Merkle v. Upper Dublin School Dist.
| Citation | 211 F.3d 782 |
| Decision Date | 24 January 2000 |
| Docket Number | No. 99-1613,99-1613 |
| Parties | (3rd Cir. 2000) LOU ANN MERKLE Appellant, v. UPPER DUBLIN SCHOOL DISTRICT; UPPER DUBLIN TOWNSHIP POLICE DEPARTMENT; MARGARET THOMAS; CLAIR BROWN, JR., DR.; JACK HAHN, DETECTIVE Argued: |
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Appeal from the United States District Court For the Eastern District of Pennsylvania D.C. No.: 98-cv-03703 District Judge: Honorable Robert F. Kelly
[Copyrighted Material Omitted]
[Copyrighted Material Omitted] A. Martin Herring (Argued) A. Martin Herring & Associates 1845 Walnut Street, Suite 2240 Philadelphia, PA 19103 Counsel for Appellant
Jeffrey H. Quinn (Argued) Duffy & Quinn Independence Square West The Curtis Center, Suite 1150 Philadelphia, PA 19106 Counsel for Appellees Upper Dublin School, Margaret Thomas, and Clair Brown
L. Rostaing Tharaud (Argued) Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Counsel for Appellees Upper Dublin Twp. Police and Jack Hahn
Before: GREENBERG, ROTH, and ROSENN, Circuit Judges.
This appeal presents several interesting questions arising out of an alleged constitutional tort committed by a township school district and its superintendent in the arrest and prosecution of one of their teachers for the unlawful removal of school supplies. The plaintiff, Lou Ann Merkle, formerly a teacher at the Upper Dublin School District ("the District"), filed this action in the U.S. District Court for the Eastern District of Pennsylvania under 42 U.S.C. S 1983. She alleged violations of her rights under the First, Fourth, Sixth, and Fourteenth Amendments, as well as pendent state law claims for defamation, invasion of privacy, false arrest and malicious prosecution. The defendants are the District, District Superintendent Dr. Clair Brown, Jr., and Sandy Run Middle School Principal Margaret Thomas (collectively, "the School Defendants"); and the Upper Dublin Police Department and Upper Dublin Police Detective Jack Hahn (collectively, "the Police Defendants").
The district court granted summary judgment in favor of all defendants as to Merkle's federal law claims. The court held that Merkle had failed to offer sufficient evidence to establish a genuine issue of material fact as to these claims, and also that Superintendent Brown, Principal Thomas, and Detective Hahn were entitled to qualified immunity. Having entered judgment for all defendants on these federal claims, the district court refused to exercise jurisdiction over Merkle's state law claims, and accordingly dismissed those claims without prejudice. Merkle timely appealed.1 We affirm the judgment of the district court as it relates to the Police Defendants and the principal, Margaret Thomas, but reverse as it applies to the School District and its superintendent, Dr. Clair Brown.
Merkle taught art at Sandy Run Middle School in the Upper Dublin School District of Pennsylvania. She had been a proponent of raising multicultural awareness in the District, and at times had been outspoken about her views. She was a leader in a local chapter of a group known as Seeking Educational Equity and Diversity, or SEED, which she had helped to bring to the school district with the approval of Superintendent Clair Brown. In addition, at a May 1996 public meeting of the District's Board of School Directors, Merkle spoke in support of a parent's request that The Adventures of Huckleberry Finn be removed from the District's required reading list because of its offensive language with respect to African Americans. Sometime thereafter, Superintendent Brown acceded to this request.
Margaret Thomas took over as principal of Sandy Run prior to the start of the 1996-97 school year. Merkle testified in her deposition in this case that shortly after Thomas assumed the principal post, she mentioned to Merkle that she had attended the May 1996 board meeting, and that she felt it was a "mistake" for Merkle to publicly challenge a District policy at that meeting.
On August 27, 1997, prior to the start of the 1997-98 school year, Merkle and fellow art teacher Nancy Markowich were cleaning out the art supplies closet at the Sandy Run Middle School. They apparently decided that some of the items in the supply closet were no longer useful and could be donated to the North Hills Community Center, a local center serving underprivileged children. These items included two cartons containing a total of 144 unopened boxes of Crayola Crayons.2 At this time, Merkle was unaware of any official school procedures for obtaining permission to donate art supplies, and apparently believed that such decisions were within the art teacher's discretion. The next day, Merkle brought these items to her car, which was parked outside the school. Margaret Thomas and Sandy Run Assistant Principal Wanda Anderson saw Merkle loading these boxes of supplies into her car, and Thomas approached Merkle and asked what she was doing. Merkle explained that Mrs. Markowich and she concluded that these materials "weren't useful in the curriculum," and that they intended to donate them to the North Hills Community Center. Thomas asked if Merkle had authorization to donate these materials. Merkle responded that she did not, and asked what Thomas suggested. Thomas replied that she did not know but that she would call the District's business manager to ascertain if there was a procedure for donations of school property. Thomas directed Merkle that in the meantime she should bring the art materials back inside the school. Merkle promptly complied.
When Thomas called the business manager, he informed her that a list of the items sought to be donated must be compiled and submitted to the school board for approval. Thomas also spoke with Superintendent Brown who, after consulting the District's attorney, instructed Thomas to call the Upper Dublin Police Department to report the incident. Apparently Brown, however, personally called the Chief of Police to tell him that Thomas would be calling to report a teacher whom she had witnessed taking District property without permission, and who had admitted that she had done this in the past as well. Thomas informed Merkle that Brown had instructed her to call the police, and Thomas carried out Brown's instruction.
The Police Department assigned Detective Hahn to the case. Hahn met with Thomas at Sandy Run Middle School on August 29, the day after the incident. Thomas told Hahn about the incident, and according to Hahn, explained that the District wanted "charges filed" against Merkle. Based solely on the information he learned from Thomas, Hahn swore out an affidavit of probable cause for Merkle's arrest, as well as a criminal complaint against her. In Hahn's affidavit of probable cause, he averred that Thomas informed him that Merkle admitted to "stealing the supplies from the school." Hahn testified in his deposition that Thomas actually used the word "stealing" during their meeting, that this was the basis for his determination that probable cause for arrest did exist, and that he did not take any written statement from her. In Thomas's deposition in this case, however, she testified that she did not tell Hahn that Merkle had confessed to "stealing," but rather that Merkle had acknowledged that she knew the art materials were District property, and that she had not asked for or received permission to take these materials from the school. Nevertheless, Detective Hahn also testified that"taking another's property without permission" meant the same thing to him as "stealing."
That same day, a meeting took place between Merkle, Superintendent Brown, Principal Thomas, and the District's director of personnel. Merkle was represented at this meeting by individuals from her teacher's union. At this meeting, Merkle was informed that she would be suspended from her teaching position without pay pending the outcome of an investigation.
On September 2, Hahn arrested Merkle and charged her with theft by taking pursuant to 18 Pa. Cons. Stat. Ann. S 3921.3 The police criminal complaint also charged her with receipt of stolen property pursuant to 18 Pa. Cons. Stat. Ann. S 3925,4 and criminal attempt pursuant to 18 Pa. Cons. Stat. Ann. S 901.5 After her arrest, the School District suspended Merkle from her position, and Superintendent Brown wrote a letter to the school board recommending that Merkle be dismissed on the ground of "immorality."
District Justice Patricia Zaffarano held a preliminary hearing on October 6, 1997, and bound Merkle over for trial. Thereafter, the incident received considerable attention in the local newspaper. The District issued a public statement explaining that Merkle was observed taking art supplies from Sandy Run, that Detective Hahn had filed a criminal complaint charging Merkle with theft, receiving stolen property, and criminal attempt to commit theft, that a district justice had found that a prima facie case existed on these charges, and that a trial date was going to be set. The District refused to make additional comment on the matter, except to say that the district attorney would contact the newspaper when he deemed appropriate.
Merkle filed a motion for habeas corpus in the Court of Common Pleas for Montgomery County, and on January 16, 1998, her motion was granted and the charges against her dismissed. Merkle pursued administrative remedies regarding her employment status, and after 91 days of suspension and arbitration under the collective bargaining agreement, she won reinstatement with back pay. Merkle has since left her position at the District.
Merkle's complaint in the instant action raised numerous federal claims. Against the Police Defendants, she claims violation of her Fourth Amendment rights by arresting her without probable cause, and, with respect to the Police Department, by failing to train its...
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