Taylor v. Pawlowski

CPL. JEFFREY A. TAYLOR Plaintiff

v.COL. PAWLOWSKI, et al. Defendants

3;10-CV-2057

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DATE: February 19, 2013

(JUDGE MARIANI)

MEMORANDUM OPINION

The present matter is before the Court upon the motion of Defendants Col. Pawlowski, Col. Brown, Col. Bandy, and Lt. Brahl for Summary Judgment (Doc. 32), in addition to the motion of Defendants Captain Martin Henry, Sergeant Judith Holly-Storms, and Trooper Andrea Weichman for Summary Judgment (Doc. 31). The parties have completed briefing on the motions, and they are now ripe for disposition.

Plaintiff Jeffrey A. Taylor ("Plaintiff") is a corporal with the Pennsylvania State Police. Plaintiff alleges that he was retaliated against for engaging in allegedly protected First Amendment activities, and that he suffered further discrimination based on his gender.

Specifically, Plaintiff's Complaint alleges two counts: (1) that Pawlowski, Brown, Bandy, and Brahl violated his First Amendment rights by retaliating against Plaintiff for his complaints related to an allegedly illegal citation quota system, and (2) that Holly-Storms, Henry, and Weichman retaliated against him in violation of his First and Fourteenth Amendment rights.

STATEMENT OF FACTS¹

Jeffrey Taylor is a Corporal with the Pennsylvania State Police ("State Police"). At all relevant times, Taylor was assigned to the Troop T, Pocono Station ("Pocono Station"). (Compl., Doc. 1, at ¶¶ 1, 10). Frank Pawlowski is retired from the State Police. During the relevant times of this case, Pawlowski served as Commissioner of the State Police. (Pawlowski Dep., Doc. 34, Ex. B, at 12:13-22). John "Rick" Brown is retired from the State Police. During the relevant times of this case, Brown served as Deputy Commissioner of Administration and Professional Responsibility. (Brown Dep., Doc. 34, Ex. C, at 12:21-13:10). Tedescung Bandy is retired from the State Police. During the relevant times of this case, Bandy served as a Deputy Commissioner of Operations. (Bandy Dep., Doc. 34, Ex. D, at 15:18-22; 17:11-15). Martin Henry, III serves as a Major with the State Police. During the relevant times of this case, Henry served as a Captain and was the Troop Commander of Troop T. As Captain, Henry supervised Lieutenant Brahl. (Henry Decl., Doc. 34, Ex. E, at ¶¶ 1-3, 6-8). Gerald Brahl is a Lieutenant with the State Police. During all times relevant to this case, Brahl was the Commander for the Eastern Patrol Section, which included Pocono Station. Lieutenant Brahl supervised Sergeant Holly-Storms. (Id. at ¶¶ 7-9). Judith Holly-Storms is retired from the State Police. From March 2009 until her retirement in January 2010, Holly-Storms served as Sergeant of the Pocono Station. As Sergeant, Holly-Storms supervised the three Corporals assigned to the Pocono Station. (Id. at ¶¶ 9-11; Holly-Storms Decl., Doc. 34, Ex. F, at ¶¶ 1-2). During this time period, three corporals were assigned to the Pocono station: (1) CorporalMichael Durff; (2) Corporal Richard Verbonitz; and (3) Corporal Jeffrey Taylor. (Henry Decl. at ¶ 12; Holly-Storms Decl. at ¶ 4). Andrea Weichman is retired from the State Police. From October 2008 until her retirement in October 2011, Weichman served as a Trooper assigned to Pocono Station. (Henry Decl. at ¶ 44). As a Trooper, Weichman was Corporal Taylor's subordinate, although Weichman did not work directly under Taylor. (Taylor Dep., Doc. 34, Ex. G, at 159:12-22).²

In December 2008, a meeting was held between Lieutenant Brahl, Sergeant Fernbach, Corporal Durff, and Corporal Taylor regarding the establishment of a minimum number of contacts (traffic arrests and warnings) that troopers were expected to make per month. (Id. at 41:1942:16; 43:17-44:25). Corporal Taylor complained at the meeting that this amounted to an illegal quota system in violation of Pennsylvania law. (Id. at 49:17-19). According to Plaintiff, an officer's failure to implement the quota would result in the loss of eligibility for overtime compensation. (Id. at 74:2-9). State Police policy (Field Regulation 1.1.7) requires an officer to report, through his chain of command, any violations by other officers of departmental policy, Pennsylvania law, or federal law. (Henry Decl. at ¶¶ 39-40). Sometime thereafter, Corporal Taylor sent a letter, via the chain of command, to Commissioner Pawlowski alleging that a quota system existed in Troop T. (Taylor Dep. at 85:5-12). Corporal Taylor presented the letter to Sergeant Holly-Storms, as well as to the Internal Affairs investigator Sergeant Brad Getz. (Id.; see also Doc. 44, Ex. J)

Additionally, State Police officers who work more hours than their assigned shift are entitled to overtime pay under the collective bargaining agreement. (Henry Decl. at ¶ 14). At Troop T, Troopers and Corporals were permitted to volunteer to work discretionary overtime, which typically involved patrolling construction sites along the Pennsylvania Turnpike. (Id. at ¶ 15). The amount of discretionary overtime opportunities would fluctuate throughout the year based upon weather and construction schedules. For example, overtime opportunities would typically decrease during the winter months because fewer construction jobs would occur during those months. (Henry Decl. at ¶ 17; Taylor Dep. at 72:24-73:1). In 2008, Corporal Taylor worked the least amount of overtime of the Corporals and Troopers at the Pocono Station. (Dec. 2008 Overtime Summary, Doc. 34, Ex. I). Corporal Taylor worked little to no overtime during January through March 2009. (Taylor Dep. at 203:1-18).

In October 2009, Sergeant Holly-Storms removed all three of the Corporals at Pocono Station from receiving discretionary overtime. (Taylor Dep. at. 300:19-301:3). Between December 2008 and November 2011, only Corporal Durff received higher class pay. (Id. at 209:25-210:18). Corporal Taylor worked fewer holidays than the other corporals. (Id. at 185:21-186:3). Corporal Taylor never received any disciplinary action during the relevant time period. (Id. at 292:20-293:2).³

Taylor was involved in a motor vehicle accident with a truck in February 2008. (Id. at 20:10-21, 24:9-13, 32:21-24). Taylor received medical treatment for two years following the accident. (Id. at 24:9-13). In early to mid-2009, Captain Henry observed Corporal Taylorhaving difficulty get up from a chair and walk. (Henry Decl. at ¶¶ 24-25). Captain Henry asked Lieutenant Brahl to let the Station Commander, Sergeant Holly-Storms, know to keep an eye on Corporal Taylor's limp and to get back to him if any problems developed. (Id. at ¶ 27). State Police regulations give the Troop Commander, Captain Henry, the authority to recommend individuals be evaluated to determine fitness for duty if the commander believes there is an issue. (Id. at ¶ 28).

On January 8, 2010, Sergeant Holly-Storms sent Captain Henry correspondence recommending that Corporal Taylor be assessed based upon her observation of overt physical limitations exhibited by Taylor. (Id. at ¶ 30; see also Henry Att. 2). Pursuant to State Police regulations, Captain Henry forwarded the correspondence to the Department of Human Resources, who in turn forwarded the correspondence to the State Police medical officer, Dr. Michael S. Marrone. (Henry Decl. at ¶ 33). Dr. Marrone recommended that Corporal Taylor undergo a Functional Capacity Evaluation ("FCE") to determine whether he was fit for active duty. (Id. at ¶ 34; see also Henry Att. 3). Based upon Dr. Marrone's recommendations and direction from the Bureau of Human Resources, Captain Henry ordered that Corporal Taylor be placed on limited duty pending the evaluation and results. (Henry Decl. at ¶ 36). Corporal Taylor was assigned to medically-limited duty from January 29, 2010 until March 31, 2010. (Id. at ¶ 38).

Plaintiff grieved the decision requiring his submission to a FCE and his placement on limited duty. (Doc. 44, Ex. S). The Pennsylvania State Police Troopers' Association submitted Plaintiff's grievance to final and binding arbitration. An arbitrator ruled that the PennsylvaniaState Police "did not have reasonable cause to require the grievant to undergo fitness for duty testing under the specific fact situation in this matter." (Doc. 44, Ex. Y, at 25). Plaintiff also grieved his denial of overtime for the month of July 2009 (Doc. 44, Ex. N) and the denial of intrusion pay (Doc. 44, Ex. R).

Sometime in 2009, Corporal Taylor initiated an internal investigation against Trooper Weichman relating to the mishandling of evidence. (Taylor Dep. at 162:3-164:6). Corporal Taylor submitted the report to Sergeant Holly-Storms. (Id. at 164:5-14). On January 6, 2010, Captain Henry initiated a Disciplinary Action Report ("DAR") against Trooper Weichman for violating State Police policy relating to evidence collection and storage. (Henry Decl. at ¶ 45; see also Henry Att. 4). In May of 2009, Corporal Taylor reported to Sergeant Holly-Storms that Trooper Weichman cited the incorrect radar unit serial number on traffic citations. (Taylor Dep. at 165:24-167:24). On August 2, 2010, Captain Henry initiated another DAR against Trooper Weichman for violating State Police regulations relating to knowingly entering inaccurate information on reports, inappropriate conduct for a member of the State Police, and "provid[ing] false statements" during internal investigations. (Henry Decl. at ¶ 47; see also Henry Att. 5). Trooper Weichman was suspended for fifteen days without pay. (Weichman Dep., Doc. 34, Ex. H, at 24:3-13).

In March of 2010, Corporal Taylor again complained about Trooper Weichman to the acting Station Commander, Corporal Durff. (Taylor Dep. at 273:5-275:2). That same month, Corporal Durff placed Corporal Taylor on a straight dayshift schedule. (Id.).

Meanwhile, in November 2009, Trooper Weichman had filed a harassment complaint against Corporal Taylor with the Pennsylvania Human Relations Commission ("PHRC") and the State Police Equal Employment...