Daury v. Smith

Decision Date06 January 1988
Docket NumberNo. 87-1764,87-1764
Citation842 F.2d 9
Parties45 Ed. Law Rep. 1000 Jeffrey A. DAURY, et al., Plaintiffs, Appellants, v. Charles SMITH, et al., Defendants, Appellees. . Heard
CourtU.S. Court of Appeals — First Circuit

Maurice M. Cahillane with whom Egan, Flanagan, Egan, P.C., Springfield, Mass., was on brief, for plaintiffs, appellants.

Ralph Cianflone, Jr., with whom Cianflone & Cianflone, P.C., Pittsfield, Mass., was on brief, for defendants, appellees Charles Bordeau and John Davis.

Samuel A. Marsella and Doherty, Wallace, Pillsbury & Murphy, P.C., Springfield, Mass., on brief, for defendants, appellees Charles Smith, George Desnoyers, Edwin R. Grady, Toby L. Hekler, Augusta Liebowitz, George Newell, and Evelyn Perera.

Michael J. McCarthy, City Sol., on brief for defendant appellee Pittsfield School Committee.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

Plaintiff-appellant Jeffrey Daury appeals the grant of summary judgment in favor of defendants-appellees in his action for deprivation of constitutional rights under 42 U.S.C. Sec. 1983. Daury, a "grade leader" in the Pittsfield, Massachusetts school system, alleged in three counts of his complaint that the defendants, 1 by requiring him to consult a psychiatrist as a condition of continued employment, deprived him of his right to privacy as guaranteed by the ninth and fourteenth amendments and his right to liberty as guaranteed by the fourteenth amendment. Daury claimed that as a result of defendants' action he suffered emotional distress, mental anguish, and damage to his health and well-being. Daury further claims that the decision to require him to see a psychiatrist was made in retaliation for his "union activities and free speech" and constituted intentional infliction of emotional distress. Daury also advanced two pendent state law counts, alleging violations of Massachusetts statutory protections relating to privacy and to the necessity for "open meetings" of governmental bodies. See Mass.Gen.Laws Ann. ch. 214, Sec. 1B (West 1958 & Supp.1987); Mass.Gen.Laws Ann. ch. 39, Sec. 23B (West 1985); Mass.Gen.Laws Ann. ch. 12, Sec. 11I (West 1986). 2

Defendants filed a motion for summary judgment, and a magistrate recommended that the court rule in favor of defendants. Following the filing of Daury's objections to the magistrate's report, the district court conducted a de novo review and granted summary judgment on the section 1983 claims. 3 The court determined not to exercise jurisdiction on the pendent state law claims and dismissed the entire complaint. Daury only appeals the grant of summary judgment. 4

I. Standard of Review

Summary judgment is only appropriate when the pleadings and other submissions "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). To demonstrate that no genuine issue of material fact exists, the moving party must point out "an absence of evidence supporting the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). In reviewing the trial court's grant of summary judgment, we must view the record in the light most favorable to the party opposing the motion, and must indulge all inferences favorable to that party. Metropolitan Life Insurance Co. v. Ditmore, 729 F.2d 1, 4 (1st Cir.1984); King v. Williams Industries, Inc., 724 F.2d 240, 241 (1st Cir.1984), cert. denied, 466 U.S. 980 (1986). But this does not mean that the opposing party may simply assert, without more, that its version of the case is true. As we stated in Perez de la Cruz v. Crowley Towing & Transportation Co., 807 F.2d 1084, 1086 (1st Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 2182, 95 L.Ed.2d 838 (1987): "[T]he party opposing summary judgment 'may not rest upon the mere allegations ... of his pleading, but his response ... must set forth specific facts showing that there is a genuine issue for trial.' " (citing Fed.R.Civ.P. 56(e)). A genuine issue is "one in which the party opposing summary judgment provides evidence 'such that a reasonable jury could return a verdict for the nonmoving party.' " Id. (quoting Anderson v. Liberty Lobby, 477 U.S. 242, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986)). With this standard in mind, we turn to the facts.

II. The Facts

Jeffrey Daury began work for the Pittsfield school system in 1970 as a school principal. Two general aspects of his tenure are relevant to this appeal. First, Daury's favorable work evaluations began to decline in 1979 because defendants received an above average number of complaints concerning Daury from parents. Daury admits that some complaints did issue, but denies the foundation for many of them. Second, from 1979 until some time in 1983, Daury was a member of the negotiating team for the Pittsfield Teacher's Association. Daury asserts that he was very vocal in this role, but concedes that nothing unusual--neither strikes nor picketing--occurred during any period of contract negotiations.

In May 1983, the school committee decided to close one of the schools in the district because of bugetary constraints. It, therefore, became necessary to demote one principal the committee decided upon Daury, and he was demoted to his present position of grade leader. Daury initiated a grievance procedure, but subsequently abandoned it. The committee has averred that its decision was in strict accordance with the requirement under the collective bargaining agreement that it consider both seniority and performance in deciding upon the demotion of a school principal.

Defendants point to three incidents, as well as other matters, leading to their decision to require that Daury see a psychiatrist. The first incident took place in October 1982. During a meeting about school funds between Daury and Theodore Herberg, director of research for the Pittsfield schools, Daury brought up a personal matter. The conversation turned into a near physical altercation; Daury received a written reprimand from Superintendent Davis. Daury filed a grievance and an arbitrator upheld the reprimand.

The second incident occurred in November 1982. Daury discovered documents in his personnel file that he had not signed. This was contrary to the collective bargaining agreement, which required that any document placed in a teacher's personnel file must be first signed by the teacher. Later that same day, Daury encountered Davis and another school administrator in the school parking lot. An argument concerning the unsigned documents ensued, as a result of which Davis suspended Daury for three days without pay. Again Daury filed a grievance. The arbitrator reduced the suspension to one day, and ordered the documents removed from Daury's file.

The final incident which prompted the school committee to require that Daury see a psychiatrist took place on June 3, 1983. Daury was supervising students crossing the street when a boy (not, as it developed, a student at Daury's school) began to cross in an unsafe manner. Daury told the boy to stop, and the boy swore at him. Daury took hold of him. According to Daury, he held the boy's arm. Defendants were told that Daury grabbed the boy by the neck. A police officer intervened and the boy was released. The boy's parents initiated a criminal complaint against Daury for assault and battery. Two witnesses, including the police officer, testified at trial that Daury put a "stranglehold" on the boy. One of these witnesses, a woman who allegedly viewed the entire incident, had telephoned Davis reporting the incident soon after it happened. Daury was found not guilty and the presiding judge praised his behavior as responsible.

Prior to the criminal trial, Daury and his attorney met in Davis' office with a representative of the Massachusetts Teachers Association (MTA), Assistant Superintendent Bordeau, and Superintendent Davis. Both Bordeau and Davis assert that Daury stated at the meeting that he was under a great deal of pressure and that he thought he needed some tranquilizers. It was tentatively agreed that Daury would be put on a leave of absence with pay until the end of the school year--that is, until the end of June 1983.

The school committee formally approved the paid leave at a meeting held that same evening. In addition, the committee decided that Daury be required to see a psychiatrist before returning to work. In their depositions, the committee members gave three reasons for this decision: their concern for Daury's health, their concern for the children under his care, and possible school liability stemming from some future action of Daury.

Bordeau scheduled an appointment for Daury with a psychiatrist, Dr. Richard Culley. Daury canceled the appointment, and his attorney challenged the doctor's qualifications. Eventually Daury and the school committee agreed that Daury would see the psychiatrist on the understanding that should Dr. Culley's report prove unfavorable, the committee would pay for a second evaluation by a psychiatrist of Daury's choice. Daury did not file a grievance objecting to the requirement that he consult a psychiatrist.

In September, an attorney from the MTA, who was also representing Daury, wrote to Bordeau requesting a detailed list of all incidents that gave rise to the school committee's concern for Daury's health. Bordeau prepared a letter listing twenty-three reasons, including, inter alia, the October and November 1982 altercations with administrators, the testimony of the two witnesses at Daury's criminal trial, and Daury's own admission just before the criminal trial that he was under pressure and needed tranquilizers. Bordeau sent a copy of that letter to Dr. Culley, who had previously requested additional information from the school committee.

Dr. Culley met with Daury three times. He then issued a report favorable to Daury and critical of...

To continue reading

Request your trial
176 cases
  • State v. Russo
    • United States
    • Connecticut Supreme Court
    • February 19, 2002
    ...in [one's medical] status is no more absolute than the right to control access to other types of personal information''); Daury v. Smith, 842 F.2d 9, 13 (1st Cir. 1988) (''[t]he privacy right . . . [in confidential information] must often give way to considerations of public interest''). In......
  • CARIBE BMW v. Bayerische Motoren Werke
    • United States
    • U.S. District Court — District of Puerto Rico
    • May 13, 1993
    ...Caribe's counsel cannot substitute with argument what is Caribe's affirmative duty to plead with specificity. See Daury v. Smith, 842 F.2d 9, 15 (1st Cir.1988) ("we do not think our duty to liberally construe the pleadings gives a plaintiff the license to amend the complaint by memorandum........
  • Lipsett v. University of Puerto Rico
    • United States
    • U.S. Court of Appeals — First Circuit
    • October 26, 1988
    ..." Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986) (quoting Rule 56(e)); see also Daury v. Smith, 842 F.2d 9, 11 (1st Cir.1988). But the court should do no more than this in reviewing the quality of the evidence. Most critically, it must never "weigh ......
  • Navarro v. Banco Popular De Puerto Rico (In re Navarro)
    • United States
    • U.S. Bankruptcy Court — District of Puerto Rico
    • January 9, 2017
    ...nonmoving party. Poller v. Columbia Broadcasting Systems, Inc., 368 U.S. 464, 473, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962) ; Daury v. Smith, 842 F.2d 9, 11 (1st Cir. 1988).The moving party invariably bears both the initial as well as the ultimate burden in demonstrating its legal entitlement to ......
  • Request a trial to view additional results
1 books & journal articles
  • Lex-praxis of Education Informational Privacy for Public Schoolchildren
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 84, 2021
    • Invalid date
    ...Harris v. Thigpen, 941 F.2d 1495, 1513 (11th Cir. 1991); Walls v. City of Petersburg, 894 F.2d 188, 192 (4th Cir. 1990); Daury v. Smith, 842 F.2d 9, 13 (1st Cir. 1988); see also Overstreet v. Lexington-Fayette Urban County Gov't, 305 F.3d 566, 574 (6th Cir. 2002) (taking a very narrow view ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT