Ismael v. Ali

276 F. App'x 156
CourtCourt of Appeals for the Third Circuit
DecidedApril 29, 2008
Docket07-1636
StatusUnpublished
Cited by2 cases

This text of 276 F. App'x 156 (Ismael v. Ali) 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
Ismael v. Ali, 276 F. App'x 156 (3d Cir. 2008).

Opinion

OPINION OF THE COURT

ALARCÓN, Circuit Judge.

Tareq Ismael appeals from the order of the District Court granting summary judgment in favor of Abbas Ali and Mantón Gibbs who are professors at Indiana University of Pennsylvania (“IUP”). The District Court granted Ali’s and Gibbs’s motion for summary judgment as to Ismael’s claim for defamation. Ismael contends that the District Court erred in concluding that Ali and Gibbs were acting within the scope of their employment when they allegedly distributed defamatory letters about him. We affirm because we conclude that Ali and Gibbs were acting within the scope of their employment.

I

A

The facts set forth in Ismael’s opposition to the motion for summary judgment demonstrate that he is a political science professor at the University of Calgary. Ali and Gibbs are professors at the Eberly College of Business at IUP.

In November 1998, all three professors were involved in a conference at the Eastern Mediterranean University in northern Cypress. Ismael and Robert Camp, Dean of the business school at IUP, were part of the committee that organized the conference. Ali and Gibbs acted as coordinators for the conference. IUP sponsored the conference along with other organizations, including the American Society for Competitiveness (“ASC”) and the International Society for Competitiveness (“ISC”). *158 Camp, Ali, and Gibbs served as incorporators and officers for ASC and ISC.

The gravamen of Ismael’s claim is that Ali and Gibbs were responsible for a series of letters which allegedly contained false statements that Ismael improperly handled funds collected for the conference. At the conclusion of the conference, these letters were sent first to Ismael, then to his employer, and also to conference participants. All of the letters were written on either ASC or ISC letterhead and signed by IUP employees. Gibbs signed the last four letters. In two of the letters, Gibbs signed them as “Conference Coordinator” and the “Conference Coordinator, American Society for Competitiveness.” He signed the other two letters as “Professor and Conference Coordinator.”

B

On January 15, 2003, Ismael filed an amended complaint against ASC, ISC, and five IUP employees, including Ali and Gibbs, seeking damages for defamation, civil conspiracy, intentional infliction of emotional distress, and false light. On November 17, 2003, the District Court granted in part, and denied in part, defendants’ motions for summary judgment. Only Ismael’s defamation claim against ASC, Ali, and Gibbs survived summary judgment. The defendants appealed on the basis that Ali and Gibbs were entitled to sovereign immunity.

This Court, in Ismael v. Ali, 141 Fed. Appx. 36, 36-37 (3d Cir.2005), vacated the summary judgment ruling on the ground that it was “concomitantly unable to ascertain whether [it had] appellate jurisdiction.” This Court remanded the case with an instruction to “revisit the issue of sovereign immunity” and to “reconsider” Ali’s and Gibbs’s motion for summary judgment. Id. at 37-39.

On remand, the District Court reconsidered Ali’s and Gibbs’s motion for summary judgment. On January 31, 2007, the District Court granted summary judgment in favor of Ali and Gibbs on the basis that they were entitled to sovereign immunity. Ismael filed a timely notice of appeal. 1 Ismael v. Alt, No. 99-1932, 2007 WL 336286 (W.D. Pa. Jan 31, 2007). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.

II

There is no dispute that District Court properly concluded that Ali and Gibbs are “employees of the Commonwealth.” Under Pennsylvania law, “the Commonwealth, and its officials and employees acting within the scope of them duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit....” 1 Pa. Cons.Stat. Ann. § 2310. Thus, the question before us is whether Ali and Gibbs acted within the scope of them employment. If they did, then they are entitled to assert sovereign immunity.

Ismael argues that Ali and Gibbs were not acting within the scope of their employment with IUP when they sent the letters. First, he contends that they were writing the letters on behalf of ASC, not IUP. Second, Ismael maintains that they were writing the letters in furtherance of a “personal vendetta” against him. Ali and Gibbs argue that both of these assertions are irrelevant to the appeal. “Our standard of review on an appeal from a grant of summary judgment is plenary ... applying the same standard the District *159 Court was required to apply.” Bowers v. Nat’l Collegiate Athletic Ass’n, 475 F.3d 524, 535 (3d Cir.2007) (internal citations omitted).

“Pennsylvania has accepted the Restatement (Second) of Agency’s definition of conduct ‘within the scope of employment.’ ” Brumfield, v. Sanders, 232 F.3d 376, 380 (3d Cir.2000). This Court explained:

According to the Restatement, “conduct is within the scope of employment if, but only if: (a) it is the kind [the employee] is employed to perform; (b) it occurs substantially within the authorized time and space limits [and] (c) it is actuated, at least in part, by a purpose to serve the master.... ”

Id. (citing Restatement (Second) of Agency § 228(1)); see also Butler v. Flo-Ron Vending Co., 383 Pa.Super. 633, 557 A.2d 730, 736 (1989) (adopting definition of scope of employment as set forth in § 228).

Ali’s and Gibbs’s involvement in the conference was the kind of conduct that IUP employed them to perform. Camp, the Dean of the business school, testified at his deposition that IUP expected its professors to be involved in conference activities. He also testified as follows: “[Virtually all activities of an academic scholarly nature are within their [Ali’s and Gibbs’s] scope [of employment], because they reflect back on the university, so, I mean, almost on a weekly basis there’s correspondence going out that I don’t authorize.... ” App. 380 (emphasis added). The record shows, IUP was one of the sponsors of the conference. IUP officials knew that Ali and Gibbs were involved in planning the conference. Ali’s and Gibbs’s participation reflected back on IUP. Although the allegedly defamatory letters were written subsequent to the conference, they concern conference financial issues. The District Court explained: “Looked at another way, had Ali and Gibbs not taken action to address possible improprieties in the handling of Conference funds, they would have been neglecting them duties to the participants and sponsors, including IUP, their employer.” Ismael, 2007 WL 336286, at *4. We agree.

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

Related

GIORDANO v. HOHNS
E.D. Pennsylvania, 2024
Ickes v. Grassmeyer
30 F. Supp. 3d 375 (W.D. Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
276 F. App'x 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ismael-v-ali-ca3-2008.