Sabatini v. Reinstein

222 F. Supp. 3d 444, 2016 U.S. Dist. LEXIS 141524, 2016 WL 8716594
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 7, 2016
DocketCIVIL ACTION NO. 99-2393
StatusPublished
Cited by1 cases

This text of 222 F. Supp. 3d 444 (Sabatini v. Reinstein) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sabatini v. Reinstein, 222 F. Supp. 3d 444, 2016 U.S. Dist. LEXIS 141524, 2016 WL 8716594 (E.D. Pa. 2016).

Opinion

MEMORANDUM

R. BARCLAY SURRICK, Judge.

Plaintiff Donald S. Sabatini has filed several complaints asserting claims pursuant to 42 U.S.C. § 1983 and the Pennsylvania Constitution against Defendants Robert J. Reinstein, as the Dean of the James E. Beasley School of Law (“Reinstein”); the James E. Beasley School of Law of Temple University (“Law School”); and Temple University (“Temple” or “University”). (ECF Nos. 1, 4,10.)1 Plaintiff alleges that the Campus Police Department (“CPD”) prevented him from distributing leaflets during the Law School graduation ceremonies because the leaflets were critical of Reinstein and the Law School.2 While Plaintiff initially sought to pursue various state and federal constitutional theories against Defendants related to the 1997, 1998, 1999 and 2000 graduation ceremonies, only his First Amendment claims against the Law School and Temple University regarding the 1997 and 1998 commencement exercises survived Defendants’ motions for summary judgment.3

A bench trial was held to determine whether Defendants violated Plaintiffs First Amendment rights during the 1997 and 1998 Law School graduation ceremonies. Based upon the credible evidence and testimony presented during the trial, we [447]*447make the following findings of fact and conclusions of law.

I.FINDINGS OF FACT

A. Background
1. Plaintiff enrolled as an evening student at the Law School in the fall of 1992 and became a full-time student in the fall of 1993. (Tr. 6/29/04 at 15.)
2. While a student at the Law School, Plaintiff was a member of the Western Heritage Society (“WHS”), a “politically conservative group.” (Id.)
3. Lincoln Herbert was a founding member of WHS and was president of the organization until he was suspended in 1994. (Id. at 23.)
4. Plaintiff served as vice president and president of WHS. (Id. at 20.)
5. The University had an Open Forum (Free Speech) Policy that addresses the speech rights of individuals on its property. “The purpose of this policy is to restate fundamental First Amendment principles, which is the way the University has operated historically.” (Tr. Ex. D-l.) Under the terms of the policy,
[T]he University may not suppress ideas, speech or debate because it considers them offensive. It may, of course, regulate conduct associated with speech to insure [sic] that violence or other illegal acts do not occur. In an extreme situation, speech can itself be prohibited if it is evident that there would be a clear and present danger of violence or other illegal act. The University may also regulate the time, place and manner that its facilities are used, for the convenience of students, faculty, and staff. There are places in the University which are used for purposes incompatible with their being opened as a “public forum.” Time, place and manner restrictions must be applied reasonably and not for the purpose of discriminating against certain persons or groups be-cuase [sic] of the content of the message they wish to convey.
(Id.)
B. CPD Enforcement of the Open Forum (Free Speech) Policy
6. The CPD is not under the authority of Reinstein or the Law School. (Tr. 6/29/04 at 110, 206.)
7. The CPD was required to comply with the University’s Open Forum (Free Speech) Policy regarding speech activities on University property. (Id. at 111, 113-14.)
8. According to Robert Lowell, head of the CPD Investigations Unit, the University policy regarding free speech rights is “that we cannot discriminate, that we have to allow people to express their opinions but we also have to take and can take into consideration time, place and manner.” (Id. at 111.)
9. While the CPD retains discretion regarding time, place, and manner restrictions, officers may not restrict a person’s ability to distribute information based on the content of that information. (Id. at 114.)
10. Lowell “wanted to make sure that everyone is treated consistently,...” (Id. at 117.)
11. No specific written policy was given to the CPD officers that instructed them about how to deal with individuals seeking to express their First Amendment rights on University property. (Id. at 162-63.)
12. The Open Forum (Free Speech) Policy was not given to William Bergman, former Managing Di[448]*448rector for Public Safety. Rather, he was told about the policy. (Id. at 161.)
13. Denise Wilhelm, a CPD officer who supervises approximately eighty (80) officers, did not receive a written copy of the Open Forum (Free Speech) Policy, (Id. at 169,179-80.)
14. Allen Hulmes, who was a CPD detective, was unaware of a written policy regarding freedom of expression on University property. He applied a policy based on past practice. (Id. at 182,186.)
15. According to Lowell, “the policy is a very wide policy, it doesn’t describe in particularity anything other than university facilities.” He interpreted the term “facilities” to include the steps and veranda of a University building. (Id. at 129-30.) According to Lowell, protests are protected on walkways that are fully on University property, or at least that the CPD has “allowed groups to demonstrate on those public areas or on those university walkways, but not on the steps or verandas of any of the buildings that are adjacent to them.” (Id. at 132.)
16. Bergman believed that “[t]he policy was that protestors or leafletters were permitted to do whatever they wanted on the city streets and pavements. And that, in fact, if they wanted to come in the building or on a [University] property, they would have to receive prior permission.” (Id. at 145.)
17. During Temple’s commencement exercises in 1997 and 1998, different ceremonies were held successively. Several thousand people could be leaving a graduation ceremony while several thousand other people were preparing to attend the next one. (Id. at 117.)
18. The CPD generally does not allow anybody to distribute written materials on University property during graduation events that are not related to the commencement exercises themselves. (Id. at 27, 113.)
19. The University’s general policy against allowing individuals to distribute materials at Temple events, such as graduation, is intended to ensure that those attending the events can enter and exit the buildings safely, and vwthout incident. (Id. at 117,146,171.)
20. Lowell and Bergman were not aware of anyone being permitted to distribute materials during graduation ceremonies at McGonigle Hall or the Apollo building that were not related to the graduation. (Id. at 125,152.)
C.

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Bluebook (online)
222 F. Supp. 3d 444, 2016 U.S. Dist. LEXIS 141524, 2016 WL 8716594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabatini-v-reinstein-paed-2016.