Eck v. Oley Valley Sch. Dist.

431 F.Supp.3d 607

Jordan ECK , et al. v. OLEY VALLEY SCHOOL DISTRICT , et al.

CIVIL ACTION NO. 19-1873

United States District Court, E.D. Pennsylvania.

Filed December 17, 2019

Joel Aaron Ready, Cornerstone Law Firm, Blandon, PA, for Jordan Eck, et al.

Sharon M. O'Donnell, Marshall, Dennehey, Warner, Coleman & Goggin, Camp Hill, PA, for Oley Valley School District, et al.

MEMORANDUM

KEARNEY, District Judge

We again balance students’ constitutional rights with a high school's disciplinary steps. Can three high school drama club members recover damages because their school district suspended them from classes or extracurriculars after they each complained about their drama director's theatrics at a public meeting? Our drama opens with the school's drama director's choice of the lead for the Spring 2019 musical. The unsuccessful lead who also served as drama club president, along with his girlfriend and another student, decided to complain about the drama director at a school board meeting. Learning the students’ plan, the drama director e-mailed parents the night before the board meeting possibly suggesting improper conduct by the unsuccessful lead. Following the board meeting and a closed rehearsal, the unsuccessful lead spoke to the drama director. Following e-mails later the same night and then early the next morning, the superintendent and principal met the unsuccessful lead and his mother to suspend him. Hours later, they suspended his also-complaining actor girlfriend from classes seemingly without explanation. After the musical closed, the drama director removed the third complaining student actor from a post-show extra-curricular activity. The students allegedly promised revenge.

Weeks later, they sued the school district and three state actors for retaliating against them for complaining about the drama director at a public meeting and depriving them of due process in suspending them from either classes or the post-musical extra-curricular activity. The unsuccessful lead also sued the drama director for defamation and false light invasion of privacy under Pennsylvania law based on her pre-meeting e-mail to parents. After three amended complaints, many of the quandaries require our jury evaluating who to believe. But we must grant summary judgment dismissing three claims, along with the conspiracy theories related to them, in our upcoming trial: the disappointed lead's claim for First Amendment retaliation against the drama director as there is no evidence of her role in his suspension based on his alleged First Amendment protected conduct; due process claims brought by the disappointed lead suspended during a meeting attended by his mother and him and the student precluded from a post-musical extra-curricular activity; and, the students’ claim against the district's superintendent for negligent supervision for allowing the First Amendment retaliation.

I. Undisputed facts¹

At this time last year, Oley Valley High School seniors Jordan Eck, his girlfriend Haley Hartline, and Vincent Ferrizzi participated in the high school's Drama Club and hoped to play a role in the school's spring musical.² Student Eck served as the Drama Club's President and hoped to win the lead role in the Spring 2019 school musical. Stacy Lyons is the Drama Club's Director.³

Director Lyons selects J.M. rather than Student Eck for the lead in the school musical.

In December 2018, Director Lyons held performance try-outs for the school's spring musical scheduled to be performed in April 2019.⁴ Student Eck and at least one other student, J.M., tried out for the lead role.⁵ J.M. won the lead role, leaving Student Eck "initially disappointed that he didn't get the part that he wanted...."⁶ Students Hartline and Ferrizzi won roles in the musical.⁷

The parties dispute Student Eck's conduct after learning he did not win the lead role in the school musical. The School District contends Student Eck attempted to dissuade J.M. from keeping the lead role and instead play the lead as an understudy and asked Director Lyons for an "understudy show," a request she denied.⁸ Student Eck denies his present claims have anything to do with "failing to get the part that he wanted."⁹ While Student Eck concedes his relationship with J.M. became "tense" because they both auditioned for the same part, he contends the two worked out their differences and committed to work together in the show and Student Eck and J.M. both agreed to ask Director Lyons to organize a separate "understudy show" to allow all understudy cast members to play lead characters.¹⁰ While Student Eck may have wanted to get over this rejection, there is no dispute Director Lyons's choice of J.M. over her son upset his mother.¹¹

"Fruit Video" between boyfriend and girlfriend.

Sometime in March 2019, Haley Hartline videoed her boyfriend, Jordan Eck, either "flirting" or "performing ... a type of skit" for her "Fruit Video."¹² In the video, Student Eck holds a banana and says to the camera "Girl, can you call me sometime?"; tosses an apple and says, "My heart fell for you like an apple from the tree"; holds a pear and says, "We make a good pair"; holds a loaf of bread and says, "You are the bread to my butter"; and, holding a jar of marshmallow fluff says, "You make me feel fluffy inside."¹³

Student Hartline posted the video on the social media platform Snapchat.¹⁴ J.M.'s mother learned of the video and became upset because J.M. is allergic to fruit.¹⁵ J.M.'s mother contacted the high school saying she intended to contact police because she perceived the video as a threat to her son's health.¹⁶ The Students dispute whether J.M. or his mother actually perceived the Fruit Video as threatening, contending there is only hearsay evidence from the school's guidance counselor Ann Marie Borovik reporting the mother's concern.¹⁷ Guidance Counselor Borovik contacted the Central Berks Regional Police Department on March 19, 2019 to report "an incident between two students" and told police "there was a Snapchat video involving a student named [J.M.]. She said another student [Eck], posted the video of [J.M.] and added comments about certain fruits. She said [J.M.] is allergic to the fruits that were mentioned in the post. She said there has been some animosity between them because [JM.] got the lead in the school play and [Eck] did not. She did say that [J.M's] mother was aware of the incident and was going to contact police at her leisure. Borovik also mentioned that [Eck's] mother was seen in the parking lot of a dance studio that both males attend even though [Eck] was not present. At the time of this report no reports have been made regarding the above information. Nothing further."¹⁸

Christopher Becker, Principal of Oley Valley High School in spring 2019, learned of the Fruit Video from school counselors. Defendant Tracy Shank, Superintendent of Schools for the Oley Valley School District, and Director Lyons learned about the Fruit Video either through Principal Becker or J.M.'s mother.¹⁹

Director Lyons's March 19, 2019 e-mail.

At some unknown time and for unexplained reasons, Student Eck decided to complain about Director Lyons to the School Board at its March 20, 2019 Meeting. The parties adduce no evidence of acrimony between Student Eck and the state actors until then, other than Student Eck's disappointment in Director Lyons's decision to cast J.M. rather than him as the lead in the school musical. Student Eck's mother notified the School Board's President her son intended to express concerns about Director Lyons's "stewardship of the Drama Club."²⁰

On March 19, 2019, Superintendent Shank warned Director Lyons of Student Eck's intent to speak against her at the School Board Meeting the following night.²¹ For unknown reasons, Director Lyons immediately decided to preempt Student Eck's perceived momentum as she could not attend the Board Meeting. She e-mailed some of the Drama Club parents on March 19, 2019 curiously referring to facts possibly from the "Fruit Video" to challenge Student Eck's credibility:

I need your help. I've spent the last 2 months shielding the kids from some very horrible stuff happening behind the scenes with a student and his mother. Unfortunately the situation has escalated to the point that this student posted something against the other student and police were called in. This mother and her son want me fired and in the mothers [sic] words "she is going to destroy me" – all of this because her son was not cast as Jack [the lead role].

I have been working closely with Dr[.] Shank and the administration since January. This parent has made friends with Mrs[.] Zackon on the school board. This is helping to fuel the fire.

Dr[.] Shank let me know today that this parent is planning on attending the school board meeting tomorrow night at 7 pm in the HS library.

I am reaching out to ask any and all parents that believe in this program and students that love the program to please show up to show your support. We are in jeopardy of losing this program.

Any questions feel free to call me....²²

Director Lyons admittedly sought to garner support to answer Student Eck's complaint at the next night's Board Meeting. The parties do not explain what the other school officials did relating to speech at the upcoming School Board Meeting. After discovery, the Students cite Director Lyons's March 19, 2019 e-mail as the only pre-Meeting communication at issue.

Students speak at March 20, 2019 School Board Meeting.

On March 20, 2019, Students Eck, Hartline, and Ferrizzi attended the School Board Meeting held in the Oley Valley High School library. The public attended. The School Board allowed the Students to speak at the Meeting with one edit: the Board allegedly restricted the Students’ speech by mandating "there would be no ‘character assassinations’ " of Director Lyons and Students could not mention Director Lyons by name.²³

Student Eck told the School Board his...