Behne v. Halstead, CIVIL No. 1:13-CV-0056
| Decision Date | 29 April 2014 |
| Docket Number | CIVIL No. 1:13-CV-0056 |
| Parties | RICHARD G. BEHNE, JR. and BARRY KELLER, Plaintiffs v. TAMI HALSTEAD; LORRIE NULTON; JASON EHRHART; JAMES PRESCOTT; THOMAS FITZPATRICK; and the BOROUGH OF NEWPORT, Defendants |
| Court | U.S. District Court — Middle District of Pennsylvania |
MEMORANDUM
In this civil action, former borough police officers assert various federal and state causes of action against the borough and a number of its current and former council members relating to Defendants' actions in disbanding the borough's police force. Presently before the court is Defendants' motion for summary judgment. For the reasons that follow, the motion will be granted in part and denied in part.
On October 16, 2012, the Newport Borough Council voted three-to-two to disband the Newport Police Department, effective immediately, thereby terminating the positions of the borough's two police officers, Plaintiff Richard G. Behne Jr. ("Officer Behne") and Plaintiff Barry Keller ("Officer Keller")(collectively "Plaintiffs"). Officer Behne had been employed as a police officer by the borough since 1998 (Behne Dep., Oct. 22, 2012, at p. 17), and Officer Keller had been employed as a corporal by the borough since September 2011 (Keller Dep. at p. 23). Defendants Tami Halstead ("Defendant Halstead"), Lorrie Nulton ("Defendant Nulton"), James Ehrhart ("Defendant Ehrhart"), and James Prescott ("Defendant Prescott") (collectively "Defendant Council Members") were four of the seven council members at the time of the vote to disband the police force. (Doc. 35-4, p. 215 of 259.) Defendants Halstead, Nulton, and Ehrhart voted in favor of the disbandment, and Defendant Prescott abstained from voting. Thomas Fitzpatrick ("Defendant Fitzpatrick"), although no longer an active council member at the time of the vote, remained an integral part of the council's activities, particularly with regard to the disbandment of the police force.
In the years preceding the vote, numerous events transpired that evidenced the mounting tension between the police department and certain members of the borough council, several of which are particularly noteworthy. First, the issues between the two groups appeared to intensify in 2010 when Officer Behne joined Teamsters Local Union No. 776 and sought the union's representation in negotiating a new contract with the borough. (See Fitzpatrick Dep. at pp. 27-29.) During the contract negotiations, a union representative appeared on behalf of Officer Behne at a borough council police committee meeting. (Id. at p. 29.) Defendant Fitzpatrick, a council member at the time of the negotiations, later testified in his deposition that he was "annoyed" Officer Behne had joined the union for the purpose of these negotiations because his union membership would "cost [the Borough] a lot of money." (Id. pp. 29-30.) For this reason, following the unionrepresentative's appearance at the committee meeting, Defendant Fitzpatrick and several other council members approached the borough solicitor, Stanley J. Laskowski ("Solicitor Laskowski"), concerning the borough's options regarding Officer Behne's union membership. (Id. at pp. 30-31, 68.) At that time, Solicitor Laskowski informed them that "he was not well versed in litigation with the union" and recommended that the council retain attorney Michael Miller, Esquire ("Attorney Miller") from the law firm of Eckert Seamans in Atlanta, Georgia, to represent the council in matters related to the police department. (Id. at pp. 30-31, 68.) Defendant Fitzpatrick contacted Attorney Miller to confirm his availability and retained his representation. (Id. at p. 31.) Subsequently, the Borough of Newport and the union entered into an employment contract on behalf of Officers Behne and Keller for the period of January 1, 2011 through December 31, 2013.
Second, following a series of escalating incidents between Officer Behne and the borough council, the council suspended Officer Behne for two minor infractions of borough policy. Prior to the suspension, Defendant Nulton had indicated that she was concerned with Officer Behne's whereabouts and suggested that the council install GPS systems in the borough police vehicles. (Fitzpatrick Dep. at p. 21.) The council voted in favor of installing the GPS systems, and Defendant Ehrhart, the borough council president at the time, selected Defendant Fitzpatrick to monitor the systems from his home computer. (Fitzpatrick Dep. at pp. 33-34.) Thereafter, Defendant Fitzpatrick provided the username and password for the monitoring system to Defendants Nulton and Halstead at their request. (Id. at p. 35.) The reports generated from the monitoring system, ranging anywhere from ten to 300 pages, enabled the council members to track the police vehicles' usage,locations, and speed. (Id. at pp. 42-46.) One report generated by the system indicated that Officer Behne's vehicle had traveled at 114 miles per hour on a four-lane highway outside of the borough. (Id. at p. 49.) Officer Behne, however, denied the accuracy of the report. Additionally, the council learned that Officer Behne had allegedly failed to report a motor vehicle accident wherein one of the vehicles required towing, thus violating a provision of the Vehicle Code that required an officer to complete an accident report when a vehicle could not be driven from the scene. (Id. at p. 65.) Officer Behne argued that he was not aware of the vehicle's need to be towed given the minor nature of the accident. Nevertheless, based upon these two incidents, the council suspended Officer Behne for fifteen days. As a result of his suspension and pursuant to his employment contract, Officer Behne filed a grievance with the Borough of Newport pursuant to his employment contract. In response, the mayor of Newport, Mary Hetrick, concluded that the suspension was unwarranted and, consequently, reversed the suspension. (Doc. 68-4, p. 25 of 27.) Thereafter, the council, acting in accordance with the advice of Attorney Miller, voted to override the mayor's decision to rescind the suspension and effectively suspended Officer Behne. (Fitzpatrick Dep. at pp. 62-63.) Due to his suspension, Officer Behne filed for and was awarded unemployment compensation over Defendants' objections.2 (Id. at pp. 63-66.) Defendant Fitzpatrick testified that this decision in Officer Behne's favor "[riled the] feathers" of some of the council members. (Id. at pp. 66-67.)
The next event that transpired was particularly strange. In February 2011, Defendant Halstead reported to Sergeant Charles Ringer of the Pennsylvania State Police that someone had intentionally defecated on the floor of the Borough Municipal Building. (Ringer Dep. at pp. 30-32.) According to Sergeant Ringer, Defendant Halstead insisted that the state police arrest and prosecute the individual responsible for the act and asserted her belief that Officer Behne was the culprit.3 (Id. at pp. 33-34.) Because of Defendant Halstead's accusation, Officer Behne agreed to undergo a polygraph test which, once completed, excluded Officer Behne as a suspect in the incident. (Ringer Dep. p. 52.) Sergeant Ringer notified Solicitor Laskowski that Officer Behne had passed the test and inquired whether he should polygraph anyone else. (Id.) After conferring with the borough council, Solicitor Laskowski advised Sergeant Ringer to discontinue the investigation. (Id. at pp. 52-53.)
On June 8, 2011, a resident of the borough, Tana Blair, accidently collided with a parked truck while driving in front of her home and called the police to report the incident. (Doc. 68-2, p. 45 of 48.) Officer Behne responded to the call and assisted Ms. Blair in contacting the vehicle's owner. (Id.) Later that evening, Ms. Blair spotted two individuals looking at the truck and, assuming they owned the vehicle, told them she was responsible for the damage. (Id.) One of the individuals introduced herself as "Tammy," i.e., Defendant Halstead, and explained that they did not own the vehicle but wished to view the police report. (Id.) Ms. Blair relayed to Defendant Halstead that Officer Behne had explained the accident was non-reportable, to which Defendant Halstead responded that Officer Behne does not do his job properly and had recently been suspended. (Id.) Additionally, Defendant Halstead made a slew of accusations against Officer Behne, including that he frequently drives his police car at speeds in excess of 100 miles per hour without cause; that he uses illicit drugs; that he was having sexual relations with a sixteen-year-old girl; and that he frequents an establishment called "T.J.'s" where he has been seen walking around naked and having sex. (Id. at pp. 45-46 of 48.) Upon learning of these allegations, Officer Behne filed a lawsuit against Defendant Halstead on August 12, 2011, in the Court of Common Pleas of Perry County, Pennsylvania, alleging slander and intentional infliction of emotional distress.
Nevertheless, certain members of the borough council continued to make disparaging remarks about Officer Behne. For instance, in August 2011, the borough council began conducting interviews for the newly created position of corporal within the police department. One of the candidates, Tricia Moench, testified during her deposition that Defendant Fitzpatrick requested that she meet with him to discuss the position prior to her interview. (Moench Dep. at pp. 26, 32.) During the meeting, Defendant Fitzpatrick accused Officer Behne of being a "town bully," "womanizer," and disciplinary problem (Id. at pp. 34-37, 50) and explained that the council could not fire him because he was part of the union (Id. at p. 40). Defendant Fitzpatrick asked Ms. Moench if she "[had] a problem with not being part of a union," to which she responded "no." (Id.) Ms. Moench ultimately declined the position. (Id. at pp. 48-49.) Similarly, Officer Keller testified that, during...
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