Donovan v. Pittston Area School District

218 F. Supp. 3d 304, 2016 U.S. Dist. LEXIS 150233, 2016 WL 6433022
District Court, M.D. Pennsylvania·Decided October 31, 2016·No. CIVIL ACTION NO. 14-1657·Published

Opinion

MEMORANDUM OPINION

NITZAI. QUIÑONES ALEJANDRO, DISTRICT JUDGE

INTRODUCTION

Before this Court are a motion for summary judgment filed pursuant to Federal Rule of Civil Procedure (Rule) 56 by Defendants Anthony Guariglia, Bruce Knick, Kent Bratlee, John Donahue and Charles Sciandra (collectively, “Defendants”), seeking to dismiss the remaining civil rights claim against them premised on 42 U.S.C. § 1983 (“§ 1983”), [ECF 44-46], and a response in opposition filed by Janet Donovan (“Plaintiff’). [ECF 49-51, 53]. The issues asserted in the motion for summary judgment have been fully briefed and are ripe for disposition. For the reasons stated herein, Defendants’ motion is granted.

BACKGROUND

Originally, Plaintiff filed this case in the Luzerne County Court of Common Pleas against the Pittston Area School District (the “District”) and Defendants, in their individual capacities and as members of the Pittston Area Board of Education (the “Board”). Defendants removed the case to the United States District Court for the Middle District of Pennsylvania. [ECF 1]. On October 14, 2014, Defendants filed a [308] motion to dismiss. [ECF 11, 12]. On June 17, 2015, the Court issued an Order and Opinion which granted, in part, Defendants’ motion and dismissed Counts I and III of Plaintiffs amended complaint for failure to exhaust statutory remedies, and dismissed, with prejudice, Plaintiffs Fourteenth Amendment substantive due process claim in Count II. [ECF 27, 28]. As a consequence, Plaintiffs only claim remaining is her procedural due process allegations in Count II against the five named Defendants in their individual capacities.

On January 25, 2016, Defendants filed the instant motion for summary judgment which Plaintiff opposes.1 When ruling on a motion for summary judgment, a court must consider all record evidence and supported relevant facts in the light most favorable to the non-moving party, ie., Plaintiff. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Galena v. Leone, 638 F.3d 186, 196 (3d Cir. 2011). Here, these relevant facts are summarized as follows:2

Plaintiff was hired by the Pittston Area School District in 2009 as the Principal in Charge of Curriculum for Grades Kindergarten through 12th Grade. (Defendants’ Statement of Facts (“SOF”) ¶ 19). Among her duties, Plaintiff collaborated with other District principals, department chairs, and teachers to ensure the design and implementation of curriculum, (Id. at ¶ 21), and collected information to submit to federal programs. (Id. at ¶ 22).
On August 13, 2012, Jack Lussi advised Plaintiff about the potential for her being transferred to a new position. (Id. at ¶ 31). Plaintiff also received a call from Board member Bob Linsky about the potential move. (Id. at ¶ 32).
On August 14, 2012, the Board held a meeting during which Plaintiffs administrative position with the District was addressed. Prior to the vote, Plaintiff was asked to “explain [her] position as principal in charge of curriculum.” (Pltf. Deposition Transcript at 122; SOF at ¶ 41). Plaintiff addressed the Board and made a presentation in which she “explained everything to them .... ” (Pltf. Deposition Transcript at 125; SOF at ¶ 41). Plaintiff offered to do her current position as well as the new position, (SOF at ¶ 43), and stated that she would do what the Board asked her to do. (Id. at ¶ 99). Defendants voted to appoint Plaintiff as the Intermediate Center Principal for the 2012-2013 school year. (Id. at ¶ 44).
Plaintiff contends this new appointment constituted a demotion since it involved less administrative duties and responsibilities.3 By letter dated September 19, 2012, the District’s counsel, John Audi, asked whether Plaintiff was “interested” in having a hearing. (Id. at ¶¶ 46, 51). On October 1, 2012, Plaintiffs then-counsel responded by letter that Plaintiff was “interested in” having a hearing. (Id. at ¶ 51). Despite being advised by the Pittston Area School District Solicitor that she was entitled [309] to a hearing, no hearing was ever held. (Id. at ¶ 52).
Although in her new administrative position, Plaintiff suffered no change or loss in salary or benefits,4 (Pltf. Deposition Transcript 190-92), she contends that her responsibilities changed. (Pltf.’s Resp. at ¶ 60).
Plaintiff did not file any type of complaint or appeal with the Secretary of Education challenging the decision of the Board. (Id. at ¶ 61).

LEGAL STANDARD

Rule 56 governs the summary judgment motion practice and provides that summary judgment is appropriate “if the mov-ant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A fact is “material” if proof of its existence or non-existence might affect the outcome of the litigation, and a dispute is “genuine” if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Under Rule 56, the court must view the evidence in the light most favorable to the non-moving party. Galena, 638 F.3d at 196.

Rule 56(c) provides that the movant bears the initial burden of informing the court of the basis for the motion and identifying those portions of the record which the movant “believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). This burden can be met where the nonmoving party has “fail[ed] to make a showing sufficient to establish the existence of an element essential to that party’s case.” Id. at 322, 106 S.Ct. 2548.

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Donovan v. Pittston Area School District, 218 F. Supp. 3d 304, 2016 U.S. Dist. LEXIS 150233, 2016 WL 6433022 (M.D. Pa. 2016).

218 F. Supp. 3d 304 (Donovan v. Pittston Area School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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