Barna v. Bd. of Sch. Dirs. of the Panther Valley Sch. Dist.
| Decision Date | 07 December 2017 |
| Docket Number | No. 15-3904,15-3904 |
| Citation | 877 F.3d 136 |
| Parties | John BARNA, Appellant v. BOARD OF SCHOOL DIRECTORS OF the PANTHER VALLEY SCHOOL DISTRICT, also known as Panther Valley Board of Education; Anthony Pondish; Koreen Nalesnik; Jeffrey Markovich; David Hiles; William Hunsicker ; Anthony Demarco; Donna Trimmel |
| Court | U.S. Court of Appeals — Third Circuit |
Gary D. Marchalk, Esq., Law Offices of Gary D. Marchalk, LLC, 204 East Broad Street, Tamaqua, PA 18252, Jonathan P. Phillips, Esq. [ARGUED], 606 Country Hill Road, Orwigsburg, PA 17961, Counsel for Appellant
Thomas A. Specht, Esq. [ARGUED], Marshall Dennehey Warner Coleman & Goggin, P.O. Box 3118, Scranton, PA 18505, Counsel for Appellees
Before: CHAGARES, GREENAWAY, JR., and RESTREPO, Circuit Judges
Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board ("School Board" or "Board") and several of its officials violated his First Amendment rights by categorically banning him from attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The District Court granted the motion, holding that although the Board's ban violated Barna's constitutional rights, qualified immunity shielded both the Board and the officials from liability for damages. For the reasons set forth below, we will affirm in part, vacate in part, and remand for further proceedings.
The relevant facts are not in dispute. Barna attended a School Board meeting on April 8, 2010, at which he expressed concern about a particular school district contract. Barna mentioned that he and his friends were confused by the contract, which they perceived as a waste of public resources. School Board President Jeffrey Markovich responded by suggesting that Barna bring his friends to the next meeting. Barna replied: Joint Appendix ("J.A.") 129. Barna asserted at his deposition that this remark was a joke. J.A. 129.
The Board held another meeting on April 22, 2010. Before the meeting began, Markovich told Barna: "Since you say that you have friends with guns, I'm going to have to ask you to leave." J.A. 130. Markovich reiterated a similar message once the meeting began. While exiting the meeting, Barna stated: J.A. 130. Some meeting attendees construed the remark as a threat.
Barna alleges that after leaving the meeting room, David Hiles, a Board member standing in the hallway, made threatening gestures toward him. A security guard restrained Barna as he attempted to follow Hiles. Barna then returned to the Board room and stated that Hiles "just threatened [his] life." J.A. 131.
On April 27, 2010, Rosemary Porembo, the school district superintendent, informed Barna by letter that he could attend Board meetings but would be banned from future attendance if he engaged in any threatening or disorderly conduct. Barna subsequently attended several Board meetings without incident.
Barna attended another Board meeting on October 12, 2011. Barna raised his voice and became confrontational after being denied the opportunity to ask questions. Markovich stood up at some point, which Barna apparently interpreted as an invitation to fight. Barna stated: J.A. 133. Barna admitted that during the meeting he "blew [his] top" and was "just mad." J.A. 133.
The Board convened again the next day, at which point Barna apologized for his conduct to some, but not all, of the Board members. During a brief recess at the meeting, Barna uttered "[s]on of a bitch" within earshot of meeting attendees, including some children. J.A. 135.
On October 18, 2011, the Board solicitor, Robert Yurchak, sent Barna a letter barring him from attending all Board meetings or school extracurricular activities because his conduct had become "intolerable, threatening and obnoxious" and because he was "interfering with the function of the School Board." J.A. 292. Barna was also banned from "be[ing] physically present" on the Panther Valley campus. J.A. 292. Barna was, however, permitted to submit "reasonable and responsible" written questions to the Board, which would be answered in a timely manner. J.A. 292. A Board member testified that he did not believe that there was any other way of "correct[ing] the problems that the Board had with Mr. Barna." J.A. 249.
Barna did not write to the Board with any questions or comments after receiving the letter, although he did request and obtain audiotapes of Board meetings. J.A. 136. When asked why he had made no additional requests, Barna testified that he "gave up" because he was no longer permitted to attend Board meetings. J.A. 136.
Barna filed this suit on April 5, 2012, and filed an amended complaint the following day, naming as defendants the School Board and individual Board officials Anthony Demarco, David Hiles, William Hunsicker, Jeffrey Markovich, Koreen Nalesnik, Anthony Pondish, and Donna Trimmel. Barna alleged violations of his First Amendment right to free speech (Count 1) and violations of his First and Fourteenth Amendment rights to be free from unconstitutional prior restraint (Count 2).
The Board and the officials moved for judgment on the pleadings, and the officials moved for dismissal based on qualified immunity. The District Court denied these motions on October 15, 2013. The Board and the individual officials later moved for summary judgment. The District Court referred the matter to a Magistrate Judge, who recommended granting summary judgment in favor of the defendants. Barna timely objected. The District Court ordered supplemental briefing and oral argument. During oral argument on April 10, 2015, the parties agreed that there were no disputes of material fact. J.A. 9 n.1. Barna moved for summary judgment on April 28, 2015. On November 6, 2015, the District Court granted summary judgment in favor of both the Panther Valley School Board and the individual School Board officials.
Barna filed this timely appeal.
The District Court had jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. §§ 1983 and 1988. We have jurisdiction pursuant to 28 U.S.C. § 1291. Our review of a District Court's grant or denial of summary judgment is plenary, and we apply the same standard that the District Court applies. Kelly v. Borough of Carlisle, 622 F.3d 248, 253 (3d Cir. 2010). It is appropriate to grant summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a).
The District Court determined that the Board's categorical ban on Barna's attendance at meetings violated Barna's First Amendment rights. It nonetheless concluded that all of the defendants were entitled to qualified immunity because the right to participate in School Board meetings despite engaging in a pattern of threatening and disruptive behavior was not "clearly established." Barna does not take issue with the District Court's finding that the ban was unconstitutional, and we will not address that determination here.1
Barna instead argues that the District Court erred in granting qualified immunity to all of the defendants. We examine the District Court's conclusion first with respect to the individual Board members and then with respect to the Panther Valley School Board, a municipal entity.
A plaintiff seeking relief under 42 U.S.C. § 1983 must demonstrate "that the defendants, acting under color of law, violated the plaintiff's federal constitutional or statutory rights, and thereby caused the complained of injury." Elmore v. Cleary, 399 F.3d 279, 281 (3d Cir. 2005). Section 1983 is not a source of substantive rights but rather "a mechanism to vindicate rights afforded by the Constitution or a federal statute." Black v. Montgomery Cty., 835 F.3d 358, 364 (3d Cir.), as amended (Sept. 16, 2016), cert. denied sub nom. Pomponio v. Black, ––– U.S. ––––, 137 S.Ct. 2093, 197 L.Ed.2d 895 (2017). A defendant sued under § 1983 is entitled to qualified immunity "unless it is shown that the official violated a statutory or constitutional right that was ‘clearly established’ at the time of the challenged conduct." Plumhoff v. Rickard, ––– U.S. ––––, 134 S.Ct. 2012, 2023, 188 L.Ed.2d 1056 (2014) (citing Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) ). A right is "clearly established" for these purposes when its "contours ... [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (citing Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987) ); see also Hope v. Pelzer, 536 U.S. 730, 741, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002) (). It is not enough that the right is defined at a high level of generality; rather, "[t]he dispositive question is ‘whether the violative nature of particular conduct is clearly established.’ " Mullenix v. Luna, ––– U.S. ––––, 136 S.Ct. 305, 308, 193 L.Ed.2d 255 (2015) (quoting al-Kidd, 563 U.S. at 742, 131 S.Ct. 2074 ).
In conducting the inquiry into whether a right is clearly established, we look first for "applicable Supreme Court precedent." Mammaro v. N.J. Div. of Child Prot. & Permanency, 814 F.3d 164, 169 (3d Cir.), as amended (Mar. 21, 2016). If none exists, we consider whether there is a case of controlling authority in our jurisdiction or a " ‘robust consensus of cases of persuasive authority’ in the Courts of Appeals [that] could clearly establish a right for purposes of qualified immunity." See id. (quoting Taylor v. Barkes, ––– U.S. ––––, 135...
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