Boykin v. Bloomsburg University of Pennsylvania, 4:CV-94-306.

• Decision Date: 07 July 1995
• Docket Number: No. 4:CV-94-306.,4:CV-94-306.
• Citation: 893 F. Supp. 378
• Parties: Michael R. BOYKIN, et al., Plaintiffs, v. BLOOMSBURG UNIVERSITY OF PENNSYLVANIA, et al., Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

893 F. Supp. 378

Michael R. BOYKIN, et al., Plaintiffs, v. BLOOMSBURG UNIVERSITY OF PENNSYLVANIA, et al., Defendants.

No. 4:CV-94-306.

United States District Court, M.D. Pennsylvania.

July 7, 1995.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Robert S. Mirin, Harrisburg, PA, for plaintiffs.

R. Douglas Sherman, Atty. Gens. Office, Harrisburg, PA, for defendants Dr. Harry Ausprich, Lt. Deborah Barnes, University of Bloomsburg, Charles Confer, Timothy Downs, Dr. Curtis English, Margaret Manning, Dr. Robert Parrish, Sallie Samsel, John Walker and Irvin Wright.

Sarah M. Bricknell, Buchanon Ingersoll, P.C., Harrisburg, PA, for defendant Virginia McAfee.

Sean P. McDonough, Dougherty, Leventhal & Price, Scranton, PA, for defendant William Kreisher.

Samuel E. Klein, Jacquelyn J. Fatula, Dechert, Price & Rhoads, Philadelphia, PA, for defendants Press Enterprise, Inc., and Paul Eyerly, III, Publisher of Press Enterprise.

OPINION

MUIR, District Judge.

I. Introduction and Background.

This order relates only to Defendants Bloomsburg University, Dr. Robert Parrish, Dr. Curtis English, Dr. Harry Ausprich, Margaret Manning, Irvin Wright, John Walker, Timothy Downs, Sallie Samsel, and Lt. Deborah Barnes (hereinafter the "Commonwealth Defendants").

On March 2, 1994, Plaintiffs Michael R. Boykin, Margaret L. Boykin, and Aaron M. Boykin filed a complaint in this Court against several Defendants. On May 9, 1994, the Boykins filed a virtually identical complaint based upon the same facts in the Court of Common Pleas of Columbia County, Pennsylvania, which was removed to this Court on May 31, 1994. The two cases were consolidated on June 15, 1994.

On February 1, 1995, the Commonwealth Defendants filed a motion for summary judgment, a brief in support thereof, a statement of material facts, and two volumes of documents in support of their motion.

On February 22, 1995, we issued an order in which we granted the Boykins' motion for a substantial extension of time, until March 24, 1995, to respond to the Commonwealth Defendants' motion for summary judgment as well as other motions for summary judgment filed by other Defendants in this case. The Boykins subsequently obtained an additional 3-week enlargement of time to respond to the Commonwealth Defendants' motion for summary judgment as a result of a then pending motion for disqualification of the undersigned judge filed in this case. Similarly, in order No. 2 of April 19, 1995, we reluctantly allowed the Boykins an additional 15 days to respond to the Commonwealth Defendants' motion for summary judgment. In our order of April 19, 1995, we stated that "the Boykins shall receive no further extensions of time absent exigent circumstances." In Order No. 3 of May 3, 1995, we allowed the Boykins an additional extension of time within which to respond to the Commonwealth Defendants' motion for summary judgment. Furthermore, on May 10, 1995, we granted the Boykins' "Emergency Motion For Brief Extension Of Time," until May 18, 1995, within which to file a response to the Commonwealth Defendants' motion for summary judgment.

On May 18, 1995, the Boykins finally filed a brief in opposition to the Commonwealth Defendants' motion for summary judgment and a so-called response to the Commonwealth Defendants' statement of material facts. The Boykins also filed individual declarations of Michael Boykin, Margaret Boykin, Howard B. Johnson, and George Mitchell as well as a binder of documents comprised of miscellaneous documents following a declaration of George Mitchell with the caption on it of the case of Mitchell v. Bloomsburg University, et al., 93-1870 (M.D.Pa.) (McClure, J.). On May 25, 1995, the Commonwealth Defendants filed a reply brief.

The individual declarations of Michael Boykin, Margaret Boykin, and George Mitchell were defective because they were not sworn to and were unsigned.

On May 22, 1995, we issued an order in which we deemed withdrawn pursuant to Local Rule 7.5 the Boykins' "Motion To Supplement Record" because they had failed to file a brief in support of their motion.

On May 26, 1995, the Boykins filed a "Motion To Lodge Documents." In this motion, the Boykins requested leave to file corrected declarations as well as additional documents in opposition to the Defendants' motions for summary judgment. Along with the motion, the Boykins filed corrected declarations of Michael Boykin, Margaret Boykin, George Mitchell, and Howard Johnson. In addition to the declarations, the Boykins also filed two volumes of other documents which were not included in their original responses. Volume to the criminal proceedings against Michael Boykin from late 1992 and 1993. Volume II contains nothing but 1992 and 1993 newspaper articles and a portion of one transcript from the 1993 trial of Michael Boykin.

In Order No. 1 of May 30, 1995, we required the parties to brief the issue raised in the Boykins' motion to lodge documents. On June 5, 1995, the Boykins filed a brief in support of their motion to lodge documents. On June 7, 1995, the Commonwealth Defendants filed a brief in opposition to the Boykins' motion to lodge documents. On June 12, 1995, we denied the Boykins' emergency motion filed on the date their reply brief was due for an extension of time within to file a reply brief. On June 13, 1995, we issued an order in which we granted the Boykins' motion to lodge documents. Therefore, the Commonwealth Defendants' motion for summary judgment became ripe for disposition on June 13, 1995.

The individual declarations of Michael Boykin, Margaret Boykin, and George Mitchell are based largely on speculation, hearsay, and otherwise inadmissible opinion. The declaration of George Mitchell largely does not even concern the Boykins. Where it does, it expresses Mitchell's opinions and speculation and fails adequately to provide a foundation for a number of his assertions. Moreover, George Mitchell's declaration does not even address the issues raised in this case. The individual declaration of Howard Johnson suffers from similar deficiencies and also bears no relation to the issues raised in this case.

On February 1, 1995, the Commonwealth Defendants filed a statement of material facts in accordance with Local Rule 7.4. The Boykins' response to the Commonwealth Defendants' statement of material facts is hopelessly defective. This Court's orders of April 19, 1995, May 3, 1995, and May 10, 1995, granting the Boykins' last three motions for extensions of time, each provided that the Boykins' response to the Defendants' statements of material facts comply strictly with Local Rule 7.4.

Local Rule 7.4 provides:

The papers opposing a motion for summary judgment shall include a separate, short and concise statement of the material facts, responding to the numbered paragraphs set forth in the statement required in the foregoing paragraph, as to which it is contended that there exists a genuine issue to be tried.

All material facts set forth in the statement required to be served by the moving party will be deemed to be admitted unless controverted by the statement required to be served by the opposing party.

This Rule furthers the purpose of the summary judgment process in identifying material facts generally in dispute for which a trial is necessary. A non-moving party must adduce more than a mere scintilla of evidence in its favor and cannot simply reassert factually unsupported allegations contained in its pleadings. The failure of the non-moving party to produce such affirmative evidence to create issues in dispute material to the claims presented will result in the grant of judgment in favor of the moving party. See Hankins v. Temple University, 829 F.2d 437, 440 (3d Cir.1987).

The Court of Appeals for the Third Circuit has held that the non-moving party is obligated under these rules to identify those facts of record which would contradict the facts identified by the movant. A district court judge is not required to search through the record for facts which might support the Respondents' claim. Allowing the non-moving party to rely on denials of those facts by referring to unidentified evidence provides an unworkable and illogical approach contravening the directive of Rule 56(e) requiring the non-moving party to set forth specific facts showing that there is a genuine issue for trial. Childers v. Joseph, 842 F.2d 689 (3d Cir.1988).

Despite these requirements, the Boykins' statement of material facts is largely unresponsive to the Commonwealth Defendants' statement, provides additional irrelevant information, and routinely fails to provide any citation to the record for any of the facts they do allege. Moreover, the Boykins do not provide affirmative evidence to support their contentions. The Boykins' response is filled with unsupported speculation and hearsay. As a result, the Boykins should be deemed to have admitted all of the Commonwealth Defendants' material facts. To adopt any other approach places an undue burden on the Court and defense counsel to examine each page of the Boykins' documentation in order to determine whether the Boykins have created any dispute as to any material facts. This function and duty is one which the Boykins' counsel is obligated to fulfill.

Nevertheless, to the extent practicable, we did attempt to discern the Boykins' response to the Commonwealth Defendants' statements of material facts as well as search the record for facts which might support the Boykins' claims.

II. Facts Which Are Generally Not in Dispute.

1. Dr. Harry Ausprich was appointed President of Bloomsburg University in the summer of 1985 and remained in that position until August 31, 1993, when he resigned.

2. As President of Bloomsburg University, Ausprich had the final authority for all personnel decisions. His responsibilities included working with the faculty and staff, approving promotions, appointments, reappointments, tenure, discipline, and other personnel...