Bonilla v. City of Allentown

359 F.Supp.3d 281

Aurellio BONILLA, Plaintiff,

v.CITY OF ALLENTOWN; City of Allentown Police Pension Fund Association; Ed Pawloski; Juilo Guridy; Ray O'Connell; Joe Davis; Jeanette Eichenwald; Daryl L. Hendricks; Cynthia Mota; Peter Schweyer; Garret Stratheam; Mary Ellen Koval; Louis Collins ; Ibolya Balog ; James Gress; Ryan Koons; Jeff Glazier; Michael Williams; and Eduardo Eichenwald, Defendants.

No. 5:14-cv-05212

United States District Court, E.D. Pennsylvania.

Filed February 13, 2019

Amended April 19, 2019

Brian M. Puricelli, Law Offices of Brian Puricelli, Warrington, PA, for Plaintiff.

Steven E. Hoffman, Edward J. Easterly, Norris McLaughlin, P.A., Allentown, PA Douglas J. Smillie, Emil W. Kantra, II, Gretchen Lynn Geisser, Jacob M. Sitman, Fitzpatrick Lentz & Bubba PC, Center Valley, PA, for Defendants.

O P I N I O N

City Defendants' Motion to Dismiss, ECF No. 5 – Granted in Part Pension Board Defendants' Motion to Dismiss, ECF No. 6 – Granted in Part Pension Board Defendants' Supplemental Motion to Dismiss, ECF No. 28 – Granted City Defendants' Motion for Summary Judgment, ECF No. 50 – Granted in Part Bonilla's Motion for Partial Summary Judgment, ECF No. 51 – Denied City Defendants' Motions in Limine, ECF Nos. 53-54 – Dismissed as Moot

JOSEPH F. LEESON, JR., United States District Judge

I. INTRODUCTION

Plaintiff Aurelio Bonilla, a former police officer with the City of Allentown, settled an employment-discrimination lawsuit against the City in 2013. Whether Bonilla would receive a disability pension was discussed during the settlement negotiations. Since that time, the City of Allentown Police's Pension Fund Association ("Pension Board" or "Board") denied Bonilla's application for a disability pension. Bonilla thereafter initiated the above-captioned action for damages, equitable relief, and declaratory relief. After the instant action was filed, however, the state court reversed and remanded the pension denial to the Board, where proceedings are ongoing. At issue here are the City Defendants'¹ Motion to Dismiss, ECF No. 5; the Pension Board Defendants'² Motions to Dismiss, ECF Nos. 6 and 28; the City Defendants' Motion for Summary Judgment, ECF No. 50; Bonilla's Motion for Partial Summary Judgment, ECF No. 51; and the City Defendants Motions in Limine, ECF Nos. 53-54. For the reasons set forth below, summary judgment is entered in favor of the City as to Bonilla's breach of contract claim, and all other claims are dismissed.

II. FACTUAL AND PROCEDURAL HISTORY³

Bonilla was hired by the City of Allentown as a police officer in July 2008. City SUD ¶ 1, ECF No. 50-7.⁴ On November 20, 2012, Bonilla filed a Complaint in this Court alleging that the City subjected him to race and disability discrimination. Id. ¶ 2; Bonilla v. City of Allentown , No. 5:12-cv-06528 (E.D. Pa. filed Nov. 20, 2012). On April 17, 2013, the Honorable Henry S. Perkin held a settlement conference in that action. City SUD ¶ 4. By the conclusion of the conference, the parties had reached a global resolution to dispose of Bonilla's discrimination claims and his worker's compensation claims. Id. ¶ 6. The parties placed some of the terms of the settlement agreement on the record. See id. ¶ 7; Pl.'s Resp. City's SUF ¶ 7. Counsel for the City stated, inter alia , that "the City of Allentown agrees to pay [Bonilla] 5,000 dollars and agrees not to oppose any application or subsequent review for service-connected disability pension." City SUD ¶ 8; Pl. dep. at Ex. 2, Settlement Conf. Tr. 3:8-11, ECF No. 50-3. Counsel for the City further stated that Bonilla agreed to execute a written settlement agreement. Pl. dep. at Ex. 2, 3:19-22. When Judge Perkin asked Bonilla, who was given an opportunity to consult with counsel (Donald Russo, Esquire), if he heard, understood, and agreed with the terms of the settlement, Bonilla responded, "I do." Id. at 4:14-5:22. Under the terms stated for the record, the City of Allentown did not guarantee Bonilla that he would receive a pension. See Pl. dep. at Ex. 2; City SUD ¶ 12; Pl.'s SUD ¶ 13.

Before a written settlement agreement was executed, Bonilla applied to the Pension Board for a disability pension. See Pl. dep. at Ex. 5, ECF No. 50-4; Pl.'s SUD ¶ 21. Bonilla attached to the application, which is dated June 26, 2013, reports from his treating orthopedic surgeon and from his primary care physician, each opining that Bonilla is permanently disabled. See Pl. dep. at Ex. 5. The letter from Bonilla's primary care physician states merely: "Mr. Aurelio Bonilla has had treatment for left knee injury. Due to ongoing patellofemoral chondromalacia, he is permanently disabled for performing duties as a police officer." Id.

In early August 2013, before the Board ruled on the pension application, Bonilla and the City signed a written Settlement Agreement regarding the employment-discrimination lawsuit. See Pl. dep. at Ex. 3, Settlement Agreement, ECF Nos. 50-3 and 50-4. As part of the Agreement, Bonilla resigned his employment with the City of Allentown and agreed to the dismissal of the employment-discrimination lawsuit. Id. at §§ 1, 4. In exchange, the City agreed to pay Bonilla $ 5,000. See id. at § 2(a). Further, under the terms of the written Agreement, the City agreed "that should Mr. Bonilla apply for a service-connected disability pension, its [sic] will not oppose any such application or subsequent review." See id. at § 2(b). The Agreement specifies that "[t]he foregoing does not guarantee Mr. Bonilla's ability to obtain any such service-connected disability pension as any such determination is made by an independent agency." Id. The Settlement Agreement further states that the written "Agreement represents the complete and entire understanding of the parties," "the parties acknowledge that they understand the terms of this Agreement, that such terms are acceptable, that there are no additional obligations, either oral or written, to be performed by any party...." Id. at § 14(B). See also id. at § 10 ("Knowing and Voluntary Agreement").

On August 28, 2013, after the written Settlement Agreement was executed, the Pension Board held a meeting to review Bonilla's disability pension request. See Pl. dep. at Ex. 6, ECF No. 50-4. The Board discussed the language in a governing ordinance that requires the Board to have the opinion of two physicians, whom were "selected by" the Board, that the pension applicant is totally disabled. See Pl. dep. at Exs. 6-7, ECF No. 50-4; Ex. C at § 143.22(A),⁵ ECF No. 50-5. Neither of the physicians whose reports were attached to Bonilla's application was selected by the Board. See Pl. dep. at Exs. 6-7. Thus, the Board determined that before it could decide the pension application, Bonilla must have a physical examination by two physicians chosen by the Board from the approved city list. See id. The Board notified Bonilla of this decision on October 7, 2013, and advised him to contact an orthopedic physician from St. Luke's Medical and from OAA Orthopedic Specialists, and to have each provide the Board with a written report opining that Bonilla is "totally disabled." See Pl. dep. at Ex. 7.

On October 24, 2013, Bonilla advised the Board that none of the Board's listed providers would agree to see him, and asked the Board to add Bonilla's treating physicians to the approved provider list or to identify additional acceptable providers. See Pl. dep. at Ex. 8, ECF No. 50-4. This request was discussed at the quarterly meeting on November 19, 2013, when the Board, noting that the reports attached to Bonilla's application were insufficient,⁶ voted to investigate and to select two new orthopedic physicians to examine Bonilla. See Pl. dep. at Ex. 9, ECF No. 50-4. The names of the two Board-selected physicians were provided to Bonilla on January 13, 2014. See Pl. dep. at Ex. 10, ECF No. 50-4. On January 22, 2014, the Board's counsel contacted Bonilla's counsel to determine the status of the examinations. City SUD ¶ 34.

On or about February 12, 2014, Bonilla filed a charge of retaliation against the City and the Pension Board with the U.S. Equal Employment Opportunity Commission ("EEOC"). City SUD ¶ 36; Ex. E, ECF No. 50-5.

The Pension Board held a meeting on March 13, 2014, and discussed Bonilla's pension application. See Pl. dep. at Ex. 4, ECF No. 50-4. John Marchetto, Esquire, addressed the Board on behalf of the City's Solicitor's Office, stating:

I would like to give the Board a little bit of background on the city's administration's position on this proceeding.

On April 17, 2013, the city and Mr. Bonilla appeared before a federal magistrate judge with his lawyers, and we entered into a stipulation of settlement agreement whereby the city agreed that it would not oppose any pension request by Mr. Bonilla before this board, or would not participate in any such proceeding in opposition, which essentially is the way the city views this is that we are remaining neutral. We are not opposing this or bringing in any evidence into this proceeding that would be in opposition to Mr. Bonilla's pension request and likewise, if there was any type of appeal from any proceeding here, that the city would not participate in that as well. And that is in line with the colloquy that was done before the federal magistrate, Judge Perkin, and in accordance with the settlement agreement that was signed by the city and Mr. Bonilla, by Mr. Bonilla on August 1^st, 2013, and the city, by me, on August 7, 2013.

See id . at N.T. 5:24-6:20. The Board also heard from Bonilla, who had yet to undergo two independent medical examinations, and from his counsel. See id. at 7:18-8:2. Bonilla's counsel again asked the Board to accept one or both of the two previously submitted reports. See id. at 8:7-11. Bonilla informed the Board that the City had agreed as part of the settlement negotiations that he could use the doctors who had previously submitted reports, that he was "not going to go to any more doctors," and that he could not afford to...