Gorman-Bakos v. Cornell Coop. Schenectady Co.

• Citation: 252 F.3d 545
• Decision Date: 14 March 2001
• Docket Number: PLAINTIFFS-APPELLANTS-CROSS-APPELLEES,Docket No. 00-9012,00-9104,GORMAN-BAKOS,DEFENDANTS-APPELLEES-CROSS-APPELLANTS
• Parties: (2nd Cir. 2001) LYNNAND RODNEY BAKOS,, v. CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, ELLEN ELLIOTT, INDIVIDUALLY AND AS EXECUTIVE DIRECTOR OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, ANGELA WARNER, INDIVIDUALLY AND AS AGENT, SERVANT AND EMPLOYEE OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, MIKE PIEROTTI, INDIVIDUALLY AND AS PRESIDENT OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, DOROTHY FOSTER, BOB LINDSAY, TIM MANNING, MARION PIERCE, JO ANN RAFILIK, STEVE RAS, LINDA ROHMER, SHARON SUTTON AND GRACE UNDERWOOD, INDIVIDUALLY AND AS DIRECTORS OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY,Spring Term, 2001 Argued:
• Court: United States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Page 545

252 F.3d 545 (2nd Cir. 2001)

LYNN GORMAN-BAKOS AND RODNEY BAKOS, PLAINTIFFS-APPELLANTS-CROSS-APPELLEES, v. CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, ELLEN ELLIOTT, INDIVIDUALLY AND AS EXECUTIVE DIRECTOR OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, ANGELA WARNER, INDIVIDUALLY AND AS AGENT, SERVANT AND EMPLOYEE OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, MIKE PIEROTTI, INDIVIDUALLY AND AS PRESIDENT OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, DOROTHY FOSTER, BOB LINDSAY, TIM MANNING, MARION PIERCE, JO ANN RAFILIK, STEVE RAS, LINDA ROHMER, SHARON SUTTON AND GRACE UNDERWOOD, INDIVIDUALLY AND AS DIRECTORS OF CORNELL COOPERATIVE EXTENSION OF SCHENECTADY COUNTY, DEFENDANTS-APPELLEES-CROSS-APPELLANTS.

Docket No. 00-9012, 00-9104

Spring Term, 2001

UNITED STATES COURT OF APPEALS For the Second Circuit

Argued: March 14, 2001

Decided June 4, 2001

Plaintiffs-Appellants appeal from a judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge), granting defendants' motion for summary judgment because plaintiffs failed to offer sufficient proof of a causal connection between their allegedly constitutionally protected speech and their dismissal from defendants' 4-H program. Defendants-Cross-Appellants appeal the denial of their request for attorney's fees.

The appeal is granted, and the judgment is vacated and remanded; the cross-appeal is denied as moot.

[Copyrighted Material Omitted]

L. John Van Norden, Schenectady, New York, for Plaintiffs-Appellants Lynn Gorman-Bakos and Rodney Bakos.

Jeffrey T. Culkin, Gordon, Siegel, Mastro, Mullaney, Gordon & Galvin, P.C., Latham, New York, for Defendants-Appellees Cornell Cooperative Extension of Schenectady County, Ellen Elliott, individually and as Executive Director of Cornell Cooperative Extension of Schenectady County, Angela Warner, individually and as agent, servant and employee of Cornell Cooperative Extension of Schenectady County, Mike Pierotti, individually and as President of Cornell Cooperative Extension of Schenectady County, and Dorothy Foster, Bob Lindsay, Tim Manning, Marion Pierce, Jo Ann Rafilik, Steve Ras, Linda Rohmer, Sharon Sutton and Grace Underwood, individually and as directors of Cornell Cooperative Extension of Schenectady County.

Before: Sotomayor, Katzmann, Circuit Judges, and Chin, District Judge.^*

Katzmann, Circuit Judge

Plaintiffs-Appellants Lynn Gorman-Bakos ("Gorman-Bakos") and Rodney Bakos ("Bakos") (together, the "Bakoses" or "plaintiffs") appeal from a judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Chief Judge), awarding summary judgment to defendants because plaintiffs failed to produce sufficient evidence of a causal connection between their speech and defendants' alleged retaliatory employment actions. The Bakoses argue that the district court erred in granting summary judgment because they offered sufficient facts to prove that a causal connection existed between their dismissal and their constitutionally protected speech. Defendants-Cross-Appellants appeal the denial of their request for attorney's fees.

For the reasons stated below, we vacate and remand for further proceedings. We dismiss the cross-appeal as moot.

BACKGROUND

I. The Cooperative

Defendant the Cornell Cooperative Extension Association of Schenectady County (the "Cooperative") is a subordinate government agency composed of an unincorporated organization of citizens of Schenectady County. See N.Y. County L. § 224(8)(b). In association with Cornell University, the Cooperative runs extension programs, including a 4-H program.¹ See N.Y. County L. § 224(8). The Cooperative is supported by federal, state and county funds. See 18 U.S.C. §§ 361a et seq.; N.Y. County L. § 224(8)(a),(b). The Cooperative is governed by a board of directors. See N.Y. County L. § 224(8)(b). At the time of the events alleged in the complaint, defendants Dorothy Foster, Bob Lindsay, Tim Manning, Marion Pierce, Jo Ann Rafilik, Steve Ras, Linda Rohmer, Sharon Sutton and Grace Underwood were members of the Cooperative's Board of Directors; defendant Mike Pierotti ("Pierotti") served as the president of the Board of Directors and of the Cooperative; defendant Ellen Elliott ("Elliott") served as the Executive Director of the Cooperative; and defendant Angela Warner ("Warner") served as the 4-H Youth Development Leader for the Cooperative's 4-H program.

II. Plaintiffs' Initial Concerns

In January 1997, plaintiffs, who are residents of Schenectady County and horse enthusiasts, applied to volunteer with the Cooperative's 4-H program. In February 1997, they enrolled as 4-H volunteer leaders and organized a 4-H club known as the "Horses & Hounds 4-H Club." Based on their participation in the 4-H program, the Bakoses became concerned about the Cooperative, believing that the Cooperative managed and allocated government funds in a manner inconsistent with its policies, had insufficient safety rules governing 4-H-sponsored horse competitions and activities, held inadequate insurance coverage for horse-related activities, and had inadequate guidelines for judging horse competitions.

According to defendants, in May 1997, the Bakoses contacted a New York State Horse Program faculty member at Cornell University, Jeanne Griffith ("Griffith"), to discuss the 4-H horse program. Warner learned of this discussion and spoke with Griffith, who told her that the Bakoses were concerned about the Cooperative's lack of cooperation with them. Warner had several conversations with the Bakoses, and in June 1997, the Schenectady 4-H Horse Club held a meeting to discuss its horse programs. The club, including the Bakoses, formed a Horse Rally committee to improve and promote its horse programs. During the summer, the committee met several times and worked closely with Warner. Warner allegedly received numerous complaints about the Bakoses' attitude and conduct during the Horse Rally committee meetings. In September 1997, the Bakoses resigned from the committee.

In October 1997, the Bakoses wrote to Warner regarding their worries about the Cooperative's 4-H program. While planning a meeting with the Bakoses, Warner, Elliott and the Bakoses exchanged heated correspondence. On October 22, 1997, Elliott, Warner and a Cooperative educator met with the Bakoses in person, and during the meeting, developed a plan to address the Bakoses's concerns. Nonetheless, the Bakoses were unsatisfied with the Cooperative's response. During November and December, the Bakoses, Warner, Elliott and another staff member engaged in further heated conversations and correspondence. Warner scheduled a meeting with 4-H Horse Club members for late December 1997, but this meeting was postponed when Gorman-Bakos could not attend.

In November and December 1997, the Bakoses requested various membership lists and other documents from the Cooperative. At the end of January, Bakos requested a list of all 4-H volunteers. On the advice of Cooperative's FOIL officer and after checking the Cooperative's policy manual, Elliott informed the Bakoses that she could not release the list.

III. Contacts with Local Political Leaders

In December 1997, the Bakoses wrote to Frank Potter ("Potter"), Chairman of the Schenectady County Legislature, and Robert McEvoy ("McEvoy"), the Schenectady County Manager, to criticize the Cooperative's resource allocation and to express concerns about its 4-H program. In early January 1998, Bakos met with Potter and McEvoy. After this meeting, Bakos called Warner and told her that he was concerned with animal science funding, horse programming and the lack of safety guidelines. On January 19, 1998, Gorman-Bakos wrote to Warner and Elliott to reiterate the issues raised by Bakos in his recent conversation with Warner. On January 21, 1998, Elliott, Pierotti and Potter met with the Bakoses, who explained their dissatisfaction with the Cooperative including its response to safety issues and its initial rejection of an out-of-county youth's membership in the Horse & Hounds. The Cooperative agreed that the out-of-county youth could join the Horse & Hounds and that the Cooperative's staff would draft and circulate horse-related safety guidelines within thirty days.

On January 23, 1998, Bakos called Elliott to ask that he be scheduled to address the Cooperative's Board of Directors at its next meeting. The request was granted, and Bakos made a presentation to the Board, discussing horse-safety issues and the Cooperative's lack of interest in large animal issues. On February 2, 1998, Gorman-Bakos called Warner to advise her that plaintiffs wanted to transfer the Horses & Hounds to the 4-H program of a neighboring county. Elliott and Warner informed plaintiffs that the Cooperative did not object to such a move. On February 5, 1998, Bakos wrote to Elliott to alert her that they planned to meet with three Schenectady County legislators to discuss the 4-H club, including its lack of safety rules, and alleged financial mismanagement of the Cooperative. On February 23, 1998, Elliott met with two legislators who had conferred with Bakos, and provided the legislators with information they requested.

IV. Safety Guidelines

On January 26, 1998, the Board of Directors voted to suspend large animal programs until safety guidelines were put in place. Warner led the safety guidelines project, and by mid-February, she circulated draft regulations. In early March 1998, Warner sent a letter to 4-H volunteer leaders advising them that the Board of Directors had suspended large animal programs for youths. On March 23, 1998, the Board of Directors adopted the Animal Safety Guidelines for Adults Working with Youth, and lifted the ban on large animal activities for those leaders who agreed to read and follow the guidelines. On April 3, 1998, Warner wrote to tell the volunteer leaders about...