Toth v. Bethel Township

268 F. Supp. 3d 725
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 24, 2017
DocketCIVIL ACTION No. 17-0429
StatusPublished
Cited by2 cases

This text of 268 F. Supp. 3d 725 (Toth v. Bethel Township) 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
Toth v. Bethel Township, 268 F. Supp. 3d 725 (E.D. Pa. 2017).

Opinion

MEMORANDUM

Gerald Austin McHugh, United States District Judge

This case involves a suburban township police officer who returned from maternity leave only to discover that she no longer had a job. Two years after becoming a Bethel Township police officer, Heather Toth became pregnant. After initially being denied her request for light duty, she took leave from work. Toth alleges that she did so based entirely on the assurance of her boss, Chief Tom Worrilow, that, she would be allowed to come back once she gave birth and was ready. But in fact, when Toth asked to come back, her job was gone, Toth has sued Bethel, as well as Worrilow and several other Bethel officials in their individual capacities, stylizing her core claim as one of procedural due process: Toth asserts she had a protected interest in her job and was deprived of that interest without constitutionally required procedures. She also brings a breach of contract claim against Bethel. Defendants collectively now move to dismiss all claims except the due process claim against Bethel. For the following reasons, I will grant Defendants’ motion, except as to the due process claim against Worrilow.

I. Background

Toth had been a full-time Bethel police officer for two years when she became pregnant. Soon after, in October 2014, she told her boss, Worrilow, and submitted to Bethel’s township supervisors a request for light duty accompanied by a doctor’s note. Her reques.t was denied; instead,. Toth was told (whether by a supervisor or Worrilow is unclear) that she should take leave because, as a pregnant woman, she was a “liability.” Taking leave would have the effect of making Toth eligible.for unemployment benefits. Much more impor[729]*729tant as to Toth’s decision whether to take leave, however, was that Worrilow promised her that if she did, once she was ready to return her job would still be waiting for her. Toth asked whether the board of supervisors, which oversees the, police department and is ultimately charged with making police personnel'decisions, would put that promise in writing. While Worri-low said no, he purportedly assured her that “they would not do anything illegal.” Relying on his initial promise, Toth worked her last day that November, and shortly after filed for unemployment and started receiving benefits.

Every January, Bethel’s board of supervisors meets to, among other things, appoint its police officers to one-year terms.1 Just prior to the 2015 meeting, Worrilow informed Toth (who was still on leave) that while the supervisors would not reappoint her this time around, it was merely a formality, and his promisé — that she would still have her job oncé she was done with maternity leave — still stood. When Toth offered to turn in her badge for the time being, Worrilow said that was unnecessary. And so, as expected, when the board — Chairman Michael Davey, Vice Chairman Ed Miles, and Supervisors Jean Stoyer, John Camero, and Todd Apple— voted to appoint the upcoming year’s police officers, Toth was not among those chosen. She was not given any statement of reasons why.

That May, Toth gave birth. In July, she spoke by phone with Detective Sergeant Ben Ash, who asked Toth if she would be able t'o return to work and parent at thé same time. Toth replied that she intended to fully resume her job duties; she also told Ash that his question was “inappropriate.” A few weeks later, Toth contacted Worrilow and said she was ready to return to work. Worrilow is alleged to have told her that, given changes to the police department’s job-application' process, Toth would need to undergo a psychiatric evaluation-and a-reference check. Toth did both. A few weeks later, however, after (for reasons seemingly not relevant here) Wor-rilow resigned as chief and Ash took his place as acting chief, Ash informed Toth that she would not be allowed to return. He did not-give a reason.

Toth then reached out to Vice Chairman Miles about not being rehired, but to her surprise, Miles told her that he thought she had already quit. Toth explained to Miles her leave arrangement with Worri-low, pointing out that she still had her badge. In response, Miles only suggested she talk to the township lawyer. A week later, Toth cleaned out her locker at work and returned her township belongings, including her badge. She also asked for her employment file — but alleges that when she received it, her initial doctor’s'note and light-duty request, as well as the results of her psychiatric evaluation and reference checks, were missing. Indeed, her file contained no information about her pregnancy or her' recent job application at all.

That October, Toth, now jobless, was told by Ash that he would resubmit her job . application.2 A month later, however, Toth again was informed that' she would not get her job back. And then, in December, came the death knell: Ash resubmitted Toth’s application one last time, and one last time, she was told, it was denied. Toth [730]*730began looking for a new job soon after, applying for several months before finally taking a lower-paying, non-law-enforcement position.

Toth has sued Bethel, as well as Worri-low and each of the other above-named individuals (the Officials), under 42 U.S.C. § 1983 for violating her procedural due process rights by removing her from her job without any sort of notice or a hearing. She also brings a claim against Bethel for breach of contract. Defendants now move to dismiss the claims against the Officials on the basis of qualified immunity, and the contract claim for failure to state a claim.

II. Standard of Review

On a motion to dismiss for failure to state a claim, my task is to determine whether, taking the plaintiffs factual allegations as true and disregarding her legal conclusions, she has stated a “plausible” claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Additionally, where a defendant-official moves to dismiss on the basis of qualified immunity, I must determine whether the plaintiff has “plead[ed] facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” Ashcroft v. al-Kidd, 563 U.S. 731, 735, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). In doing this, I must draw all factual inferences in favor of the plaintiff. George v. Rehiel, 738 F.3d 562, 571 (3d Cir. 2013). And because qualified immunity is an affirmative defense, the ultimate burden of proving it remains on the party claiming it. Halsey v. Pfeiffer, 750 F.3d 273, 288 (3d Cir. 2014).

III. Discussion

I conclude that all of Toth’s procedural due process claims will be dismissed except for the claim against Worrilow. I will also dismiss her breach of contract claim.

A. Procedural Due Process Claims Against the Officials

The Officials3 claim they are shielded from Toth’s procedural due process claims by qualified immunity. “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, — U.S. -, 137 S.Ct.

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268 F. Supp. 3d 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toth-v-bethel-township-paed-2017.