Werkheiser v. Pocono Township

210 F. Supp. 3d 633, 2016 U.S. Dist. LEXIS 133053, 2016 WL 5404567
CourtDistrict Court, M.D. Pennsylvania
DecidedSeptember 28, 2016
DocketCIVIL ACTION NO. 3:13-cv-1001
StatusPublished
Cited by4 cases

This text of 210 F. Supp. 3d 633 (Werkheiser v. Pocono Township) 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
Werkheiser v. Pocono Township, 210 F. Supp. 3d 633, 2016 U.S. Dist. LEXIS 133053, 2016 WL 5404567 (M.D. Pa. 2016).

Opinion

MEMORANDUM

A. Richard Caputo, United States District Judge

Presently before me is a Motion for Summary Judgment (Doc. 41) fled by Defendants Pocono Township, Frank Hess, and Henry Bengel (collectively “Defendants”). Plaintiff Harold Werkheiser was an elected Supervisor and also the appointed Roadmaster of Pocono Township. He contends that he was not reappointed as Roadmaster because he engaged in protected First Amendment conduct, and that his replacement was appointed in violation of Pennsylvania’s Second Class Township Code, 53 P.S. 65 § 601, and the Sunshine Act, 65 Pa. § 701 et seq. (See Doc. 7, Amended Complaint (“Am. Compl.”), ¶¶ 8-34). Because Plaintiffs speech was not constitutionally protected, Defendants’ motion for summary judgment will be granted as to Plaintiffs First Amendment claim, which will be dismissed with prejudice. Because the First Amendment claim set the basis for this Court’s jurisdiction, I will decline to exercise supplemental jurisdiction over Plaintiffs pendent state law claims and will dismiss them without prejudice.

I. Factual Background

Plaintiff was an elected official serving on the Board of Supervisors of Pocono Township in Monroe County, Pennsylvania. (Doc. 7, Amended Complaint (“Am. Compl.”), ¶¶ 2-3.) He was elected to a six-year term commencing in 2007 and expiring at the end of 2013. (Id. at ¶ 2.) During part of Plaintiffs tenure as Supervisor, Defendants Frank Hess and Henry Bengel also served on the three-member Board of Supervisors. (Id. at ¶ 4.)

Township Supervisors are permitted to hold separate positions of employment with the Township. (Id. at ¶ 6.) In 2008, Plaintiff was appointed Township Road-master and was reappointed to this position every year thereafter until 2013. (Id. at ¶ 7.)

In January 2012, Defendant Hess, who was Supervisor at the time, became temporarily disabled and took leave from the Township for ten days during which Mr. Frank Froio (“Froio”) took over his duties. (Id. at ¶ 12.) Despite opposition by Plaintiff, Froio was subsequently hired by the Township upon motion by Defendant Ben-gel and second by Defendant Hess. (Id. at ¶ 13.) As Froio’s position developed, Hess’s responsibilities and workload decreased. (Id. at ¶ 14.) Hess, however, continued to collect approximately the same compensation. (Id. at ¶ 15.) Plaintiff voiced his objection to the cost of Froio’s position to the Township and to the creation of a new position, which increased the Township’s expenses. He also objected to paying Hess, whose duties were being performed by Froio, as well as to the appointment of an outside grant-writer, who would be performing work that Plaintiff believed should be performed by Froio and Hess. (Id. at ¶ 16.)

According to the Complaint, because Plaintiff continued to voice his objections regarding Froio and other related Town[635]*635ship matters, in December 2012, Hess and Bengel decided not to reappoint Plaintiff as Roadmaster for the year 2013. (Id. at ¶¶ 14-16.) As a result of that decision, Plaintiff commenced an action in Pennsylvania state court. Defendants removed the action to federal court, and Plaintiff subsequently filed an amended complaint. In that complaint, Plaintiff asserted a claim for First Amendment retaliation and a state law claim under the Second Class Township Code and Pennsylvania Sunshine Law. (Am. Compl., at ¶¶ 8-34).

On May 31, 2013, Defendants filed a motion to dismiss both claims, asserting, among other things, that they were entitled to qualified immunity as to Plaintiffs First Amendment claim. (Doc. 9). Specifically, Hess and Bengel argued that they were entitled to qualified immunity because the law regarding Plaintiffs rights was not clearly established. I rejected this argument. Werkheiser v. Pocono Twp., 2013 U.S. Dist. LEXIS 111759, 2013 WL 4041856 (M.D. Pa., Aug. 8, 2013).

On March 6, 2015, the U.S. Court of Appeals for the Third Circuit vacated this Court’s decision and remanded the ease, holding, among other things, that Plaintiffs First Amendment rights as an elected official were not sufficiently defined to warrant denying qualified immunity. Werkheiser v. Pocono Twp., 780 F.3d 172, 183 (3d Cir.), cert. denied sub non. Werkheiser v. Pocono Twp., Penn., - U.S. -, 136 S.Ct. 404, 193 L.Ed.2d 315 (2015).

On April 15, 2016, Defendants filed the instant Motion for Summary Judgment (Doc. 41), which has been fully briefed and is now ripe for disposition.

II. Legal Standard

Summary judgment is appropriate under Fed. R. Civ. P. 56(c) when the moving party demonstrates that there is no genuine issue of material fact and the evidence establishes the moving party’s entitlement to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Carrasca v. Pomeroy, 313 F.3d 828, 832-33 (3d Cir. 2002). A factual dispute is genuine if a reasonable jury could return a verdict for the nonmovant, and it is material if, under the substantive law, it would affect the outcome of the suit. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Although entitled to the benefit of all justifiable inferences from the evidence, id. at 255, 106 S.Ct. 2505, the nonmoving party may not, in the face of a showing of a lack of a genuine issue, withstand summary judgment by resting on mere allegations or denials in the pleadings; rather, that party must set forth “specific facts showing that there is a genuine issue for trial,” else summary judgment, “if appropriate,” will be entered. Fed. R. Civ. P. 56(e). This is so because, “[i]n considering a motion for summary judgment, a district court may not make credibility determinations or engage in any weighing of the evidence.” Marino v. Indus. Crating Co., 358 F.3d 241, 247 (3d Cir. 2004) (quoting Anderson, 477 U.S. at 255, 106 S.Ct. 2505).

As such, a moving party is obligated to meet “the burden of supporting [its] motion! ] ‘with credible evidence.. .that would entitle [that party] to a directed verdict if not controverted at trial.’ ” In re Bressman, 327 F.3d 229, 237 (3d Cir. 2003) (quoting Celotex, 477 U.S. at 331, 106 S.Ct. 2548); see also United States v. Four Parcels of Real Prop., 941 F.2d 1428, 1438 (11th Cir. 1991) (“[T]he moving party. . .must show that, on all the essential elements of its case on which it bears the burden of proof at trial, no reasonable jury could find for the non-moving party.”) (emphasis removed, internal citations omitted). Once the moving party has satisfied its burden, the party opposing the motion must establish that a genuine issue as to a [636]*636material fact exists. See Jersey Cent. Power & Light Co. v. Lacey Twp., 772 F.2d 1103, 1109 (3d Cir. 1985).

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Bluebook (online)
210 F. Supp. 3d 633, 2016 U.S. Dist. LEXIS 133053, 2016 WL 5404567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werkheiser-v-pocono-township-pamd-2016.