Campbell v. Pa. Sch. Boards Ass'n

336 F.Supp.3d 482

Simon CAMPBELL, and Pennsylvanians for Union Reform, Plaintiffs,

v.PENNSYLVANIA SCHOOL BOARDS ASSOCIATION, Michael Faccinetto, David Hutchinson, Otto W. Voit, III, Kathy Swope, Lawrence Feinberg, Eric Wolfgang, Daniel O’Keefe, Darryl Schafer, Thomas Kerek, and Lynn Foltz, in their individual capacities, Defendants.

CIVIL ACTION NO. 18-892

United States District Court, E.D. Pennsylvania.

Signed August 23, 2018

Filed August 24, 2018

Jacob C. Cohn, Eric C. Rosenberg, Joshua R. Slavitt, Ilan Rosenberg, Gordon & Rees, LLP, Mary Catherine Roper, ACLU of PA, Philadelphia, PA, for Plaintiffs.

Michael I. Levin, Craig D. Ginsburg, Levin Legal Group PC, Huntingdon Valley, PA, David William Brown, Parker McCay, P.A., Mt. Laurel, PA, Eric J. Bronstein, Lewis Brisbois & Smith LLP, Wayne, PA, Susan J. Wiener, Law Offices of Susan J. Wiener, Esquire, Horsham, PA, for Defendants.

MEMORANDUM

DuBois, District Judge

I. INTRODUCTION

In this suit arising under 42 U.S.C. § 1983, plaintiffs allege that a tort suit filed by defendant Pennsylvania School Boards Association ("PSBA") in the Court of Common Pleas of Cumberland County, Pennsylvania ("state suit") retaliates against plaintiffs for the exercise of their First Amendment rights of free expression and to petition the government. The state suit alleges that certain commentary and lobbying by plaintiffs constitute defamation, abuse of process, and tortious interference with contract. Presently before the Court is defendants' Motion for Summary Judgment. Because defendants have shown that they are entitled to judgment as a matter of law, defendants' Motion is granted.

II. BACKGROUND

The undisputed material facts in the record before the Court, taken in the light most favorable to plaintiffs, may be summarized as follows:

A. The Parties

Plaintiff Simon Campbell is a resident of Bucks County, Pennsylvania, and a naturalized citizen of the United States, originally from the United Kingdom. Plts.' Resp. Statement Undisp. Facts ¶ 1, Doc. No. 49 [hereinafter Undisp. Facts]. In "approximately" 2013, Campbell founded plaintiff Pennsylvanians for Union Reform ("PFUR"), a non-profit advocacy group that "seeks to eliminate compulsory unionism in Pennsylvania while promoting transparency and efficiency in government for taxpayers." Id. ¶¶ 2, 4. Campbell and PFUR conduct their advocacy work through a number of channels, including the filing of requests under Pennsylvania's Right to Know Law ("RTKL requests"), 65 Penn. Stat. §§ 67.101 et seq. , lobbying government officials directly, and the maintenance of an official PFUR website at the URL www.paunionreform.org. E.g. , id. ¶¶ 3, 41, 94-95, 133, 164. At the times relevant to this case, Campbell also maintained a website at www.psbahorror.com, paid for with his personal funds. Jt. Stip. ¶ 140.

Defendant Pennsylvania School Boards Association ("PSBA") is a non-profit association of public school boards, incorporated under the laws of Pennsylvania. Undisp. Facts ¶ 4; Joint Stipulation Facts & Evidence ¶ 66, Doc. No. 50 [hereinafter Jt. Stip.]. The individual defendants in this case were the ten voting members of the Governing Board of PSBA ("Board") at all relevant times, including the time when the Board unanimously voted to authorize the state suit against plaintiffs. Undisp. Facts ¶ 125. Seven of the individual defendants remain on the Board and collectively constitute a quorum of the Board, capable of discontinuing the state suit. Jt. Stip. ¶¶ 16-19.

B. Structure of PSBA

The structure and mission of PSBA and its relationship to the state are central to this case. As noted above, PSBA is an association of public school districts in Pennsylvania that "exists to further the interests of public education and to provide assistance to public school entities that are members of PSBA." Jt. Stip. ¶ 84. PSBA's membership consists entirely of "public school districts, Intermediate Units, career and technical schools, state-supported colleges and universities, and such other statutorily-created public education entities" ("Public School Entities"). Jt. Stip. ¶ 69. The "overwhelming majority" of Pennsylvania public school districts are members of PSBA. Jt. Stip. ¶¶ 69. Membership in PSBA is expressly authorized by statute, 24 Penn. Conn. Stat. § 5-516, and Public School Entities may elect to join PSBA only "pursuant to a vote of the entity's governing board" at a public meeting. Jt. Stip. ¶¶ 70, 86, 90.

Once the governing board of a Public School Entity elects to join PSBA, the entity itself becomes a member of PSBA. See Jt. Stip. ¶¶ 66, 86. "Derivative membership" is, in turn, "bestowed" on "the elected or appointed directors of such entity and upon certain other officials of that entity." Jt. Stip. ¶ 86. Votes for members of the Governing Board of PSBA are cast by each Public School Entity, as determined by "a majority vote of each member entity taken at an official public meeting of such member entity." Jt. Stip. ¶ 87. Other matters before PSBA's membership, including approval of its legislative platform, are voted on by an annual Delegate Assembly, comprised of delegates appointed by each member's respective governing board. Bylaws of the Pennsylvania School Boards Association, Inc. art. VIII, §§ 1-2, 4 (Oct. 20, 2017), Exs. P-99, D-36. Delegates must be derivative members of PSBA—that is, school board officials or the non-voting secretary of a school board. Id. art. VIII, § 2; art. I, § 2.

PSBA's Board consists of ten voting directors, who "must be elected, currently-serving members of the board of a member government entity that itself is a member in good standing of PSBA," along with one non-voting member. Jt. Stip. ¶ 87. As noted above, the members of PSBA's Board are elected by votes cast by PSBA's Public School Entity members. Id. With the exception of the President Elect, President, and Immediate Past President of the Board, the eligibility of a derivate member to serve on the PSBA Board is "contingent" on the derivative member's continued service on the board of a Public School entity. Id. Without exception, all Board members' respective Public School Entities must continue to be members of PSBA in good standing. Id. ¶ 89. If a Board member or his or her respective Public School Entity fails to meet these requirements, he or she is automatically removed from the PSBA Board. Id. ¶¶ 88-89.

C. Membership in PSBA

An entity's PSBA membership is contingent on payment of a membership fee—and approval of that payment by the entity's governing board—every year. Undisp. Facts. ¶ 104; Jt. Stip. ¶¶ 90, 136. Membership in PSBA is voluntary and Public School Entities may withdraw at any time. Undisp. Facts ¶ 19. The "majority of PSBA's revenues" derive from membership dues and fees "paid for optional services and goods." Jt. Stip. ¶¶ 71, 105.

In exchange for membership fees, PSBA provides certain services to its members, including "[l]egal advocacy in the name of PSBA on issues of statewide importance to public schools" and "[l]egislative advocacy for all public schools, other than charter schools." Undisp. Facts ¶¶ 102, 105; see also Jt. Stip. ¶¶ 84-85. "An essential component of PSBA's purpose is advocating the interests of public education in helping to shape law and education policy in front of the legislature, administrative agencies and the courts. PSBA's judicial advocacy is one of the benefits that PSBA provides to its government entity members for the price of such entities' membership." Jt. Stip. ¶ 85

In addition to its judicial and legislative advocacy, PSBA provides its members with a number of publications, a searchable grant database, "legal links and resources," webinars, access to online training, and access to a "Career Gateway job posting site." Undisp. Facts ¶ 105. PSBA also provides its members with "assistance in the development of school policies," "personnel recruiting assistance," and assistance in employee relations. Jt. Stip. ¶ 77. Additional services are available to members for additional fees, including executive search services, "[b]oard policy services," and a "School Law and arbitration newsletter." Undisp. Facts ¶ 106.

D. Plaintiffs' Underlying Activities

PSBA's mission and relationship with Pennsylvania public schools were the focus of plaintiffs' activity beginning in March 2017, when plaintiffs sent an RTKL request to "most, if not all, public school agencies" in the state. Undisp. Facts ¶ 136. In the request, plaintiffs sought, inter alia , the contact information for certain school district employees and for the representatives of public employee unions. Verif. Compl. ex. 1. On March 28, 2017, PSBA staff attorney Emily Leader sent an email to the Public School Entity members of PSBA regarding plaintiffs' RTKL request. Undisp. Facts ¶ 138; Verif. Compl. ex. 1. In the email, Leader advised the PSBA members to provide certain information such as publicly available contact information for receiving RTKL requests, the names of union presidents, and copies of collective bargaining agreements. Verif. Compl. ex. 1. Leader concluded, however, that employee email addresses that were not publicly published were not public records subject to the Right to Know Law. Id.

On April 14, 2017, another PSBA staff attorney, Stuart Knade, sent a follow-up email to the members of PSBA, providing further "guidance" in responding to the request. Undisp. Facts ¶ 141; Jt. Stip. ¶ 3; Verif. Compl. ex. 2. In the email, Knade advised PSBA's members, inter alia , that the Right to Know Law required them to do no more than make the requested documents "available for pick up at the district offices." Verif. Compl. ex. 2 at 5. Knade noted, however, that his assessment was contrary to "early decisions" by Pennsylvania's Office of Open Records and that "anyone choosing to take [this] position ... must be prepared to litigate this through at least the Commonwealth Court and possibly the Pennsylvania Supreme Court." Id. Knade also noted that the production...