Donald Pryor v. Eric Holder, Jr.

436 F. App'x 471
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 19, 2011
Docket09-3720
StatusUnpublished
Cited by3 cases

This text of 436 F. App'x 471 (Donald Pryor v. Eric Holder, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donald Pryor v. Eric Holder, Jr., 436 F. App'x 471 (6th Cir. 2011).

Opinion

JULIA SMITH GIBBONS, Circuit Judge.

After sending an allegedly threatening email to his employers, plaintiff-appellant Donald Edward Pryor was charged with one misdemeanor count of Telecommunications Harassment pursuant to Ohio Rev. Code Ann. § 2917.21(B). He was acquitted of this charge by a jury and filed suit in federal district court against numerous parties, alleging claims under the United States and Ohio Constitutions for unlawful search and seizure, denial of freedom of speech, and substantive due process violations. The parties filed dispositive motions, and the district court dismissed all of Pryor’s claims. Pryor now appeals a district court order denying his motion to reconsider a previous order dismissing his claims against defendants Dr. Christina Genovese, Mark Charville, and Dr. Jeffrey Wagner. For the reasons that follow, we affirm.

I.

Before his resignation in April 2007, Pryor worked as a part-time instructor of biology at the Firelands campus of Bowling Green State University (“BGSU”). In February 2007, Pryor’s mother became seriously ill and was hospitalized, contributing to his personal stress as he attempted to balance his mother’s needs and the demands of teaching. Around this time, Dr. Genovese, a BGSU biology professor, became critical of Pryor’s work performance; after Pryor missed a class on February 21 due to his mother’s poor health, Dr. Genovese berated him in front of her students, instructed him to email his students in advance of canceling a test, and stated that “we will deal with your issues after your mommy is better.” On March 21, Dr. Genovese reviewed Pryor’s work by sitting *473 in on his class and allegedly “interrupted [him] numerous times during the class session.” Although Pryor was not given a copy of his performance evaluation, he states that, as of March 23, the BGSU Firelands faculty had decided not to renew his teaching contract due to poor performance. Pryor claims that Dr. Wagner, the BGSU Firelands Department Chair of Natural and Social Sciences, “ignored vital procedures” and was unreceptive to his complaints about Dr. Genovese, describing her as “harmless.” He also claims that Dr. Genovese’s “unprofessional behavior ... created a hostile work environment” during an emotionally difficult time.

On April 18, 2007, after Pryor learned that his mother would be placed in a skilled nursing facility, Dr. Genovese agreed to teach his class. That evening, she emailed him to describe the material covered during class and the recommended lessons for the remainder of the semester. She concluded by noting that Pryor’s “students were a delight ... [although attendance was very light. [ ... ] I wonder why?” Distressed by both the tone of Dr. Genovese’s email and his mother’s illness, Pryor responded to “let rightful discord be heard” and “to address the [longstanding] abuses ... at Firelands.” His email, which was addressed to “[professionals at BGSU,” stated in part:

In light of the obscene problems and hardships that have been, for some odd reason, fallen my way. I can no longer continue on this semester.
It seems that while working at this facility ... my family and my very well-being & survival have all come under attack for whatever reason ... I have been hit with bad vibe city.
All I wish is for the exact ... if not more so problems TO come to plague anyone who has had in their hearts opposition to me being here. Which again points to nutty statements such as below ... and the pimping and priming of dirt and the attempt to milk the F students for info[ ] about what Mr. Pryor is or is not doing right....
THE LAST THING I WANTED WAS HELP WITH MY CLASS, I CAN HANDLE IT ... HOWEVER MY LOVED ONES AND THEIR WELL BEING AND MY MENTAL STATE CAN NOT HANDLE ALL THE GARBAGE I HAVE BEEN TOSSED HERE ... Firelands college ... has amounted to debt ... a lost home to pay for college and no money and now power. Which power is ... I know I shouldn’t say this ... but exactly ... what I seek....
MAY GOD PUNISH MY ENEMIES SINCE I CAN’T.... AND TO THE SHREWD MS. GENOVESE, I WILL GO WITH MY GUT VIBE AND SAY GO [expletive] YOURSELF ... I RESIGN....
ME, I AM HERE TO WIN, TO GET WHAT I WANT AND TO WIN ... NOT STRUGGLE OVER PEANUTS WHICH IS WHAT I SEEM TO BE FIGHTING FOR....
THE NUTS, WHICH I AM NOT ONE OF, ARE THOSE THAT ENSLAVE US, TO ADVOCATE THAT I WIN ... YOU MUST LOSE....

Dr. Genovese forwarded the email to Charville, the BGSU Director of Budget and Operations, claiming that she felt threatened. Charville then contacted BGSU Legal Counsel and the Huron Municipal Court.

On April 19, 2007, Dr. Genovese and Charville reported the incident to Deputy Sheriff Jeffrey Hippley of the Erie County Sheriffs Office, who reviewed a copy of the email. Hippley’s investigative report stated that, in addition to the “veiled threats” contained in Pryor’s email, Dr. Genovese and Charville noted that Pryor had been *474 “acting strangely lately and ... had to be asked to leave the buildings on campus late at night on several occasions recently, including one night that he was asked to leave at [8:30 a.m.] as the campus’ policy is that everyone should be out at [2:30 a.m.] at night.” The report also stated that, in light of the campus shootings at Virginia Polytechnic Institute and State University (“Virginia Tech”) earlier that week, “faculty, particularly Dr. Genovese ... are concerned.”

That afternoon, Hippley and Captain Paul Sigsworth met with Lee McDermond, Law Director for the City of Huron, to further discuss the matter and to determine whether charges should be filed. After reviewing the email, McDermond advised that Pryor should be charged with one misdemeanor count of Telecommunications Harassment pursuant to Ohio Rev. Code Ann. § 2917.21(B). Hippley prepared and filed a complaint against Pryor with the Huron Municipal Court, an arrest warrant issued, and Pryor was arrested following a traffic stop that same day. Because of “the disturbing statements made by Mr. Pryor in the email to Dr. Ge-novese[ ][and] reports of his erratic behavior at the time the email was sent,” McDermond requested that Pryor receive a psychiatric examination through BGSU Firelands Counseling and Recovery Services as a condition of being released on bond. Huron Municipal Court Judge William R. Steuk imposed the examination as a condition of release, and it was completed on April 20, 2007.

McDermond also moved the municipal court for an order requiring Pryor to surrender any firearms within his control and permitting a search of Pryor’s home and vehicle “to confiscate any such firearms or deadly weapons and hold same until further order.” Judge Steuk ordered the Erie County Sheriff to perform the search of Pryor’s vehicle and residence, to seize any firearms, and to “hold them until further order of this court.” Captain Sigs-worth executed the search on the afternoon of April 20, and no firearms were recovered.

On July 26, 2007, Pryor was acquitted by jury verdict of misdemeanor Telecommunications Harassment.

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