Smith v. Central Dauphin School District

355 F. App'x 658
CourtCourt of Appeals for the Third Circuit
DecidedDecember 11, 2009
DocketNo. 07-3822
StatusPublished
Cited by2 cases

This text of 355 F. App'x 658 (Smith v. Central Dauphin School District) 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
Smith v. Central Dauphin School District, 355 F. App'x 658 (3d Cir. 2009).

Opinion

OPINION OF THE COURT

JORDAN, Circuit Judge.

Appellant Vicki Smith filed a complaint in the United States District Court for the Middle District of Pennsylvania against the Central Dauphin School District, Barbara Hasson, Yvonne Hollins, and Richard Mazzatesta (collectively the “Appellees”) under 42 U.S.C. § 1983, alleging that Appellees violated her First Amendment right to free speech by retaliating against her for speaking about a matter of public concern. The District Court granted in part and denied in part two motions for summary judgment brought by Appellees. At trial, the District Court granted the Appellees’ Rule 50 motion for judgment as a matter of law (“JMOL”) on all but one of Smith’s claims, which was against Hasson. The jury then returned a verdict in favor of Hasson, and, pursuant to the District Court’s JMOL ruling and the jury verdict, the Clerk of the Court entered judgment in favor of all Appellees and against Smith.

On appeal, Smith claims that the District Court erred in granting summary judgment and JMOL because the Court improperly segregated her claims into discrete adverse employment actions, rather than analyzing Appellees’ conduct as a whole, and because the Court required proof that each defendant participated or acquiesced in each of the alleged acts of retaliation. Smith also argues that the District Court erred at trial by excluding the testimony of one of her witnesses. Because the outcome of the District Court proceedings is in all respects sound, we will affirm.

I. Factual Background

A. Smith’s Employment and Illness

Smith became a full-time, permanent employee of the Central Dauphin School District (the “School District”) in 1989, when she began teaching and coaching cross-country at old Central Dauphin High School (“old CDHS”).1 In August 2001, Smith began experiencing persistent symptoms of illness, including shortness of breath, fatigue, and joint problems. She began to suspect her illness was being caused by environmental conditions at old CDHS, so she contacted Tom Ferguson, her teachers’ union representative. Other teachers at old CDHS were also said to have contacted the teachers’ union to complain about environmental conditions at the school and the symptoms they were experiencing. As a result of the complaints, Barbara Hasson, the School District Superintendent, agreed to have Analytical Laboratory Services, Inc. (“ALSI”) test old CDHS for potential health hazards. Testing at old CDHS began on or around February 15, 2002.

Shortly before that, on February 7, 2002, Smith went on sick leave. Her symptoms had worsened during the 2001-02 school year, and she filed complaints [661]*661about the conditions at old CDHS with the Pennsylvania Departments of Labor and Health. In early to mid-March of 2002, the Harrisburg Patriot-News reported that mold had been discovered at old CDHS. In response to that press report, Hasson appeared on a local news broadcast, stating that old CDHS was safe and did not pose a health risk to students or teachers. Similarly, Richard Mazzatesta, the principal at old CDHS, assured members of old CDHS’s Parent-Teacher-Student Organization (“PTSO”) that ALSI’s tests showed that old CDHS was safe. ALSI’s testing concluded on March 25, 2002, and a final report of its findings was made publicly available on March 26, 2002. The report revealed that mold had, in fact, been found in the auditorium, a sign storage area, and a classroom.

B.Smith’s Return to Old CDHS

In April 2002, Smith’s doctors advised her to resume working at old CDHS, as a test so that they could determine whether the conditions there would aggravate her condition. Prior to Smith going on sick leave on February 7, 2002, Hasson had received complaints from students and teachers that Smith was discussing the old CDHS conditions and her health concerns during class. Accordingly, when Hasson learned that Smith would be returning to old CDHS, she sent a memorandum to Mazzatesta and to Yvonne Hollins, the School District’s Assistant Superintendent for Secondary Education, instructing them to meet with Smith and tell her to teach only the curriculum. When Smith arrived at work on the morning of April 29, 2002, Mazzatesta and Hollins spoke with Smith as Hasson had directed.

Smith’s symptoms reappeared within twenty-four hours of returning to old CDHS, and she once again went on medical Lave on May 16, 2002, on the advice of her physicians. The School District transferred Smith from old CDHS to Linglestown Junior High School (“LJHS”) for the 2002-03 school year, which was believed to be an environmentally safe place for her to teach, since it was a newer building and had recently undergone procedures for mold removal, a process known as “remediation.”

C. Smith’s Press Release and Mazzatesta’s Conversation with Hoachlander

On June 12, 2002, Smith issued a press release, which a newspaper turned into an article with the headline, “Local Teacher Breaks Silence on Toxic Mold In C.D. High.” In the article, Smith discussed her health problems, her complaints to the Departments of Labor and Health, and her belief that the School District had turned a blind eye to the health concerns of its teachers and students.

After the press release, Mazzatesta spoke with Debra Hoachlander, a parent member of the PTSO. She told Mazzatesta that Smith had been sending her e-mails about the environmental conditions at old CDHS. According to Hoachlander, Mazzatesta replied that, in his opinion, Smith was spreading falsehoods through the media about the conditions at old CDHS. Smith also claims that Mazzatesta asked Hoachlander to forward Smith’s emails to him, and offered to view Smith’s e-mails on Hoachlander’s home computer. Mazzatesta testified at trial that he simply told Hoachlander he would be willing to look at the e-mails if Hoachlander so desired. He vehemently denied ever offering go to Hoachlander’s house to view the e-mails.

D. LJHS and the Family Medical Leave Act

After Smith was transferred to LJHS for the 2002-03 school year, mold was [662]*662discovered on that campus as well. Although the mold was discovered on June 14, 2002, Hasson did not inform Smith of the mold at LJHS until September 27, 2002, when the School District was in the process of remediating the affected area. Smith continued teaching at LJHS through the 2002-03 school year, but she was still experiencing health problems. Smith’s doctors informed her and Hasson of their concern that neither CDHS nor LJHS were safe environments for Smith, and they advised that Smith not return to either school. During the summer of 2003, Ferguson, the union representative, began discussing with Hasson and Hollins alternative work arrangements for Smith. During those discussions, Hollins mentioned the possibility of Smith requesting benefits under the Family Medical Leave Act (“FMLA”), but Ferguson informed Hollins that an FMLA solution was not in Smith’s best interests and that Smith wanted to continue to teach. By the end of August 2003, the School District was convinced that it did not have a suitable alternative position for Smith for the 2003-04 school year.

On August 25, 2003, the School Board approved FMLA leave for Smith, despite Smith’s never having requested such leave.

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Cite This Page — Counsel Stack

Bluebook (online)
355 F. App'x 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-central-dauphin-school-district-ca3-2009.