Raleigh v. Pennsylvania Human Relations Commission

660 A.2d 177, 1995 Pa. Commw. LEXIS 269
CourtCommonwealth Court of Pennsylvania
DecidedJune 5, 1995
StatusPublished
Cited by6 cases

This text of 660 A.2d 177 (Raleigh v. Pennsylvania Human Relations Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raleigh v. Pennsylvania Human Relations Commission, 660 A.2d 177, 1995 Pa. Commw. LEXIS 269 (Pa. Ct. App. 1995).

Opinion

SMITH, Judge.

Before this Court are the preliminary objections in the nature of demurrer filed by the Pennsylvania Human Relations Commission (PHRC) to Furman Raleigh’s pro se petition seeking an order directing the PHRC to investigate his complaint of racial discrimination under the Pennsylvania Human Relations Act (Act), Act of October 27, 1955, P.L. 744, as amended, 43 P.S. §§ 951-962.2. The issues raised in the preliminary objections are whether Raleigh has stated a claim for the extraordinary relief in mandamus and whether his complaint conforms to the Pennsylvania Rules of Civil Procedure governing the contents of a complaint in mandamus.1

In his petition, Raleigh alleges that in 1993 he became aware of an August 1985 internal memorandum of Westinghouse Electric Corporation (Employer) which proves that Employer concealed facts from the PHRC of a specific incident where a white male participated in illegal activity and was not disciplined. Raleigh further alleges that Employer’s concealment of the facts was misleading and tolls the statute of limitation on his racial discrimination complaint. Raleigh notes that the courts have not ruled on whether Employer has shown the white male preferential treatment because of his race and asserts that the discrimination continues since the white male remains employed by Employer and Raleigh continues to be unemployed.2

In its brief in support of its preliminary objections and by way of background, the PHRC indicated that in a collateral matter Raleigh filed a complaint of racial discrimination with the PHRC after he was terminated from employment with Employer in 1984. The PHRC dismissed the complaint in January 1985 as it found no probable cause to credit the allegations. Raleigh pursued his allegations of racial discrimination against Employer in an action in the Court of Common Pleas of Allegheny County, which the [179]*179court dismissed as time barred. The trial court’s decision was upheld by the Pennsylvania Superior Court in Raleigh v. Westinghouse Elec. Corp., 379 Pa.Superior Ct. 606, 550 A.2d 1018 (1988), appeal denied, 522 Pa. 613, 563 A.2d 499 (1989).

Raleigh filed a second complaint with the PHRC in July 1993 alleging that Employer’s internal memorandum constituted newly discovered evidence in support of his original complaint. The PHRC dismissed this second complaint as untimely and Raleigh filed for reconsideration and requested a preliminary hearing. The PHRC denied Raleigh’s request in its letter dated May 10, 1994, and advised Raleigh that it reviewed his request and found that no facts or evidence were presented which were not considered or would alter the original finding. The letter also advised Raleigh that his case was closed and he had no further right of appeal with the PHRC but could file a complaint with the Court of Common Pleas pursuant to Section 12(c) of the Pennsylvania Human Relations Act, 43 P.S. § 962(e).

The PHRC argues that mandamus may only be granted to compel performance of a ministerial act or a mandatory duty where there exists a clear legal right in the plaintiff, and Raleigh’s petition is insufficient because he did not allege that the PHRC failed to perform any ministerial act or mandatory duty. The PHRC maintains that in investigating Raleigh’s complaints, it followed the appropriate procedures set forth in Section 9 of the Act, 43 P.S. § 959;3 and although Raleigh disagrees with the results of PHRC’s determinations, mandamus may not lie to direct the exercise of judgment or discretion nor to require an administrative process which was already completed.

This Court recently disposed of preliminary objections in the form of a demurrer to a request for mandamus in Sanders v. Pennsylvania Board of Probation and Parole, — Pa.Commonwealth Ct. -, -, 651 A.2d 663, 666 (1994). The Court observed that:

A mandamus is an extraordinary writ of common law, designed to compel performance of a ministerial act or mandatory duty where there exists a clear legal right in the plaintiff, a corresponding duty in the defendant, and want of any other adequate and appropriate remedy. (Citation omitted.) A court of law of competent jurisdiction issues a mandamus to a public official, board or municipality directing them to perform a particular duty which results from their official station or operation of law. (citation omitted). A mandamus will not lie to compel discretionary acts, (citations omitted).

When reviewing preliminary objections, all well-pleaded facts which are material and relevant must be considered as true. Zinc Corp. of America v. Department of Environmental Resources, 145 Pa.Commonwealth Ct. 363, 603 A.2d 288 (1992), aff'd, 533 Pa. 319, 623 A.2d 321 (1993). Preliminary objections shall be sustained only when they are clear and free from doubt. Id.

The PHRC has been granted broad discretion to determine whether a complaint presents probable cause to warrant its full consideration and investigation. Baker v. Pennsylvania Human Relations Commission, 507 Pa. 325, 489 A2d 1354 (1985). While a court may compel the exercise of discretion, mandamus may not lie to direct a judgment or the exercise of discretion in a particular way nor require the performance of a particular discretionary act. Pennsylvania Dental Ass’n v. Commonwealth of Pennsylvania Insurance Department, 512 Pa. 217, 516 A.2d 647 (1986). A decision by the PHRC not to pursue a discrimination claim is subject to limited review by this Court to determine whether the duties of the PHRC have been discharged “by the appropriate [180]*180officials in accordance with the statute and the [PHRC’s] own regulations.” Graves v. Pennsylvania Human Relations Commission, 160 Pa.Commonwealth Ct. 65, 70 n. 6, 634 A.2d 701, 703 n. 6 (1993) (citing Baker).

Raleigh has not pleaded facts sufficient to overcome the preliminary objections filed by the PHRC as he has failed to establish a clear right to relief in mandamus. While Raleigh requests this Court to order PHRC to reinvestigate his complaint, he does not allege that any official of the PHRC in any way failed to perform his or her statutory duties to investigate either of Raleigh’s complaints or that the PHRC has failed to follow its own regulations. See Section 7 of the Act which requires that the PHRC “initiate, receive, investigate and pass upon complaints charging unlawful discriminatory practices.” 43 P.S. § 957.

To the contrary, Raleigh’s allegations challenge the decisions rendered by the PHRC and as such represents an attempt to direct a particular judgment on the merits of his complaints or a review by this Court of the PHRC’s exercise of its discretion, rather than to support any grounds for the grant of mandamus. Pennsylvania Dental Ass’n (petition for mandamus must not be turned into a general writ of error or writ of review).

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

Related

Stefano, h/w v. Whitehall Borough and PennDOT
Commonwealth Court of Pennsylvania, 2024
Seguro Medico, LLC & A.W. Walsh v. M. Humphreys
Commonwealth Court of Pennsylvania, 2024
R.E. Grabowsky v. Borough of Whitehall, a PA Municipal Corp.
Commonwealth Court of Pennsylvania, 2020
T. Lawson v. PA DOC
Commonwealth Court of Pennsylvania, 2017
Aveline v. Pennsylvania Board of Probation & Parole
729 A.2d 1254 (Commonwealth Court of Pennsylvania, 1999)
Green v. Tioga County Board of Commissioners
661 A.2d 932 (Commonwealth Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
660 A.2d 177, 1995 Pa. Commw. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raleigh-v-pennsylvania-human-relations-commission-pacommwct-1995.