Spencer v. Pottstown Sch. Dist.

292 F. Supp. 3d 635
CourtDistrict Court, E.D. Pennsylvania
DecidedFebruary 13, 2018
DocketCiv. No. 16–5841
StatusPublished
Cited by1 cases

This text of 292 F. Supp. 3d 635 (Spencer v. Pottstown Sch. Dist.) 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
Spencer v. Pottstown Sch. Dist., 292 F. Supp. 3d 635 (E.D. Pa. 2018).

Opinion

Diamond, District Judge

In this race discrimination action, Defendant Pottstown School District asks me to preclude Plaintiff Robert O. Spencer from using documents he purloined from Pottstown's computer system. Because the credible evidence overwhelmingly confirms Spencer's wrongdoing, I will grant the Motion and order Plaintiff to return the documents to the School District.

PROCEDURAL BACKGROUND

While serving as Pottstown's Network Administrator, Plaintiff, who is African-American, filed an EEOC charge on March 8, 2016, after Richard Hug, a Caucasian, was hired to serve as Director of Technology when Plaintiff was not promoted to that position. (Am. Compl. ¶ 32, Doc. No. 13; Pl.'s Proposed Find'gs Fact and *637Concls. Law ¶¶ 3, 7, Doc. No. 101; Def.'s Proposed Find'gs Fact and Concls. Law ¶ 1, Doc. No. 102.) In investigating this charge, Pottstown authorized Plaintiff to search Human Resources Director Stephen Rodriguez's email account to retrieve documents that Plaintiff said supported his discrimination claim. (Mem. of Law for Def's Mot. to Prohibit 6 n.9, Doc. No. 23-1; Pl.'s Proposed Find'gs Fact and Concls. Law ¶¶ 8-13, 25; Def.'s Proposed Find'gs Fact and Concls. Law ¶¶ 4-5.) The crux of the instant dispute is the scope of that authorization.

On November 10, 2016, Plaintiff brought suit in this Court. (Compl., Doc. No. 1; Def.'s Proposed Find'gs Fact and Concls. Law ¶ 6); see also Civil Rights Act of 1964, 42 U.S.C. § 2000e. During discovery, Plaintiff produced 57 pages of documents that Pottstown believes confirm that Plaintiff had surreptitiously and improperly obtained "multiple documents from [Pottstown's computer] network." (Mem. of Law for Def's Mot. to Prohibit 2; Def.'s Proposed Find'gs Fact and Concls. Law ¶ 11.) Pottstown moves to preclude Plaintiff's use of the following eight categories of documents that Plaintiff improperly obtained:

1) Emails sent and received among Pottstown, its solicitor, and defense counsel relating to the instant action (P110-P121, P126) (Doc. No. 64) ;
2) An Educator Misconduct Complaint made against a former Pottstown employee and related emails and memoranda (P10, P61-P63, P106-P109);
3) "Minutes of private executive sessions of [Pottstown's] Joint Finance/Personnel Committee ('Committee') to discuss matters such as personnel and litigation-including a discussion of the candidate [Hug], and defense counsel [Levin's] discussion of [Plaintiff's] filed claim of discrimination" (P36-37, P41, P43-44, P46-47);
4) Emails written by Rodriguez and sent to himself comprised of "comments for himself to make in executive session to the Committee concerning candidate [Hug]" and "agenda and executive session items, together with a reply email from [Pottstown's] Superintendent" (P105, P123-P124);
5) A memorandum from Levin and other members of Pottstown's "Litigation Hold Team" addressing the instant litigation and resulting document and information retention requirements (P64-P66; P75-P77);
6) An email exchange between Rodriguez and the Superintendent setting out Rodriguez's belief that Plaintiff may sue Pottstown (P125);
7) Pottstown's draft EEOC position statement prepared by counsel (P229-P232); and
8) A resume submitted to Pottstown for its Superintendent vacancy (P7-P9).

(Mem. of Law for Def's Mot. to Prohibit 2-6; Pl.'s Resp. to Def.'s Mot. 5-6, Doc. No. 29.)

Pottstown has added to this list nine additional documents that Plaintiff subsequently produced in discovery: duplicates of materials in categories 3 and 5, and three additional pages of minutes from the Finance/Personnel Committee executive sessions. (Def.'s Mot. to Prohibit, Doc. No. 23; Def.'s Letter Am'g Def's Mot. to Prohibit, Doc. No. 60 (listing P539-P540, P550-P552, P555-P557, P585-P587 as additional documents to be precluded).)

I conducted an evidentiary hearing to resolve the Parties' factual disputes respecting the scope of Plaintiff's search authorization and so determine what, if any, *638sanction or remedy should be ordered. (See Sept. 13, 2017 Hr'g Tr., Doc. No. 70; Nov. 14, 2017 Hr'g Tr., Doc. No. 95; Nov. 22, 2017 Hr'g Tr., Doc. No. 100.) The Parties have submitted Proposed Findings of Fact and Conclusions of Law, as well as further Responses.

FINDINGS OF FACT

The evidentiary hearing before me took place over three days. After it became likely that defense counsel Michael Levin would testify, he withdrew from the case and was replaced by a lawyer from another firm. (Doc. Nos. 96-97); see also Pa. Code of Prof'l Responsibility R. 1.7, 3.7. In all, Plaintiff, Principal Matthew Moyer, and Levin testified before me. The testimony of Levin and Moyer was credible, persuasive, and corroborated by documentary evidence. I discredit almost entirely Plaintiff's ever-changing, evasive, and dishonest version of events. Having reviewed all the evidence and submissions, I make the following factual findings.

A. Internal Investigation

Upon receiving notice of Plaintiff's EEOC charge, Pottstown, following School District policy, conducted an internal investigation of the matter. (Mem. of Law for Def's Mot. to Prohibit 6 n.9; Def.'s Proposed Find'gs Fact and Concls. Law ¶¶ 4-5.) Elementary School Principal Matthew Moyer was appointed to conduct the investigation with the assistance of Mr. Levin. (Nov. 14, 2017 Hr'g Tr. 16:8-10; Def.'s Proposed Find'gs Fact and Concls. Law ¶¶ 4-5.) Follow Pottstown's established practice, Moyer and Levin conducted transcribed interviews of Plaintiff, which took place on April 19, 2016 and May 19, 2016. (Id.; Pl.'s Proposed Find'gs Fact and Concls. Law ¶¶ 8, 9, 11, 12; see also Apr. 19, 2016 Interview Tr., Ex. A, Doc. Nos. 29-3, 29-4, 29-5, 29-6; May 19, 2016 Interview Tr., Ex. B, Doc. Nos. 29-7, 29-8, 29-9.)

During the April 19 interview, Plaintiff informed Moyer and Levin that, on February 25, 2016, while helping then-Human Resources Director Stephen Rodriguez with an email problem, Plaintiff saw, but did not copy, two emails caught in Rodriguez's inbox that Plaintiff said proved that Hug had lied to Pottstown respecting why he had left his previous job. (Sept. 13, 2017 Hr'g, Ex. D44; Sept. 13, 2017 Hr'g Tr. 71:1-4, 72:19-25; Nov. 14, 2017 Hr'g Tr. 6:17-25; Nov. 22, 2017 Hr'g Tr. 13:14-14:17; Apr. 19, 2016 Interview Tr. 55:14-56:15, 78:5-23 ("I know for a fact that Stephen Rodriguez has emails of Rich Hug asking his reference to make a false reason for his release. And I also know that Steve Rodriguez has emails of knowing that his recommendation said don't worry. I'll try to make this reference positive.").) Levin told Plaintiff: "I would like you, and I'm asking you as Counsel for the school district, to print those out." (Apr. 19, 2016 Interview Tr. 56:21-23.) Plaintiff responded that under School District policy, he could not access another employee's email account "unless appropriate persons were to tell me to"; Plaintiff requested "a full statement" of permission. (Id. at 56:24-57:1, 57:8-9; Nov. 22, 2017 H'rg Tr.

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292 F. Supp. 3d 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-pottstown-sch-dist-paed-2018.