Salyer v. Hollidaysburg Area Sch. Dist.

KYLE ALLEN SALYER, Plaintiff, v. HOLLIDAYSBURG AREA SCHOOL DISTRICT,WAYNE BUSH, MARK R. HARRINGTON, DAWN ECKENRODEand MAUREEN D. LETCHER, D. ED. Defendants.

CIVIL ACTION NO. 3:16-57

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

July 25, 2018

JUDGE KIM R. GIBSON

MEMORANDUM OPINION

I. Introduction

Presently before the Court is the Motion for Summary Judgment filed by Defendants (ECF No. 36). The Motion has been fully briefed (see ECF Nos. 37, 39, 43) and is ripe for disposition. For the reasons that follow, the Motion will be GRANTED.

II. Jurisdiction

The Court has jurisdiction over the federal constitutional claims pursuant to 28 U.S.C. § 1331, 1343, and 42 U.S.C. § 1983. The Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367. Venue is proper under 28 U.S.C. § 1391(b) because a substantial portion of the events giving rise to the claims occurred in the Western District of Pennsylvania.

III. Background

A. Factual History¹

Plaintiff Kyle Salyer ("Salyer") attended Hollidaysburg Area High School ("the High School") as an eleventh grader during the 2014-2015 school year.² Salyer is diagnosed with autism.³ The High School does not train its staff about how to interact with students on the autism spectrum.⁴

Salyer had a history of making violent threats. Earlier in the 2014-2015 academic year, Salyer received a three-day suspension after he threatened to bring a knife on a school trip and told another student that when he turned eighteen he was going to line his coat with knives and kill anyone he wanted.⁵ The letter informing Salyer of his three-day suspension informed him that his behavior "is causing students around him to be afraid of him."⁶

On May 19, 2015, Salyer was suspected of planning a violent plot against D.S., a fellow student at the High School.⁷ D.S. and his family informed Dawn Eckenrode ("Eckenrode"), Dean of Students, and Mark Harrington ("Harrington"), Assistant Principle, about Salyer's threat during an unscheduled meeting that took place before the start of the school day.⁸ During the meeting, D.S. told Eckenrode and Harrington that Salyer and B.L., D.S.'s ex-girlfriend, planned to attack D.S. with a knife later that day.⁹ To substantiate the allegation, D.S. showed Eckenrode and Harrington text messages between him and B.L. regarding Salyer's involvement in the forthcoming knife attack.¹⁰ D.S. also told Eckenrode and Harrington that the previous day another student, E.Z., overheard Salyer and B.L. planning the knife attack.¹¹

After meeting with D.S. and his family, Eckenrode and Harrington began to investigate the alleged plot. At approximately 7:45 a.m., they called Salyer's teacher, who instructed Salyer to report to the Dean of Student's Office.¹² Once Salyer arrived, he waited in the Attendance Secretary's Office, which adjoins the Dean of Students' Office.¹³

Around 8:00 a.m., Eckenrode and Harrington summoned Salyer into the Dean of Students' Office and informed him about the accusations.¹⁴ Salyer denied that he had planned to attack D.S. with a knife, and stated that he wanted to punch and kick hisaccuser.¹⁵ Salyer testified that he voluntarily emptied his pockets to prove that he did not have a knife and that Eckenrode and Harrington told him they "were on his side."¹⁶ Eckenrode and Harrington returned Salyer to the Attendance Secretary's Office and continued their investigation.¹⁷

Eckenrode and Harrington interviewed E.Z., who confirmed that he overheard Salyer and B.L. planning a knife attack on D.S.¹⁸ E.Z. also provided a written statement memorializing what he told Eckenrode and Harrington.¹⁹

The interview with E.Z. increased Eckenrode and Harrington's concern, because E.Z. was a good student and they believed him to be credible.²⁰ Eckenrode and Harrington also interviewed another student, J.H., who overheard the conversation from the previous day between Salyer and B.L..²¹ But J.H. was "evasive" when questioned about theallegations against Salyer, which caused Eckenrode and Harrington to conclude that J.H. had not told them everything that he knew and further heightened their concern.²²

Due to their increased concern, Eckenrode and Harrington instructed that D.S. be moved to a "safe area."²³ Eckenrode also called the school where B.L. attended morning classes to "warn" officials there about the possible knife plot.²⁴ A search of B.L. was performed at the school where she attended morning classes.²⁵

Prior to 9:00 a.m., Eckenrode and Harrington called Salyer back into the Dean of Students' Office.²⁶ School Resource Officer Wayne Bush ("Officer Bush") was also present.²⁷ Officer Bush never received special training for dealing with students on the autism spectrum and did not know that Salyer was autistic.²⁸

Officer Bush and Harrington escorted Salyer to his locker and collected his backpack.²⁹ They searched Salyer's locker, but did not find a knife.³⁰ Next, Officer Bush and Harrington escorted Salyer to his first period class to retrieve the belongings Salyer had leftwhen first summoned to the Dean of Students' Office.³¹ Salyer's belongings were retrieved.³²

The three returned to the Dean of Students' Office.³³ Officer Bush searched Salyer's notebook, binder, and backpack, but did not locate a knife.³⁴

Officer Bush and Harrington informed Salyer that they needed to conduct a search to determine whether he possessed a knife.³⁵ Salyer complied with Officer Bush's order to empty his pockets.³⁶ Officer Bush next asked Salyer to lift up his shirt; the parties disagree about whether Salyer complied.³⁷

At this point, Officer Bush and Harrington "did not believe [Salyer] was showing them everything" and determined that they needed to search Salyer.³⁸ They informed Salyer that were going to search him.³⁹ Salyer replied that he did not want to be searched.⁴⁰

Officer Bush proceeded to "tap" Salyer's back pocket "to see if anything was there."⁴¹ Salyer "slapped" Officer Bush's hand away.⁴² Salyer repeated that he did not want to be searched and shouted expletives at Officer Bush, Harrington, and Eckenrode.⁴³

Salyer then gathered his things and attempted to leave the Dean of Students' Office by "shov[ing] his way past Officer Bush."⁴⁴ But Officer Bush blocked the door and informed Salyer that he needed to be searched and was not permitted to leave.⁴⁵ Salyer, who is "husky and very strong, like a wrestler"⁴⁶ attempted to "push past" Officer Bush and exit the Dean of Students' Office into the High School's main hallway.⁴⁷ Officer Bush grabbed Salyer to restrain him.⁴⁸ Both Bush and Salyer fell to the ground.⁴⁹ On the ground, Salyer screamed, "continued to resist" Officer Bush, and kicked Officer Bush in the head.⁵⁰

Eckenrode called the police.⁵¹ Salyer got to his feet and remained standing until the police arrived.⁵² When two policemen from the Hollidaysburg Borough Police Department (the "Commonwealth Officers") arrived, Salyer was standing with his back to the wall and displayed a "hostile and aggressive" demeanor.⁵³ One of the Commonwealth Officers informed Salyer that he would be searched for the knife in question.⁵⁴ The CommonwealthOfficer spoke to Salyer in a calm tone, in an attempt to soothe Salyer.⁵⁵ But Salyer's demeanor did not change and he remained uncooperative.⁵⁶

One of the Commonwealth Officers ordered Salyer to life up his shirt, but Salyer refused to comply.⁵⁷ The Commonwealth Officer told Plaintiff that he would "be forced to submit to a search" if Salyer did not lift up his shirt.⁵⁸ Salyer replied, "You're not fucking touching me."⁵⁹

The Commonwealth Officers grabbed Salyer by his arms.⁶⁰ Salyer resisted.⁶¹ The Commonwealth Officers forced Salyer to the ground.⁶² Even after he was forced to the ground, Salyer continued fighting the officers.⁶³

The Commonwealth Officers searched Salyer.⁶⁴ After they handcuffed him, they placed him in a chair.⁶⁵ Officer Bush wiped Salyer's nose and got him a drink.⁶⁶ Salyer declined medical attention.⁶⁷

Salyer's mother arrived and was told that Salyer would face criminal charges for assaulting Officer Bush.⁶⁸ Salyer was released to his mother because he was a juvenile at thetime.⁶⁹ Later that day, UPMC Altoona Hospital admitted Salyer for psychiatric observation.⁷⁰

Before May 19, 2015, Salyer's mother had previously participated in meetings with some of Salyer's teachers and informed them that Salyer is sensitive to, and uncomfortable with, physical touch.⁷¹ Additionally, in October 2013, Ms. Salyer sent the High School a letter requesting that the High School contact her in the event of "any disciplinary actions or meetings" concerning her son.⁷²

B. Procedural History

Salyer filed a three-count Complaint before this Court. (ECF No. 1.) In Count I, Salyer asserted a claim for violation of his Fourth and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983. (Id. at ¶¶ 39-46.) In Count II, Salyer asserted state tort claims for negligence, gross negligence, and recklessness. (Id. at ¶¶ 42-44.) In Count III, Salyer asserted state tort claims for assault, battery, and false imprisonment. (Id. at ¶¶ 45-46.) Salyer brought each claim against all Defendants.

Defendants moved to dismiss Salyer's Complaint in its entirety. (ECF No. 11.) The Court, via Memorandum Opinion and Order, granted Defendants' Motion to Dismiss Salyer's Fourteenth Amendment claims, all state tort claims asserted against Hollidaysburg Area School District (the "School District"), and the negligence, gross negligence, and recklessness claims brought against Harrington, Eckenrode, Maureen D. Letcher, and Officer Bush (the "Individual Defendants"). (See "Memorandum Opinion," Sep. 26, 2016, ECF No. 22.) The Court denied Defendants' Motion to Dismiss with respect to the Fourth Amendment claim against all Defendants and the state tort claims for assault, battery, and false imprisonment against the Individual Defendants. (Id.)

Defendants now move for summary judgment on all remaining claims. (ECF No. 36.)

IV. Standard of...