McArdle v. Peoria School District No. 150

833 F. Supp. 2d 1020, 2011 WL 2214759, 2011 U.S. Dist. LEXIS 61585
CourtDistrict Court, C.D. Illinois
DecidedJune 7, 2011
DocketCase No. 09-01150
StatusPublished
Cited by1 cases

This text of 833 F. Supp. 2d 1020 (McArdle v. Peoria School District No. 150) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McArdle v. Peoria School District No. 150, 833 F. Supp. 2d 1020, 2011 WL 2214759, 2011 U.S. Dist. LEXIS 61585 (C.D. Ill. 2011).

Opinion

ORDER

MICHAEL M. MIHM, District Judge.

Now before the Court are Defendant Mary Davis’ (“Davis”) Motion for Summary Judgment [# 57] and Defendants Ken Hinton, Thomas Broderick, and Peoria School District No. 150’s (“Individual Defendants”) Motion for Summary Judgment [# 58]. For the reasons set forth below, Davis’ Motion for Summary Judgment [# 57] is GRANTED. Individual Defendants’ Motion for Summary Judgment [# 58] is GRANTED. Plaintiffs request to voluntarily dismiss its claims against Ken Hinton and Thomas Broderick is accepted, and Ken Hinton and Thomas Broderick are terminated as parties. Plaintiffs request to withdraw her claim under the Whistleblower Act is also accepted, and this claim will be stricken.

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, as one of Plaintiffs claims arises under the Civil Rights Act of 1871. 42 U.S.C. § 1983. The Court also has supplemental jurisdiction over Plaintiffs state law claims for breach of contract, tortious interference with a contract, and claim under the Illinois Whistleblower Act. 28 U.S.C. § 1367(a).

BACKGROUND

On August 4, 2008, Plaintiff Julie McArdle (“McArdle”) was hired by Peoria School District 150 (“District 150”) as the principal of Lindbergh Middle School. McArdle’s employment contract covered the period from July 1, 2008 until June 31, 2010 and contained a provision allowing for early termination by either party after one year of McArdle’s employment. At this time, Kenneth Hinton (“Hinton”) was the superintendent, Herschel Hannah (“Han[1025]*1025nah”) was the assistant superintendent, and Mary Davis (“Davis”) was the Academic Officer of District 150 and previous principal of Lindbergh Middle School (“Lindbergh”). Thomas Broderick (“Broderick”) was the vice president of the Board of Education for District 150. Davis was McArdle’s immediate supervisor. Davis reported to Hannah; Hannah reported to Hinton; and Hinton reported to the Board of Education for District 150.

Beginning in October of 2008, Davis contacted McArdle regarding complaints filed against McArdle by parents. Hinton also received complaints against McArdle filed by the Parent Teacher Organization (“PTO”) and met with PTO President Tania Hoerr (“Hoerr”) about difficulties with McArdle. Also during this time, members of the Board also received parent complaints about McArdle’s conduct and personality. Throughout the 2009-2010 academic year, Hinton became concerned with the situation at Lindbergh due to an allegedly divided staff and parent network. Hinton brought the situation to the attention of the Board of Education on April 6, 2009. On April 21, 2009, Broderick contacted McArdle on behalf of the Board of Education to discuss early termination. On April 27, 2009, the Board of Education conducted a special meeting and voted 4-1 to terminate McArdle’s employment effective June 30, 2009. In terminating her employment, the Board exercised the no-cause buy-out provision of McArdle’s contract, and subsequently payed McArdle liquidated damages pursuant to this contract provision.

During her employment as principal at Lindbergh, McArdle discovered a number of financial and administrative irregularities attributable to Davis during Davis’ tenure as principal of Lindbergh. These irregularities allegedly included: (1) a student teacher who agreed to work without pay was being paid a teacher’s aide salary; (2) a private counselor was charging private fees contrary to District 150’s obligation to provide such services for free as a part of a public education; (3) addresses were falsified to show students living within District 150’s boundaries when they did not physically live within those boundaries; and (4) financial discrepancies regarding the Student Activities Funds, which are the only funds that the Lindbergh Principal handles. Davis has since been indicted in the Circuit Court of Peoria County, Illinois on eight counts of felony theft and eight counts of felony official misconduct related to her use of the Student Activities Fund and other miscellaneous personnel issues while principal for Lindbergh.

As early as October of 2008, McArdle attempted to discuss the financial discrepancies with Davis, her current superior and previous Lindbergh principal. Davis responded in December, telling McArdle that the Lindbergh financial books had already been audited. In January of 2009, Davis began allegedly attempting to discredit McArdle in her reports to Hinton, her evaluations of McArdle, and her dealings with the PTO and other parents. McArdle continued to discover inconsistencies in the Student Activities Fund. After McArdle discovered the financial irregularities in the Student Activities Fund, and after she learned that the Board intended to terminate her contract, McArdle sought advice of counsel on April 23, 2009. On April 24, 2009, McArdle emailed Hinton and Broderick to outline the theft and other incidents of purported official misconduct. McArdle also filed a police report with the Peoria Police on April 24, 2009. When Hinton and Davis approached the Board of Education on April 27, 2009, these charges had been filed, and Hinton, Broderick, and Davis were aware of them.

[1026]*1026On December 23, 2009, McArdle filed an Amended Complaint alleging a federal claim under Section 1983 for deprivation of her First Amendment rights against all named Defendants. McArdle also alleged a state law breach of contract claim and a claim under the Illinois Whistleblower Act against the District. Finally, McArdle alleged a state law tortious interference with contract claim against Defendant Mary Davis. All Defendants now seek summary judgment on these claims. Plaintiff, in her Response to the District’s Motion for Summary Judgment [# 68], seeks to voluntarily dismiss her claims against Ken Hinton and Thomas Broderick and her claim under the Whistleblower Act. In granting this voluntary dismissal, the Court will not consider the arguments made in Defendants’ Motion for Summary Judgment [# 58] on these claims, and the Court held oral arguments on the Motion on May 19, 2011 at 1:00 p.m. Plaintiff filed a Motion to Supplement [# 90] his argument, which this Court granted and afforded Defendants the opportunity to respond. The matter has been fully briefed. This Order follows.

DISCUSSION

Summary judgment should be granted where the “pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” FED. R. CIV. P. 56(c). The moving party has the responsibility of informing the Court of portions of the record or affidavits that demonstrate the absence of a triable issue. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party may meet its burden of showing an absence of material facts by demonstrating “that there is an absence of evidence to support the non-moving party’s case.” Id. at 325, 106 S.Ct. 2548. Any doubt as to the existence of a genuine issue for trial is resolved against the moving party. Anderson v. Liberty Lobby, Inc.,

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

Related

Rivera v. Guevara
319 F. Supp. 3d 1004 (E.D. Illinois, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
833 F. Supp. 2d 1020, 2011 WL 2214759, 2011 U.S. Dist. LEXIS 61585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcardle-v-peoria-school-district-no-150-ilcd-2011.