Fasold v. Justice

409 F.3d 178, 2005 WL 1278813
Court of Appeals for the Third Circuit·Decided June 1, 2005·No. 04-2363·Published·Cited by 266 cases

Opinions

SLOVITER, Circuit Judge.

Robert Fasold, a former detective in the office of the District Attorney in Montgomery County, Pennsylvania, appeals the order of the District Court entering summary judgment against him and dismissing his complaint alleging that his termination violated the state and federal age discrimination acts. He sued his former supervisors and employer: Deputy Chief Detective Edmund Justice, Chief Detective Oscar Vance, Lieutenant Detective Frank Bason, District Attorney Bruce Castor, the Office of the District Attorney for Montgomery County, and Montgomery County, Pennsylvania (hereinafter collectively “Defendants”).

The District Court had jurisdiction pursuant to 28 U.S.C. §§ 1331, 1367; this court has jurisdiction under 28 U.S.C. § 1291. For the reasons set forth below, we will reverse.

I.

In reviewing the grant of summary judgment, we must view “the underlying facts and all reasonable inferences therefrom in the light most favorable to the party opposing the motion,” here Fasold. Pa. Coal Ass’n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995); see also In re Flat Glass Antitrust Litig., 385 F.3d 350, 357 (3d Cir.2004).

Fasold was thirty-three1 years old in 1986 when he began his work as a detective at the Montgomery County District Attorney’s Office.2 During his first two years with the District Attorney’s Office he worked in the Major Crimes Unit; in 1988 he went to the Narcotics Unit where his primary duty was the care, performance, and handling of a drug-sniffing canine. In 1992, he was transferred back to the Major Crimes Unit where he spent the next eight years. His primary responsibility was the investigation of white collar crime.

In November 2000, Fasold was told that effective January 2, 2001, he was being-transferred back to the Narcotics Unit. Fasold was uncomfortable with the proposed move because of his lack of experience in Narcotics (the drug dog aside) and his positive work experiences and evaluations in Major Crimes. Also, Fasold remembered that the detectives in Narcotics were expected to work with informants and to make undercover buys — asks for which Fasold felt ill-suited. Fasold, who had spoken with Vance in October 2000 [181] about coining to work early and leaving early so that he could care for his children, was also concerned about the transfer because of the irregular working hours and overtime for detectives in the Narcotics Unit.

After Fasold learned of the impending reassignment, he raised his concerns with both Justice and Vance. He also voiced his concerns to Bason, a supervisor in the Narcotics Unit. According to Fasold, during the latter conversation Bason stated: “[C]an’t you see the handwriting on the wall? ... [T]hey don’t want you here anymore.” App. at 85. Bason does not deny that he used the expression the “handwriting on the wall,” but recalls that he used it at a later time, indicating that it was in reference to Fasold’s poor performance at work. App. at 589-90. In any event, despite his protestations, Fasold’s reassignment to the Narcotics Unit occurred as planned. Fasold avers that, although he obviously was not pleased with the transfer, he tried to “mak[e] the best of it.” App. at 85.

In May 2001, Bason approached Fasold complaining that Fasold’s record since he rejoined the Narcotics Unit contained an insufficient number of investigations and arrests. Fasold responded that he believed his job was primarily that of a supervisor and that he was unaware that generating investigations and arrests were major parts of his responsibility. He further questioned Bason about why he had waited until May to approach him about this issue. Fasold maintains that Bason did not have a specific response to this query, but told him that he wanted him to work more overtime hours and noted several instances when Fasold was unavailable for overtime.3

During his deposition, Fasold recounted that Detective. Anthony Spagnoletti, who occupied an office near to Fasold’s, overheard the May 2001 conversation between Bason and Fasold. Spagnoletti then told Fasold: “[Ijsn’t it obvious to you that the people at the top do not want you here[?] ... Bason is their hatchet man, and, you know, they gave you to him, and they just want you out of here.” App. at 106-07.

Nonetheless, after his May 2001 meeting with Bason, Fasold worked with several prosecutors and police officers in an effort to generate investigations, cases, and arrests. Indeed, at his later deposition, Ba-son admitted that he noticed a “marked improvement” in Fasold’s work performance after their May 2001 meeting. App. at 606. Bason also testified that he could not recall any instances where Fasold had refused any request to work overtime after the May 2001 meeting.

On December 14, 2001, Fasold was assigned to assist state and local authorities with the controlled delivery of a large box of marijuana that was being transported by law-enforcement authorities to a warehouse in Cheltenham Township, Pennsylvania where it was to be picked-up by a suspected narcotics dealer. Fasold testified at his deposition that while he was en route to the warehouse in Cheltenham he informed Bason by telephone that he might need to leave the scene early in order to tend to a family situation.

That afternoon, the delivery, pick-up, and arrest occurred as planned. Fasold maintains that sometime after the suspect had been arrested he called Bason to inform him of the events and to tell him that he was leaving. Fasold testified that Ba-son did not ask him for any details of the [182] arrest, question him in regard to his leaving early, or otherwise complain about Fa-sold’s decision to leave.4 Bason, on the other hand, remembers Fasold’s phone call but testified that he did in fact question Fasold about the arrest and took issue with his decision to leave the scene. Specifically, because Fasold was unable to tell him what type of firearm the suspect had possessed and what was contained in the packages found in the suspect’s car, Bason concluded that Fasold had left the site while the investigation was still in its incipient stages. Moreover, Bason explained that the arrest was supposed to be a “learning experience” for the Cheltenham police as they had not previously participated in controlled package deliveries, and Fasold was supposed to lead them through the process. App. at 618. Bason testified that he doubted Fasold’s thoroughness because after the suspect was arraigned and released, he was able to empty three safe deposit boxes that might have been located and seized by the officers if an extensive inventory had been conducted at the time of the arrest.

Free access — add to your briefcase to read the full text and ask questions with AI

Fasold v. Justice, 409 F.3d 178, 2005 WL 1278813 (3d Cir. 2005).

409 F.3d 178 (Fasold v. Justice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

BOODOO v. AMP HOME CARE LLC
W.D. Pennsylvania, 2025
Renna, R. v. PPL Electric Utilities, Inc.
Superior Court of Pennsylvania, 2019
Ernest Keister v. PPL Corp
677 F. App'x 63 (Third Circuit, 2017)
Scott Michalesko v. Borough of Freeland
658 F. App'x 105 (Third Circuit, 2016)
Betty Cauler v. Lehigh Valley Hospital Inc
654 F. App'x 69 (Third Circuit, 2016)
Catherine Willis v. Childrens Hospital of Pittsbur
808 F.3d 638 (Third Circuit, 2015)
Robert Wilson v. Iron Tiger Logistics Inc
628 F. App'x 832 (Third Circuit, 2015)
Dorothy Daniels v. Philadelphia School District
776 F.3d 181 (Third Circuit, 2015)
Andrew Burger v. Secretary of Revenue
575 F. App'x 65 (Third Circuit, 2014)
Evanoski v. United Parcel Service, Inc.
571 F. App'x 92 (Third Circuit, 2014)
Johnson v. Delaware County Juvenile Detention Center
545 F. App'x 135 (Third Circuit, 2013)
Cheryl Slater v. Susquehanna County
465 F. App'x 132 (Third Circuit, 2012)
Paulino v. Burlington County Jail
438 F. App'x 106 (Third Circuit, 2011)
Deborah Phillis v. Harrisburg Sch Dist
430 F. App'x 118 (Third Circuit, 2011)
Garcia v. Newtown Township
819 F. Supp. 2d 416 (E.D. Pennsylvania, 2011)
Petril v. Cheyney University of Pennsylvania
789 F. Supp. 2d 574 (E.D. Pennsylvania, 2011)