Kairo–Scibek v. Wyo. Valley W. Sch. Dist.

880 F.Supp.2d 549

Angela KAIRO–SCIBEK, Plaintiff,

v.WYOMING VALLEY WEST SCHOOL DISTRICT, Defendant.

Case No. 3:09–CV–01421.

United States District Court, M.D. Pennsylvania.

July 24, 2012.

Christina T. Novajosky, O'Malley & Langan P.C., Mary D. Walsh Dempsey, Ufberg & Associates, LLP, Scranton, PA, for Plaintiff.

Robin B. Snyder, Marshall Dennehey Warner Coleman & Goggin, William M. Courtright, Scranton, PA, for Defendant.

MEMORANDUM

KOSIK, District Judge.

This case concerns the suspensions of Angela Kairo–Scibek (“Plaintiff” or “Kairo–Scibek”) from her position as a teacher for the Wyoming Valley West School District (“Defendant” or “District”). Kairo–Scibek alleges that the District violated her rights under 42 U.S.C. § 1983 because the District deprived Kairo–Scibek of her right to procedural due process pursuant to the Fourteenth Amendment. Presently before us is the District's Motion for Summary Judgment against Kairo–Scibek's § 1983 claim. We have subject matter jurisdiction over this case pursuant to 28 U.S.C. §§ 1331 and 1343, because the claims in the Complaint raise federal questions.

PROCEDURAL HISTORY

On July 22, 2009, Kairo–Scibek filed the Complaint against the District. (Doc. 1.) The District then filed a Motion for Judgment on the Pleadings on March 1, 2010. (Doc. 14.) The court referred this motion to United States Magistrate Judge William T. Prince for purposes of preparing a Report and Recommendation. (Doc. 24.) The Report and Recommendation, dated May 19, 2010, recommended a denial of the District's Motion for Judgment on the Pleadings. (Doc. 25.) The District filed objections to specific portions of the Report and Recommendation. (Doc. 26.) In our Order of September 7, 2010, we adopted in part the Report and Recommendation and denied the District's Motion for Judgment on the Pleadings. (Doc. 29.)

On November 14, 2011, the Defendant filed a Motion for Summary Judgment. (Doc. 40.) In response to Defendant's Statement of Material Facts (“SOF”) (Doc. 41), Kairo–Scibek filed Plaintiff's Counter–Statement of Material Facts (“COMF”) (Doc. 48) and Plaintiff's Response to Defendant's Statement of Material Facts (“RSOF”) (Doc. 49) on December 19, 2011.

The District filed a Motion to Strike Plaintiff's Counter–Statement of Material Facts on December 29, 2011, pursuant to Local Rule 56.1, which requires a non-moving party to file a short and concise statement of material facts responding to the numbered paragraphs of the moving party's SOF. (Doc. 54.) The District's motion will be granted as Kairo–Scibek wrongfully submitted the COMF. However, Kairo–Scibek also submitted a proper response to the District's SOF. (Doc. 49.) Accordingly, in ruling on the motion for summary judgment, the record will be considered as a whole.

FACTUAL BACKGROUND

Kairo–Scibek is a teacher at Wyoming Valley West School District and began teaching there full-time in 1999. (SOF ¶ 8.) From 1999 to 2007, she held the position of a fourth and fifth grade learning support teacher. (Pl. Dep. 9:10, 14–17.) Kairo–Scibek's employment is governed by a collective bargaining agreement (“CBA”), which included a provision that “no member of the bargaining unit shall be discharged, disciplined, suspended or laid off without just cause,” (Compl. ¶ 8) and a provision that outlined grievance and arbitration procedures if there was a claim that the terms of the CBA were violated.

In 2007, parents of three students reported allegations of abuse by Kairo–Scibek to the police. (SOF ¶ 37.) The students alleged “they were struck with a paddle and had their faces shoved into a pillow to prevent them from screaming.” (Garzella Dep. Ex. 5.) On March 28, 2007, police executed a search warrant on Kairo–Scibek's classroom. (SOF ¶ 9.) The police confiscated one wooden pointer, one wooden pointer with a paddle on one end, and a wooden yard stick. (Garzella Dep. Ex. 5.) Following the search, the police read Kairo–Scibek her rights and informed her of the charges against her, what they were looking for, and what they had found. (Pl. Dep. 13.)

Kairo–Scibek worked the following day, March 29, 2007.¹ (Pl. Dep. 14:11–12.) At the end of the day, the principal, Raymond Whalen, told Kairo–Scibek to collect her belongings since she was being placed on suspension with pay. (Pl. Dep. 13.) The decision to suspend her with pay was made by the school board president at the time, Barry Williams, and the superintendent, Mike Garzella. (Williams Dep. 7:2–5.) Kairo–Scibek did not receive a hearing and the District did not conduct an independent investigation before or after the suspension with pay. (Compl. ¶ 11.) Superintendent Garzella stated that the District did not conduct an independent investigation because the matter was being investigated by the police and Luzerne County District Attorney's office. (Garzella Dep. 11–13.) After Kairo–Scibek was suspended with pay, she spoke with board member and Plymouth Borough Administrator, Joey Mazur. (Pl. Dep. 63–64.) Kairo–Scibek stated Mazur “listened to what I had to say, what had happened, and he said he would see what he could do for me ... [meaning] to find out more information ....” (Pl. Dep. 64:8–11.) In the record before us, Mazur does not confirm nor dispel this conversation, but both parties agree that no hearing was given to Kairo–Scibek after she was suspended with pay. (Mazur Dep. 17:22–25, SOF ¶ 65.)

While Kairo–Scibek was on suspension with pay, her position at Main Street Elementary was absorbed. (Pl. Dep. 18.) Meanwhile, a teacher with lower seniority retained her position as an Elementary Learning Support teacher. (Compl. ¶ 20.) The District stated this was done in accordance with the CBA, which allows the administration to determine placement of teachers, regardless of seniority. (Garzella Dep. 27–28.) While on suspension with pay, Kairo–Scibek applied to an open position at the high school with the request to return to her previous position at Main Street Elementary if it was reabsorbed. (Pl. Dep. Ex. 1.) On August 27, 2007, Kairo–Scibek was assigned to the position of High School Special Education Teacher. (Pl. Dep. Exhibit 2.) Kairo–Scibek's salary did not change as a result of the new position, and she continued to remain suspended with pay. (Pl. Dep. 22.)

Kairo–Scibek was arrested on December 19, 2007, and charged with three counts of endangering welfare of children, a felony in the third degree, and three counts of simple assault, misdemeanors in the first degree. (Criminal Docket CP–40–CR–0000745–2008.) As a result, the Wyoming Valley West School Board (Board) suspended Kairo–Scibek without pay at their next session on December 27, 2007. (SOF ¶ 59.) Board president at the time, Barry Williams, stated this action was consistent with a previous incident, where an employee was suspended without pay upon being arrested for molesting a student. (Williams Dep. 8–9.) Also consistent with the previous incident, Kairo–Scibek did not receive a hearing before or after being suspended without pay following her arrest. (Compl. ¶ 17.) Kairo–Scibek received notification of this suspension from the Board in a letter stating,

“Please be advised, at the December 27, 2007 school board meeting, the Board of Directors passed a resolution to place you on suspension without pay. The suspension will be in effect pending the outcome of your imminent hearing.”

(Garzella Dep. Ex. D.)

Upon being arrested, the story surrounding Kairo–Scibek's arrest and suspension received media coverage from local newspapers and news stations. (Garzella Dep. 20–21, Williams Dep. Ex. 1, 2.) The media coverage was consistently characterized by school board members to be medium to high. (Garzella Dep. 21:1–2, Fender Dep. 33:9, Mazur Dep. 31:18.)

On March 20, 2008, Kairo–Scibek filed a grievance pursuant to the CBA. (SOF ¶ 20.) A union representative, Linda Houck, assisted Kairo–Scibek though the grievance procedure. (SOF ¶ 22.) The stated nature of the alleged grievance was, “District fails to provide salary and benefits according to terms of CBA; and any other applicable provision. We request reinstatement of salary and all benefits under our contract such that employee is made whole.” (CSOF Ex. C.) The grievance references violations of twelve (12) paragraphs of the CBA, including Article II, Paragraph 9, which states, “No member of the bargaining unit shall be discharged, disciplined, suspended or laid off without just cause.” (Compl. ¶ 8.) The grievance was referred to binding arbitration after the Board's inaction on May 14, 2008, was deemed a denial. (Garzella Dep. Ex. 8, Pl. Dep. Ex. 4.) In a letter dated October 6, 2008, Richard Goldberg, Board Solicitor for labor, confirmed the District's availability for arbitration on April 23, 2009. (Garzella Dep. Ex. 9.) Kairo–Scibek never took her grievance to the scheduled arbitration. (Pl. Dep. 27–28.)

On October 14, 2008, all of the charges against Kairo–Scibek were nol prossed because the three minors admitted to lying about the allegations of abuse. (Compl. ¶ 18.) Consequently, the District reimbursed Kairo–Scibek's salary and benefits and allowed her to assume her new position as a High School Special Education teacher. (SOF ¶¶ 23–24.) Due to the advice of the union, Kairo–Scibek dropped the grievance before the date of arbitration. (Pl. Dep. 27–28.) The union representative told Kairo–Scibek she was “really not going to get anywhere” since she received back pay and was removed from suspension. (Pl. Dep. 28:6–8.) Kairo–Scibek was advised that she would have to initiate new grievances. (Pl. Dep. 28:8–10.)

Superintendent Garzella's secretary called Kairo–Scibek on October 14, 2008, and told Kairo–Scibek she could return to work the next day. (Pl. Dep. 34:10–13.) At that time, Kairo–Scibek felt she was mentally unable to return to work. (Pl. Dep. 34:18–24.) Kairo–Scibek took two weeks of sick leave and then assumed her position as a High School Special Education teacher. (Pl. Dep....