Scicchitano v. County of Northumberland

112 F. Supp. 3d 293, 2015 U.S. Dist. LEXIS 82945, 2015 WL 3932583
CourtDistrict Court, M.D. Pennsylvania
DecidedJune 26, 2015
DocketCiv. No. 4:15-CV-00852
StatusPublished
Cited by3 cases

This text of 112 F. Supp. 3d 293 (Scicchitano v. County of Northumberland) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scicchitano v. County of Northumberland, 112 F. Supp. 3d 293, 2015 U.S. Dist. LEXIS 82945, 2015 WL 3932583 (M.D. Pa. 2015).

Opinion

MEMORANDUM

MATTHEW W. BRANN, District Judge.

Pending before this Court is a Motion for a Preliminary Injunction (ECF No. 5) filed by Plaintiffs Dwayne Scicchitano, Pamela Bollinger, Robert McAndrew, David-Yakoboski, Barry Scheitzer, James Bressi and Albert Benedict on May 8, 2015. Plaintiffs seek injunctive relief to prevent Defendants Northumberland County, Vinny Clausi, and Stephen Bridy from eliminating the Northumberland County Department of Weatherization in violation of their First Amendment freedom of association rights. Following an expedited briefing schedule, this matter is now ripe for the Court’s consideration. For the following reasons, the motion will be granted.

I.BACKGROUND

This case arises from a vote of the Northumberland County Commissioners during a public meeting in April 2015 to eliminate and outsource the County’s Department of Weatherization. During that meeting two of the three county commissioners voted in favor of eliminating the program with the intent to outsource it SEDA-COG, a private entity that administers weatherization services to seven other Pennsylvania' counties. Those two commissioners, Stephen Bridy and Vinny Clausi, have been named as Defendants in this action. At the time of the evidentia-ry hearing before this Court, Defendants had not yet entered into & contract with SEDA-COG.

The Plaintiffs in this action are seven employees of the Department of Weatherization, which is a unionized department of Northumberland County. For the purposes of the instant motion, Plaintiffs assert that Defendant Clausi voted to eliminate the department on the basis of their union activity, which is protected activity under the First Amendment of the Constitution of the United States. Plaintiffs are seeking a preliminary .injunction that would return all parties to the status quo, as.if the April 2015 vote had never occurred. They further request that. this Court order Defendants to apply for funding for -the Weatherization- Department.

II. PRELIMINARY INJUNCTION STANDARD

“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Resources Defense Council, 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). A party seeking a preliminary' injunction must establish four factors: (1) a reasonable probability of success on the merits of their argument; (2) irreparable harm to the movant in the absence of relief; (3) granting the preliminary injunction will not result in greater harm to the nonmoving party; and (4) the public interest favors granting the injunction. See American Exp. Travel Related Services, Inc. v. Sidamon-Eristoff, 669 F.3d 359, 366 (3d Cir.2012).

III. DISCUSSION

A. Plaintiffs’§ 1983 Claim Against the Individual Defendants

Defendants first argue that Plaintiffs are .unable to demonstrate a likelihood of success on the merits of their claim under 42 U.S.C. § 1983 because the actions of its two county commissioners, Defendants Clausi and Bridy, enjoy an absolute legislative immunity. Plaintiffs counter that Defendants’ act in voting to eliminate the weatherization department is not entitled to immunity because it was not proeedur[298]*298ally legislative; rather, they argue, a procedurally legislative action requires the enactment of an ordinance rather than simply taking a vote.

Local legislators are absolutely immune from liability for their legislative activities. See In re Montgomery County, 215 F.3d 367, 376 (3d Cir.2000) (quoting Bogan v. Scott-Harris, 523 U.S. 44, 49, 118 S.Ct. 966, 140 L.Ed.2d 79 (1998)). However, to be entitled to legislative immunity, the act taken-must be both substantively and procedurally legislative in nature. See id. (citing Carver v. Foerster, 102 F.3d 96, 100 (3d Cir.1996)). An act is considered substantively legislative.if it involves policy-making of a general purpose or line-drawing. See Ryan v. Burlington County, 889 F.2d 1286, 1290 (3d Cir.1989). It is procedurally legislative if it is passed “by means of established legislative procedures.” Carver, 102 F.3d at 100. “This principle requires that constitutionally accepted procedures of enacting the legislation must be followed in order to assure that the act is a legitimate, reasoned decision representing the will of the people which the governing body has been chosen to serve.” Gallas v. Supreme Court of Pennsylvania, 211 F.3d 760, 774 (3d Cir.2000). “Whether an act is legislative turns on the nature of the act, rather than on the motive or intent of the official performing it.” Bogan, 523 U.S. at 54, 118 S.Ct. 966.

A review of the, relevant case law satisfies this Court that Defendants’ actions were substantively legislative. In Bogan v. Scott-Harris, the act at issue involved the elimination of the plaintiffs position as part of a larger downsizing effort. Bogan, 523 U.S. at 46, 118 S.Ct. 966. The Supreme Court of the United States determined that such an action was substantively legislative, holding, “The ordinance reflected a discretionary, policy-making decision implicating the budgetary priorities of the city and the services the city provides to its constituents. Moreover, it involved the termination of a position, which, unlike the hiring or firing of a particular employee, may have prospective implications that reach well beyond the particular occupant of the office.” Id. at 55-56, 118 S.Ct. 966.

Conversely, in In re Montgomery County, the act-at issue targeted a particular employee Whose job was terminated although not his ' position. The United States Court of Appeals for the Third Circuit distinguished this situation, holding, “Firing a particular employee is a personnel decision that does not involve general policy making. Appellants’ firing, of Wright did not reach beyond the particular occupant of the office. Nor was their action -an integral step in the legislative process.” In re Montgomery County, 215 F.3d at 377 (quoting Bogan, 523 U.S. at 55-56, 118 S.Ct. 966). Accordingly, the Third Circuit determined that such an action could not be considered substantively legislative and the decision-makers were not entitled to immunity on that decision.

Based on the information currently before the Court, the situation at hand appears to be more analogous to that of Bogan, given that the entire weatherization department was eliminated from the County government with its resulting privatization. It is likely that Defendants’ decision to eliminate the Weatherization Department involved “a matter of general policy, applicable to a variety of, circumstances” and “a range of County employees.” In re Montgomery County, 215 F.3d at 376.

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112 F. Supp. 3d 293, 2015 U.S. Dist. LEXIS 82945, 2015 WL 3932583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scicchitano-v-county-of-northumberland-pamd-2015.