Bagby v. Beal

• Citation: 455 F. Supp. 881
• Decision Date: 18 October 1978
• Docket Number: Civ. No. 77-758.
• Parties: Elizabeth V. BAGBY, Plaintiff, v. Frank S. BEAL, Individually and in his official capacity as Secretary of the Pennsylvania Department of Public Welfare, et al., Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

455 F. Supp. 881

Elizabeth V. BAGBY, Plaintiff, v. Frank S. BEAL, Individually and in his official capacity as Secretary of the Pennsylvania Department of Public Welfare, et al., Defendants.

Civ. No. 77-758.

United States District Court, M. D. Pennsylvania.

July 20, 1978.

As Corrected September 1 and October 18, 1978.

COPYRIGHT MATERIAL OMITTED

Donald Marritz, Legal Services, Inc., Gettysburg, Pa., for plaintiff.

David Max Baer, Deputy Atty. Gen., Pa. Dept. of Justice, Harrisburg, Pa., for defendants.

OPINION

MUIR, District Judge.

I. Introduction.

Elizabeth V. Bagby, a practical nurse licensed under the laws of the Commonwealth of Pennsylvania, (LPN) filed this action pursuant to 42 U.S.C. § 1983 alleging that the Defendants violated her constitutional rights when they suspended her for 10 days without pay from her position as an LPN I at the South Mountain Restoration Center, a geriatric restoration institution operated by the Pennsylvania Department of Public Welfare. The case was tried before the undersigned judge sitting with an advisory jury from July 10 through July 12, 1978. The Court received testimony on the liability phase of the case and, following the close of testimony, submitted four questions to the advisory jury relating to whether Defendants Donald E. Downs and Thomas F. Brubaker acted in good faith when they decided to suspend Ms. Bagby. Following the Court's findings that both Defendants acted in good faith, a finding which was also reached by the advisory jury, and that damages could not be assessed against them in their individual capacity but that Bagby's constitutional rights had been violated, the Court heard oral argument relating to the question of what equitable remedies, if any, should be awarded. The following are the court's findings of fact, discussion, and conclusions of law.

II. Findings of Fact.

1. The Plaintiff, Elizabeth V. Bagby, is and was at all relevant times a licensed practical nurse (LPN) under the laws of the Commonwealth of Pennsylvania. Undisputed)

2. Defendant Frank S. Beal was Secretary of the Pennsylvania Department of Public Welfare (DPW) from January 6, 1975 to February 15, 1978. (Undisputed)

3. Defendant Aldo Colautti is the present Secretary of DPW, having succeeded Defendant Beal in office on or about February 16, 1978. (Undisputed)

4. Defendant Donald E. Downs is and was at all relevant times the Administrator of the South Mountain Restoration Center (South Mountain). (Undisputed)

5. Defendant Thomas F. Brubaker is and was at all relevant times the Personnel Officer at South Mountain. (Undisputed)

6. Defendant Richard A. Rosenberry was the Director of the Pennsylvania State Civil Service Commission (Commission) from November 18, 1968 to January 5, 1977. (Undisputed)

7. Defendant John E. Millett is Defendant Rosenberry's successor in office, having assumed the position and duties of Director of the Commission on or about January 6, 1977. (Undisputed)

8. Defendant John A. M. McCarthy is and was at all times relevant the Chairman of the Commission. (Undisputed)

9. Defendant Ethel S. Barnett is and was at all relevant times a Commissioner of the Commission. (Undisputed)

10. Defendant Mary D. Barnes is a Commissioner of the Commission, having assumed that position on or about December 8, 1976. (Undisputed)

11. All of the Defendants are or were officials of the Commonwealth of Pennsylvania and acted under the color of its laws and in their official capacities. (Undisputed)

12. On March 15, 1976, Plaintiff was appointed to an LPN I position in the Pennsylvania State Civil Service, probationary status, at South Mountain Restoration Center, a geriatric restoration facility under the operation and control of the Pennsylvania Department of Public Welfare. (Undisputed)

13. Plaintiff remained on probationary status for the entire period relevant to this action. (Undisputed)

14. Plaintiff was a member of the class of employees subject to and covered by a Collective Bargaining Agreement entered into between the Commonwealth of Pennsylvania and the American Federation of State, County, and Municipal Employees (AFSCME). (Undisputed)

15. On or about August 9, 1976, five of plaintiff's co-workers, Donna Thompson, Beryl Myers, Shirley Miller, Mary Ann Kneasel and Suzanna Shultz, made oral accusations against plaintiff of theft of state property.

16. Upon arriving at work at South Mountain on September 9, 1976, at or about 2:30 p.m., plaintiff was told to and did report to an office designated by Defendant Brubaker for a meeting concerning the facts surrounding allegations against her of theft of state property. (Undisputed)

17. In addition to the plaintiff, the following individuals were present at the September 9, meeting;

Mrs. Dorothy Ridge, Director of Nursing;

Mrs. Shirley Sites, R.N., Shift Supervisor;

Mrs. Shirley M. Miller, Nursing Assistant I;

Ms. Mary Anne Kneasel, Nursing Assistant I;

Mrs. Donna Thompson, Nursing Assistant I;

Mrs. Beryl R. Myers, Nursing Assistant I;

Mrs. Bonnie Marpoe, LPN I, President of AFSCME's Local # 2355

(Undisputed)

18. The meeting began at or about 2:50 p. m.

19. Plaintiff was not informed of the purpose of the meeting until she arrived at the designated office. Plaintiff's first notice of any disciplinary proceedings or charges against her was an oral notice given at said meeting.

20. Defendant Brubaker informed plaintiff that the meeting was convened to determine the facts surrounding the allegations that plaintiff had stolen state property. (Undisputed)

21. Plaintiff was informed that the meeting could result in disciplinary action against her. (Undisputed)

22. Plaintiff was informed of the precise charges of theft of state property made against her including the items she was accused of taking and, where it was known, the precise dates she was alleged to have taken the said items.

23. All of Plaintiff's accusers were present at the meeting. (Undisputed)

24. All of plaintiff's accusers stated that they would testify under oath to the accusations articulated against Plaintiff. (Undisputed)

25. At the meeting Defendant Brubaker ask Plaintiff if she had anything to say with respect to the charges and she replied, "They are all lies."

26. Plaintiff was provided with an opportunity to present anyone she desired to adduce facts relevant to the inquiry. (Undisputed)

27. Defendant Brubaker made a report of the meeting which is a fair and accurate partial summary.

28. No individual participating in the meeting was placed under oath. (Undisputed)

29. No stenographic record was made of the meeting. (Undisputed)

30. Plaintiff was not given the opportunity to select a person to represent her at the meeting.

31. Bonnie Marpoe, president of American Federation of State, County, and Municipal Employees (AFSCME) Local 2355 was present at the meeting but did not speak on behalf of plaintiff.

32. Within 3 weeks after the meeting Plaintiff and her counsel requested to see any written statement of charges against her, but the request was denied.

33. Plaintiff and her counsel thereafter made several more requests to Defendant Downs for copies of all charges and reports made against her, which requests were consistently denied.

34. Plaintiff was not provided with a copy of Defendant Brubaker's report of September 13, 1976. (Undisputed)

35. Defendants Brubaker and Downs continued their investigation of the charges against Plaintiff after the September 9, 1976 meeting, as a result of which further evidence was produced and relied upon in their later decision to suspend Plaintiff.

36. Plaintiff was never informed of any evidence produced as a result of the investigation after the meeting.

37. The charges against Plaintiff adduced at the September 9, 1976, meeting were made known to Defendant Brubaker approximately one month before.

38. Plaintiff was provided with a Performance Evaluation Report on August 4, 1976.

39. At some time subsequent to September 9, 1976, and prior to September 17, 1976, Plaintiff requested to and did meet with Defendant Downs, at which time she was given the opportunity to and did respond to the allegations against her of which she had knowledge. (Undisputed)

40. At the above-referenced meeting, Defendant Downs did not provide Plaintiff with any additional information concerning the allegations against her. (Undisputed)

41. Plaintiff has always maintained that the charges against her are false. (Undisputed)

42. On or about September 16, 1976, three of Plaintiff's co-workers, Beryl Myers, Shirley Miller and Mary Ann Kneasel, made written charges of abusive treatment of patients against Plaintiff.

43. Defendants Brubaker and Downs had those writings in their possession or knew of the information contained therein before September 17, 1976.

44. By letters dated September 17, 1976, and September 28, 1976, Defendant Downs suspended Plaintiff for ten (10) working days without pay. (Undisputed)

45. The letter informing plaintiff of her ten-day suspension without pay (D3) contained the following paragraph:

If you are a member of a recognized bargaining unit, whether you are a member of the union or not, you may appeal this action at the third step of the Labor Agreement's Grievance Procedure; however, once an appeal is filed under the Civil Service Act, it cannot be appealed under the Labor Agreement's Grievance Procedure. (Undisputed)

46. Plaintiff's suspension was premised upon both the charges of theft of state property and abusive treatment of patients.

47. In the view of Defendant Downs, a ten-day suspension without pay is a reasonable, justifiable and lenient sanction for the charge of theft of state property.

48. Defendant Downs filed a written report of the suspension with the Pennsylvania State Civil Service Commission (Commission) on or about September 28, 1976. (Undisputed)

49. True copies of the report were also sent to the following persons and offices: DPW Office of...