Sanguigni v. Pittsburgh Board of Public Education

968 F.2d 393
CourtCourt of Appeals for the Third Circuit
DecidedJuly 1, 1992
DocketNo. 91-3491
StatusPublished
Cited by9 cases

This text of 968 F.2d 393 (Sanguigni v. Pittsburgh Board of Public Education) 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
Sanguigni v. Pittsburgh Board of Public Education, 968 F.2d 393 (3d Cir. 1992).

Opinion

OPINION OF THE COURT

ALITO, Circuit Judge:

Phyllis J. Sanguigni, a public high school teacher, filed this action against the school board and various school officials, alleging that she had lost her coaching positions and had been penalized in other ways for publishing certain statements in a faculty newsletter. She asserted First Amendment and due process claims, as well as pendent state claims. The district court dismissed her complaint for failure to state a claim. We hold that the statements in question do not pertain to matters of “public concern” under Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983), and related cases and that Sanguig-ni did not adequately allege that she had a property interest in her coaching positions. We therefore affirm.

I.

These are the relevant facts that were alleged in the complaint.1 Sanguigni is a tenured health and physical education teacher at Taylor Allderdice High School in Pittsburgh. While at Taylor Allderdice, Sanguigni has coached various athletic teams and has been president of the Faculty Association, an organization of Taylor Allderdice staff members. According to Sanguigni’s complaint, the Association “had been primarily a social group” but has “broadened [its] purpose” and “has become responsive to professional problems facing the professional and non-professional staff.” App. at 8a.

The statements that form the basis of Sanguigni’s complaint appeared in an April 1989 edition of the Association’s newsletter, the “Faculty Update.” A copy of this publication was appended as an exhibit to Sanguigni’s complaint. Because we must assess “the content, form, and context” of Sanguigni’s statements, Connick, 461 U.S. at 147-148, 103 S.Ct. at 1690-91, we must describe the newsletter in some detail.

The newsletter was a one and one-half page typewritten document, consisting of nine paragraphs. Paragraph one expressed sympathy for several staff members whose relatives had died. Paragraph two recounted that Mrs. Barbara Shuty had received the “extra effort button” and requested recommendations for future “extra effort button” recipients. Paragraph three, which contained the statements at issue in this case, read as follows:

We offered a few months back a bit on RETIREMENT WITH DIGNITY ... it seems we need to add another moral support pitch for all concerned. Believe us if you or any staff member needs support to make your day at ALLDERD-ICE, feel free to contact an officer of the ASSOCIATION ... It again has been called to our attention staff members are being put under undue stress. There must be a way to CORRECT this situation. We can not understand why some fellow teachers have had such bad luck this year and leave the building with such low esteem. We want you to know this issue is one of our priorities in making the difference this year at ALLD-ERDICE. If you can help us get to the bottom of the problem, PLEASE, PLEASE see us NOW. We want you to be a part of the good that exists here at ALLDERDICE. Maybe we can take the words of Thomas Jefferson and rephrase them for us now ... “the care of human life and happiness and NOT THEIR DESTRUCTION the first and only legitimate object of good government” ... good teaching, good education, good conferences???

App. at 10a.

Paragraph four listed the March bingo winners and discussed plans for the upcoming “April showers bingo.” Paragraph five admonished staff members to submit their menu selections for the June faculty [396]*396luncheon and to join the PTA. Paragraph six congratulated Mr. Joe Foytick for winning employee-of-the-month honors. Paragraph seven advised any employees considering retirement to notify an Association officer so that the Association can “make [the employee's last] day special.” Paragraph eight discussed nominations for Association officers, and paragraph nine thanked the Sunshine Committee. The newsletter was signed by Sanguigni and three others.

Sanguigni’s complaint alleged that she had written paragraph three, which was quoted above, “to state her opposition to the pattern of harassment, oppression and retaliation that exists in the school, and encourage the organization of opposition to and collective action against such unlawful conduct.” The complaint charged that in recent years faculty morale has been poor because Principal William Fisher, assisted by Vice Principal Ann Bihary, has made false retaliatory accusations of misconduct against any teacher who criticized Fisher. The complaint alleged that Fisher’s conduct is condoned and encouraged by the Pittsburgh Board of Education, its superintendent, Richard Wallace, and its director of personnel, Lee Nicklos.

The complaint alleged that Fisher and Bihary “understood the statements in the newsletter as criticisms of them” and that they immediately attacked Sanguigni in retaliation. According to the complaint, Fisher, with Wallace’s encouragement, gave Sanguigni unsatisfactory ratings for her performance as basketball and softball coach during the 1988-1989 school year and eventually removed her from her coaching positions. The complaint further charged that Fisher and Bihary continuously harassed and threatened Sanguigni, causing her much stress and anxiety. Moreover, Sanguigni alleged, Fisher gave her a “satisfactory/below average” rating for her teaching performance during the 1989-1990 school year and appeared bent on causing her to quit or be fired from her teaching position. Sanguigni stated that she complained about this unfair treatment to Nicklos but that Nicklos ignored her evidence.

Sanguigni filed this action in the district court against the Pittsburgh Board of Education, Fisher, Wallace, Nicklos, and Bihary, alleging that the defendants had violated her rights to freedom of speech, freedom of association, and due process. She also asserted various pendent state claims. As previously noted, the district court dismissed the action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. The district court held that under Connick v. Myers, supra, Sanguigni’s statements were not a matter of public concern and were therefore not protected by the First Amendment. The could also held that there had been no violation of Sanguigni’s due process rights because she had no property right in her coaching position. Sanguigni appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291.

II.

A. We turn first to Sanguigni’s claim that the defendants violated her right to freedom of speech by penalizing her for statements made in the newsletter. Of course, the day has long since passed when individuals surrendered their right to freedom of speech by accepting public employment. See Connick, 461 U.S. at 143-44, 103 S.Ct. at 1688-89; Pickering v. Board of Education, 391 U.S. 563, 568, 88 S.Ct. 1731, 1734, 20 L.Ed.2d 811 (1968). Today, public employees enjoy substantial free speech rights, as the Supreme Court’s decision in Rankin v. McPherson, 483 U.S. 378, 107 S.Ct. 2891, 97 L.Ed.2d 315 (1987), strikingly illustrates.

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Sanguigni v. Pittsburgh Board Of Public Education
968 F.2d 393 (Third Circuit, 1992)

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968 F.2d 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanguigni-v-pittsburgh-board-of-public-education-ca3-1992.