Duran v. County of Clinton

380 F.Supp.3d 440

Thomas V. DURAN, Plaintiff

v.COUNTY OF CLINTON, Jeffrey Snyder, Robert Smeltz, and Joel Long, Defendants

CIVIL ACTION NO. 4:14-CV-2047

United States District Court, M.D. Pennsylvania.

Signed March 29, 2019

Robert F. Englert, Andrew F. Parker, RFE Law Firm, LLC, Swarthmore, PA, for Plaintiff.

Anthony T. Bowser, Kathryn E. Peters, Thomas, Thomas & Hafer LLP, Harrisburg, PA, for Defendants.

MEMORANDUM

Christopher C. Conner, Chief Judge Plaintiff Thomas V. Duran ("Duran") commenced this action against his former employer, defendant Clinton County (the "County"), and the three members of the Clinton County Board of Commissioners (the "Board of Commissioners"). Duran asserts claims for discrimination under the Family Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq. , the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. , and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. , as well as a common-law claim for tortious interference with contractual relationships. (Doc. 55). Defendants move for summary judgment pursuant to Federal Rule of Civil Procedure 56. (Doc. 61).

I. Factual Background & Procedural History ¹

The County is governed by a three-member Board of Commissioners. (See Doc. 61-1 ¶¶ 3-6). Defendants Robert Smeltz ("Commissioner Smeltz") and Jeffrey Snyder ("Commissioner Snyder") served as chairman and vice-chairman of the Board of Commissioners, respectively. (Id. ¶¶ 4-5). Defendant Joel Long ("Commissioner Long") served as the third member of the Board of Commissioners at all times relevant to this case. (Id. ¶ 6).

The Clinton County Prison Board (the "Prison Board") oversees the Clinton County Correctional Facility (the "Facility"), (see id. ¶¶ 4-8; Doc. 63 ¶¶ 4-8), and recommends Facility personnel decisions (e.g. , hiring, termination) to the Board of Commissioners for approval, (see Doc. 61-6, Snyder Dep. 28:4-29:7).² In January 2012, a new Prison Board took office, consisting of Commissioners Smeltz, Snyder, and Long, as well as the County's district attorney; a state court judge; the County treasurer; and the County sheriff. (Doc. 61-1 ¶¶ 4-7, 13). Commissioner Snyder served as Prison Board chairman. (Id. ¶ 4).

Duran served as warden of the Facility from 1993 to 1997, and again from 2000 through his termination in 2012. (Id. ¶¶ 1-2, 9). Duran worked for the County without a written employment contract until 2007. (Doc. 61-2, Duran Dep. 55:19-22, Aug. 16, 2016 ("Duran Dep. I") ). Duran testified that he was considering other positions at that time and was concerned about the ramifications on his job security if the County decided to "go to Home Rule." (Id. at 53:22-54:13). To ensure Duran's continued services as warden, the then-Board of Commissioners awarded him a five-year employment contract to commence on November 5, 2007. (Doc. 61-1 ¶¶ 10-11; Doc. 63 ¶¶ 10-11; Duran Dep. I 54:13-18; see Doc. 61-3). The County and the Prison Board could terminate the contract "only upon a finding of dishonesty or gross malfeasance by [Duran]." (Doc. 61-3 at 3).

A. Duran's Medical Issues

Duran experienced a variety of significant health issues throughout his tenure as warden, including, inter alia , "arthritis and contracting MRSA." (Doc. 61-1 ¶ 12). Duran required eight surgeries between September 2008 and September 2011 and time away from work to recover. (Id.; Doc. 55 ¶¶ 35(c)-(j); Doc. 57 ¶ 35). Duran testified that he frequently worked a full day at the Facility and then brought work home in the evenings. (Duran Dep. I 42:18-44:13; Doc. 65-2 at 1). In 2009 or 2010, Duran began utilizing a Comcast business account and work laptop at home to access the Facility's cameras, phone systems, and inmate accounts. (Duran Dep. I 40:20-42:2). When he missed work due to medical issues, Duran would "ma[ke] up a lot of it working at home" and used the laptop to monitor the Facility from his hospital bed and his home. (Id. at 44:14-22, 47:23-48:20).

In early January or February 2012, Commissioner Snyder allegedly learned that Duran was "spending an hour or less a day at the facility." (Snyder Dep. 20:21-25). Commissioner Snyder and another Prison Board member met with Duran and informed him that County policy supposedly required the warden to "be present at the facility eight hours a day and on-call 24/7, unless the warden notifies someone as to why he or she is not there." (Id. at 20:25-21:9; cf. Doc. 63-21 at 7). Commissioner Snyder stated that he wanted Duran on site eight hours a day. (Snyder Dep. 21:10-12; Doc. 61-9, Duran Dep. 34:18-20, Apr. 10, 2018 ("Duran Dep. II"); see also Doc. 63-22, Bechdel Dep. 16:9-15). Duran claims that he replied to Commissioner Snyder by noting that he just had both knees replaced a few months prior and was "still healing" but that Commissioner Snyder maintained that he wanted Duran present eight hours per day. (Duran Dep. II 34:22-35:5). Commissioner Snyder denied that Duran "made ... reference to any medical issues." (Snyder Dep. 21:13-16). When asked what informed Duran's belief that the commissioners harbored disdain for his health-related accommodations, Duran testified that it was "more speculation than having ... any evidence to say that." (Duran Dep. II 28:18-29:3).

B. Medical Provider Issues

Clinton Medical Associates ("Clinton Medical") is the contracted medical provider for the Facility. (Duran Dep. I 25:4-9). Clinton Medical physician Michael Greenberg ("Dr. Greenberg") treated patient inmates at the Facility. (Id. at 25:13-23). In January 2012, Commissioner Snyder discovered that Clinton Medical was purportedly billing the County "for items which were not within [ ] the scope of the contract." (See Doc. 61-5 ¶ 5; Snyder Dep. 56:19-57:15). Dr. Greenberg allegedly "admitted that he actually was over-billing" when confronted at a Prison Board meeting. (Snyder Dep. 79:12-17).

Commissioner Snyder tasked Duran to review past invoices and ascertain whether and how much Clinton Medical had overbilled. (Doc. 61-5 ¶ 5; Duran Dep. I 25:24-26:10; Doc. 63-35 at 3). Between January and September 2012, the Prison Board repeatedly asked Duran about the status of this assignment. (Doc. 61-5 ¶ 6; Doc. 63-35 at 3; see Snyder Dep. 56:19-57:15). In September 2012, Duran provided a memo to the Prison Board indicating that medical staff members' failure to sign in and out of the Facility explained a portion of the alleged overbilling. (See Doc. 63-12 at 2; Snyder Dep. 80:20-82:4). Duran testified that he was fired before he could complete a full review. (Duran Dep. I 26:11-16, 67:3-16).

The Prison Board also learned that Dr. Greenberg was performing surgery on inmates at an offsite location in violation of the contract with Clinton Medical. (Snyder Dep. 57:17-22; Doc. 61-5 ¶¶ 7-8; Doc. 63-3 at 2; see Duran Dep. I 26:17-27:7). Duran was aware of this practice and testified that "at the time it was cheaper in the long run to send them there" than to a hospital. (Duran Dep. I 69:1-71:7). At a May 2012 Prison Board meeting, Commissioner Snyder directed Duran to bring an end to this practice. (Doc. 61-5 ¶ 7; Duran Dep. I 27:10-14; see Snyder Dep. 56:19-57:22). The parties disagree as to whether Duran did so. Duran claims that he instructed Dr. Greenberg to stop treating inmates offsite. (Duran Dep. I 27:10-24, 69:24-70:6). Commissioner Snyder represents that Duran did not, resulting in an investigation by the Pennsylvania Department of Corrections (the "Department"). (Doc. 61-5 ¶ 8; see Snyder Dep. 77:21-78:8).

C. Commissary Issues

The Facility maintained a commissary through which inmates could use personal funds to purchase items such as snacks or toiletries. (Duran Dep. I 21:16-22:8). When an inmate made a purchase, Facility staff deducted the price of the item from the inmate's account and then placed an order with Oasis Commissary ("Oasis") for the item. (Id. at 22:8-22). Oasis then filled the order and delivered the item to the Facility for the inmate. (Id. at 22:22-25). Facility policy mandated that any profits generated by the commissary were to be used to purchase goods that benefitted the entire inmate population, as recommended and approved by the warden. (Id. at 19:12-20:1; Doc. 61-5 ¶ 16).

Commissioner Snyder received a letter from the County's auditors' office dated April 2, 2012, detailing items on the Facility's commissary account that were "questionable." (Doc. 61-4). The auditors' office identified the following charges as suspect: monthly Comcast internet service bills for a private residence, hotel-related expenses, receipts for iPad and iPod accessories, screen printing bills from an embroidery shop, and numerous meal expenses lacking receipt documentation. (Id.; Doc. 61-5 ¶¶ 17-18). The letter indicated that one of the hotel bills was in Duran's wife's name. (See Doc. 61-4). Commissioner Snyder alleges that Duran used the commissary account to pay for these various expenses to benefit himself and other Facility staff. (Doc. 61-5 ¶ 16). Duran testified that these expenses were related to business trips or to facilitate working from home. (Duran Dep. I 58:14-64:8). He explained that his wife accompanied him on a business trip and that the Prison Board never inquired with him about these charges prior to his termination. (Id. at 61:6-13, 64:9-13; 84:20-85:10).

Duran had also signed a new contract with Oasis to provide commissary services. (Duran Dep. I 21:2-7; Doc. 61-5 ¶ 15). Oasis provided gym equipment for use by Facility staff in conjunction with that contract. (Id. at 23:5-11). Commissioner Snyder questioned Duran at the July 2012 Prison Board meeting about the contract and gym equipment. (Doc. 61-5 ¶ 15). The record is unclear as to whether Facility funds were used to purchase the gym equipment for staff use or whether Oasis provided the equipment to Duran and his staff as a complimentary "incentive" for awarding Oasis the contract. (See id.; Duran Dep. I 21:2-10; Snyder Dep. 59:3-22, 84:16-25). Duran testified that other...