Brierly v. Deer Park Union Free School Dist.
| Decision Date | 23 March 2005 |
| Docket Number | No. 02-CV-2558 (DRH)(WDW).,02-CV-2558 (DRH)(WDW). |
| Citation | 359 F.Supp.2d 275 |
| Parties | John BRIERLY, Plaintiff, v. DEER PARK UNION FREE SCHOOL DISTRICT, Donald R. Bright, School Superintendent, in his individual and professional capacity, Richard Banyon, Assistant Superintendent, in his individual and professional capacity, Owen Spanier, Principal, in his individual and professional capacity, Rena Bologna, Assistant Principal and Assistant Superintendent, in her individual and professional capacity, Michael Canipe, Director of Fine and Performing Arts, in his individual and professional capacity, and Jeff Dailey, Director of Fine and Performing Arts, in his individual and professional capacity, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Cronin & Byczek, LLP by Susan Penny Bernstein, Lake Success, NY, for Plaintiff.
Miranda & Sokoloff, LLP by Michael Anthony Miranda, Mineola, NY, for Defendants.
John Brierly brought the present employment discrimination suit against his former employer, the Deer Park Union Free School District, and several of his former supervisors. He alleges age and gender discrimination, as well as retaliation, pursuant to a group of federal statutes; he also alleges a variety of state law claims. The defendants have moved for summary judgment on all of Brierly's federal claims. For the reasons that follow, their motion is GRANTED, supplemental jurisdiction over Brierly's state law claims is declined, and this entire case is therefore DISMISSED.
The following facts are undisputed by the parties or are apparent from their documentary submissions, unless otherwise indicated:
The Deer Park Union Free School District ("the District") is located in Suffolk County, and administers five schools, including the Deer Park High School ("the High School") and the John F. Kennedy Intermediate School ("the Intermediate School"). John Brierly is a white male, was approximately fifty years old at the filing of this complaint in April 2002, and holds a Master's Degree in Education from Adelphi University, and a Master's Degree in School District Administration from Long Island University. He was employed by the District as a music teacher from September 1984 until he resigned in June 2001; during the period relevant to this case, he also served as "co-curricular director" of the Deer Park High School Marching Band.
Michael Canipe was employed with the District for roughly thirty years, and was Brierly's immediate supervisor throughout nearly all of the period at issue in this case, first as the District's "Director of Music" and then as "Director of Fine and Performing Arts." Upon Canipe's retirement in January 2001, Dr. Jeff Dailey was hired to replace him, and thus was Brierly's immediate supervisor during the final months of his employment. At all times relevant to this case, Donald Bright was the District's Superintendent of Schools, Richard Banyon was Assistant Superintendent, Rena Bologna was an Assistant Principal at the High School and Assistant Superintendent, and Owen Spanier was the Principal of the High School.
Brierly was, at least by his own account, a devoted band leader, "expend[ing] numerous personal hours and funds" in directing the marching band. From 1999-2001, he directed the marching band "as a fully competitive marching organization and put forth great personal expense and time so that the students of Deer Park could compete on as equal a footing as possible with adequately funded organizations." It is undisputed that under his direction, Deer Park school bands "earned a statewide reputation for excellence," garnered high ratings at music festivals, and played at "diverse venues" such as the Miss America Pageant, Disneyworld, and the New York City St. Patrick's Day Parade. Throughout his time at Deer Park High, Brierly received numerous letters from parents and his supervisors commending him on the excellence of the school's bands and performing groups.
Despite Brierly's successes as a band leader, he received some negative critiques as a music teacher from Canipe, which apparently led to, or furthered, the development of a contentious relationship between the two of them. A 1986 "Teacher Observation" by Canipe noted "3 areas of concern" with Brierly's teaching methods and techniques. A 1989 "Teacher Observation" by Canipe instructed Brierly to "become totally involved in the fundamentals of music education," and recommended that he spend "two or three days" observing band lessons at a neighboring high school. A 1991 Teacher Observation by Canipe expressed four areas of concern regarding Brierly's teaching methods, and warned that "I am not sure you have the patience, organizational skills, the background, and the willingness to learn to develop into a fine educator." Brierly refused to sign the bottom of this report, and instead submitted a letter responding to Canipe's specific criticisms and detailing his qualifications and past successes. Brierly's letter accused Canipe of "intentionally misrepresenting and misinterpreting what he witnessed," and "question[ing] my competence and impugn[ing] my reputation as a teacher and as a musician." The letter also noted that "the stress caused me by this situation" was "seriously affecting my health," and "places my reputation, my career and the well-being of my family in jeopardy." Brierly's note concluded by warning: "If a satisfactory resolution to the problems caused by these actions ... cannot be found, then I will be forced, in the near future, to consider all my possible, including legal, recourses."
Canipe's less-than-glowing critiques of Brierly's teaching continued, however, and in September 1994 Brierly filed a grievance against Canipe for the latter's negative annual evaluation of Brierly's performance during the 1993-1994 academic year. Brierly's grievance asserted that Canipe had "ulterior motives for discrediting Brierly's knowledge," including "professional jealousy," "personal animosity," and their "strained relationship"; and Brierly demanded that the evaluation be stricken from his personnel file. The arbitrator later denied Brierly's requested relief, holding that the annual evaluation was, as required, "based upon individual ones rendered during the school year." The arbitrator also found, without taking any position on whether the underlying individual evaluations were correct, no indication in the record that they were based on bad faith.
From about 1995 onward, Brierly's time at the District was marked by a variety of events that indicate a steadily-worsening relationship with his supervisors. On February 9, 1995, Brierly informed Canipe that he was cancelling the High School Jazz Ensemble's trip to a festival in Boston that had been planned for March 3-5 of that year, in light of other conflicting student activities. In response, Canipe sent Brierly a memorandum stating: "You guaranteed that the Jazz Ensemble's trip to Boston would not be cancelled," and noting that "in the future I will not approve any field trip request that you submit for any organization that has conflicts with or has an impact on student participation in functions already scheduled."
In a March 8, 1995 memorandum, Canipe lambasted Brierly's "unsatisfactory" preparation for the High School Band's participation in the New York City St. Patrick's Day Parade. Specifically, Canipe noted, "you proceeded in this matter by passing over me at the outset, getting students and parents involved prior to receiving approval from me to proceed, [and] bringing paperwork to me only at the last possible moment." Canipe also stated that Brierly's "approach and subsequent actions are totally unacceptable and contrary to standard district procedures and not in compliance with [a prior] directive." Canipe reminded Brierly "of direction received in 1987 to work through the chain of command," and noted Brierly's "blatant disregard of my administrative responsibilities and your disregard of previous official communication given to you specifically directing you not to conduct matters in this fashion."
On October 1, 1996 Canipe sent a memorandum commending Brierly on the recent "outstanding presentation" by the High School's Marching Band and Color Guard in the Miss America pageant, acknowledging "how much time, effort and hard work is needed to prepare for such an event," but expressing "a few concerns regarding certain procedures which we must address and correct for all future events." Specifically, Canipe told Brierly that "[w]hen I approved this project it was with the understanding that preparations and rehearsals would take place before or after regular school hours," but that in the days leading up to the event Brierly had ended up "involved from 6:00 A.M. until probably 9:00 P.M. preparing, organizing and rehearsing," and "did not fulfill your contractual and educational responsibilities," specifically "teach[ing] your rotating lessons." Canipe also noted that Brierly had failed to provide the Attendance Office with a complete list of participating students, and contrary to a prior directive, had improperly allowed the participation of a student who had been arrested for shoplifting during a prior band trip.
According to a September 1997 memorandum from Assistant Superintendent Banyon, he, Brierly, and Principal Spanier met that month to discuss "the prior relationship between you and Mr. Canipe," and "the problems which existed regarding the organization and planning of summer band camp." According to Banyon's memorandum, "the meeting concluded with the understanding that Mr. Canipe is your immediate supervisor." "We trust," Banyon stated, ...
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