Zurchin v. Ambridge Area Sch. Dist.

300 F. Supp. 3d 681
CourtDistrict Court, W.D. Pennsylvania
DecidedJanuary 9, 2018
DocketCivil Action No. 17–836
StatusPublished
Cited by14 cases

This text of 300 F. Supp. 3d 681 (Zurchin v. Ambridge Area Sch. Dist.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zurchin v. Ambridge Area Sch. Dist., 300 F. Supp. 3d 681 (W.D. Pa. 2018).

Opinion

Nora Barry Fischer, United States District Judge

I. Introduction

Presently before the Court is a Motion to Dismiss and supporting brief filed by Defendants Robert Keber, Roger Kowal, and Kimberly Locher. (Docket Nos. 21, 22). Plaintiff has filed a response in opposition, to which Defendants replied. (Docket Nos. 30, 33). Also pending before the Court is a Motion to Dismiss and supporting brief filed by Defendant Megan Mealie. (Docket Nos. 24, 25). Plaintiff has filed a response in opposition, to which Mealie replied. (Docket Nos. 31, 32). After careful consideration of the parties' submissions; the allegations contained in Plaintiff's Complaint, (Docket No. [1] ); the standards governing motions to dismiss set forth by the Supreme Court in Bell Atl. Corp. v. Twombly , 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), and Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), and as articulated in Third Circuit precedent, see, e.g. , Connelly v. Lane Const. Corp. , 809 F.3d 780, 790 (3d Cir. 2016) ; and for the following reasons, Defendants Keber, Kowal, and Locher's Motion to Dismiss, (Docket No. [21] ), is GRANTED, in part, and DENIED, in part, without prejudice to the parties renewing their arguments at the motion for summary judgment stage of this matter, and Defendant Mealie's Motion to Dismiss, (Docket No. [24] ), is GRANTED, in part, and DENIED, in part, without prejudice *685to Defendant Mealie renewing her arguments at the motion for summary judgment stage of this matter.

II. Background

In her Complaint, Plaintiff alleges the following relevant facts, which the Court accepts as true for the purpose of deciding the pending motions to dismiss.

Plaintiff was hired as the Superintendent of Ambridge Area School District ("AASD") on March 20, 2013. (Docket No. 1 at ¶ 29). At the time of her hiring, several school board members opposed her selection and preferred to hire a male candidate who was a high school principal from the area. (Id. at ¶ 31). As a consequence of Plaintiff's hiring over the male candidate, Defendants Roger Kowal and Brian Padgett began a targeted retaliatory campaign to foster a hostile working environment and recruited other board members to further their discriminatory objective. (Id. at ¶¶ 36-37). The pattern of retaliation and creation of a hostile work environment was consistent and pervasive from the outset of Plaintiff's employment. (Id. at ¶ 39).

During a board meeting on June 12, 2013, Defendant Padgett screamed, "You mother fucker, you better watch yourself. I will go after you. You better watch yourself, you mother fucker," and "I will get you," at Plaintiff. (Id. at ¶¶ 42-44). Defendant Padgett was subdued by other board members, who separated him from Plaintiff. (Id. at ¶ 46). Defendant Kowal laughed during the threat and thereafter. (Id. at ¶ 47). After Plaintiff filed a police report on June 13, 2013, Defendant Padgett was charged with harassment and terroristic threats. (Id. at ¶ 51). After word circulated that Defendant Padgett was going to shoot Plaintiff at a future board meeting, police were present at subsequent board proceedings. (Id. at ¶¶ 52-53). Defendant Padgett concluded his term on the school board in November 2013 and pled guilty to the harassment charges in July 2014 after Plaintiff refused to withdraw the criminal complaint. (Id. at ¶¶ 54-56). After Defendant Padgett entered his plea, Defendant Kowal informed Plaintiff, "I will ruin you if it's the last thing I do; if it means ruining this school district." (Id. at ¶ 57). Concerted activity was thereafter undertaken by Defendants Kowal, Badgett, and Mealie for the purpose of causing harm to Plaintiff's professional reputation and employment. (Id. at ¶ 59). For example, Plaintiff was publicly and falsely accused of running a meth lab and engaging in Satanic worship. (Id. at ¶ 62). Defendants engaged in a deliberate, malicious, and ongoing pattern of abusive and threatening behavior to cause Plaintiff physical, emotional, and economic harm. (Id. at ¶ 63).

In September 2014, School Resource Officer Nate Smith mistreated and restrained without authorization J.H., an African American student with a documented disability. (Id. at ¶ 67). Based upon video surveillance and school policy, Plaintiff reported that incident to the Pennsylvania Department of Education, Bureau of Special Education, as an improper restraint and requested that the local police department remove Smith from his role as a School Resource Officer. (Id. at ¶¶ 68-74). After Defendant Kowal informed the police chief that he should not heed Plaintiff's concerns, Smith remained on school grounds. (Id. at ¶¶ 75-77). When Plaintiff suggested offering a summer school graduation ceremony for students with special needs, Defendant Locher stated, "Fuck those kids." (Id. at ¶¶ 77-78). Several board members directly interfered with Plaintiff's attempts to satisfy the rights of special needs students in an effort to force her resignation through an oppressive and retaliatory work environment. (Id. at ¶¶ 80-82).

*686In March 2015, Plaintiff advised the board that she had received a report that school district funds were being stolen by the Baden tax collector. (Id. at ¶ 83). Defendant Kowal, a personal friend of the auditors serving the district and tax collector, became defensive, verbally abusive, and challenged Plaintiff's need to report the information. (Id. at ¶¶ 84-86). The tax collector was convicted in federal court of mail fraud and filing false income tax returns. (Id. at ¶ 87). Plaintiff's report was met with animosity and hostility to create an oppressive work environment to compel her to resign or be terminated. (Id. at ¶ 88).

Also, in March 2015, a teacher filed a complaint, alleging that Defendant Mealie was subjecting her to sexual harassment by making unwelcome visits to her home. (Id. at ¶¶ 89-90). The teacher turned over sixty pages of text messages demonstrating that the harassment had occurred. (Id. at ¶ 91). Plaintiff suspended Defendant Mealie pending an investigation and participated as a witness in the district's independent investigation. (Id. at ¶¶ 92-93).

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300 F. Supp. 3d 681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zurchin-v-ambridge-area-sch-dist-pawd-2018.