parties, the court finds the defendant’s motion for summary judgment ripe for review.

II. STANDARD OF REVIEW

Summary judgment is appropriate if the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Turner v. Schering-Plough Corp., 901 F.2d 335, 340 (3d Cir.1990). A factual dispute is genuine if a reasonable jury could find for the non-moving party, and is material if it will affect the outcome of the trial under governing substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Aetna Cas. & Sur. Co. v. Ericksen, 903 F.Supp. 836, 838 (M.D.Pa.1995).

At the summary judgment stage, “the judge’s function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Anderson, 477 U.S. at 249, 106 S.Ct. 2505; see also Marino v. Indus. Crating Co., 358 F.3d 241, 247 (3d Cir.2004) (a court may not weigh the [366]*366evidence or make credibility determinations). Rather, the court must consider all evidence and inferences drawn therefrom in the light most favorable to the non-moving party. Andreoli v. Gates, 482 F.3d 641, 647 (3d Cir.2007).

To prevail on summary judgment, the moving party must affirmatively identify those portions of the record which demonstrate the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323-24, 106 S.Ct. 2548. The moving party can discharge the burden by showing that “on all the essential elements of its case on which it bears the burden of proof at trial, no reasonable jury could find for the non-moving party.” In re Bressman, 327 F.3d 229, 238 (3d Cir.2003); see also Celotex, 477 U.S. at 325, 106 S.Ct. 2548. If the moving party meets this initial burden, the non-moving party “must do more than simply show that there is some metaphysical doubt as to material facts,” but must show sufficient evidence to support a jury verdict in its favor. Boyle v. County of Allegheny, 139 F.3d 386, 393 (3d Cir.1998) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). However, if the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to [the non-movant’s] case, and on which [the non-movant] will bear the burden of proof at trial,” Rule 56 mandates the entry of summary judgment because such a failure “necessarily renders all other facts immaterial.” Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548; Jakimas v. Hoffman-La Roche, Inc., 485 F.3d 770, 777 (3d Cir.2007).

III. DISCUSSION

Plaintiffs complaint alleges that the defendant’s termination of the plaintiff constitutes a violation of the plaintiffs right of association as guaranteed by the First and Fourteenth Amendments of the U.S. Constitution. (Doc. 1, ¶ 49). In an attempt to demonstrate that no material issues of fact exist for trial and that it is entitled to judgment as a matter of law, the defendant filed the instant motion for summary judgment. The defendant argues that summary judgment is warranted on three grounds. First, the defendant claims that the plaintiff has not established a viable Monell claim against NHA. (Doc. 23, p. 3). Next, the defendant argues that there is no genuine dispute of fact contradicting the fact that the plaintiffs alleged constitutionally protected conduct was not a substantial factor in the defendant’s decision to terminate her. Id. Finally, the defendant moves for summary judgment because the plaintiff cannot show pretext and the defendant’s decision to terminate the plaintiff would remain the same absent the plaintiffs allegedly protected conduct. Id. at 3-4.

The plaintiff argues that she has, in fact, established a Monell claim against the defendant because the NHA ratified Mr.

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171 F. Supp. 3d 363, 2016 WL 1103871, 2016 U.S. Dist. LEXIS 35851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ditzler-v-housing-authority-pamd-2016.