Brzozowski v. Pa. Tpk. Comm'n

• Decision Date: 25 February 2016
• Docket Number: CIVIL ACTION NO. 15-2339
• Citation: 165 F.Supp.3d 251
• Parties: Frank T. Brzozowski, Plaintiff, v. Pennsylvania Turnpike Commission, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

165 F.Supp.3d 251

Frank T. Brzozowski, Plaintiff,

v.Pennsylvania Turnpike Commission, et al., Defendants.

CIVIL ACTION NO. 15-2339

United States District Court, E.D. Pennsylvania.

Signed February 25, 2016

Frank T. Brzozowski, Philadelphia, PA, pro se.

Katherine H. Meehan, Raffaele & Puppio, Media, PA, Barry N. Kramer, PA Office of Atty General, Philadelphia, PA, for Defendants.

MEMORANDUM

Stengel, Judge.

Pro se plaintiff, Frank Brzozowski, filed this employment discrimination action against his former employer, the Pennsylvania Turnpike Commission (“PTC”), and several of its agents and employees including William K. Lieberman, A. Michael Pratt, Pasquale T. Deon, Sean Logan, Barry J. Schoch, Patricia Schlegel, Judy Treaster, Dorothy Ross, Patrick Caro, Jill Davis, David Smith, and Lynn Feeman (collectively referred to hereinafter as “Turnpike Defendants”). In the same complaint, Mr. Brzozowski also sues former Governor Thomas Corbett, Troop T of the Pennsylvania State Police (“Troop T”) and Trooper Shawn Kernaghan for reasons unrelated to his employment with PTC. Although unclear, I will construe Mr. Brzozowski's complaint to allege an action against the Turnpike Defendants under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Pennsylvania Human Rights Act, and an action against Trooper Shawn Kernaghan, former Governor Thomas Corbett and the Pennsylvania State Police under 42 U.S.C. § 1983. For the reasons that follow, I am granting the Turnpike Defendants' motion to dismiss, Trooper Kernaghan's motion to dismiss, Troop T's motion to dismiss and Thomas Corbett's motion to dismiss.

I. BACKGROUND

Pro se plaintiff, Frank Brzozowski, is a white male of Polish descent who was born on October 19, 1955. (Doc. No. 1¹ , p. 15). Mr. Brzozowski has a B.S. degree, has earned his paralegal certification and has taken several real estate classes. Id. at 5. On May 5, 2003, PTC hired Mr. Brzozowski as a supplemental toll collector in District 4, an area including the Montgomery and Bucks County interchanges. Id. Around August or September of 2003, Mr. Brzozowski was offered a Data Systems Specialist position at the PTC Central Administration Building in Dauphin County. Id. About a week before transferring into the new position, Mr. Brzozowski decided that he did not want the Data Systems Specialist position but would rather remain a toll collector in District 4. Id. Mr. Brzozowski became a full-time employee in 2007 and was transferred to District 3 in Chester County to work the night shift. Id. About a year later, Mr. Brzozowski was once again transferred to the Downingtown area to work as a toll collector. Id.

Mr. Brzozowski states that PTC policy dictates that VASCAR is not to be used on the Turnpike to enforce speed limits.² Id. at 6. In violation of PTC policy, defendants Troop T of the Pennsylvania State Police and Trooper Kernaghan employ VASCAR, and in fact, on November 28, 2012, Trooper Kernaghan employed VASCAR to stop and cite Mr. Brzozowski. Id. ; (Doc. No. 9³ , Ex. A). Trooper Kernaghan issued Mr. Brzozowski a traffic citation for failure of “obedience to traffic-control devices.” (Doc. No. 9, Ex. A). Mr. Brzozowski states that at the hearing before District Judge Tobin regarding the traffic citation, Trooper Kernaghan falsely testified that he got a “good VASCAR reading” on Mr. Brzozowski's speed. (Doc. No. 1, p. 6). Judge Tobin found Mr. Brzozowski guilty of the charge on July 7, 2013. (Doc. No. 9, Ex. A). Mr. Brzozowski filed a summary appeal to the Lancaster County Court of Common Pleas and was found guilty in a de novo trial on August 14, 2013. (Doc. No. 9, Ex. C).

On April 17, 2012, Mr. Brzozowski was promoted to an administrative position as an Executive Assistant in the Office of Diversity and Inclusion. (Doc. No. 1, p. 15). The Executive Assistant position was a move from a union position to a management position, and Mr. Brzozowski's pay was negatively impacted as he moved out of union membership and the terms of its collective bargaining agreement. Id. at 7. Shortly after his promotion, on June 26, 2012, Mr. Brzozowski alleges that the defendant, Ms. Dorothy Ross, “attacked” him by misrepresenting that Mr. Brzozowski “made insulting and disparaging remarks, including a condescending comment to Eric Paul a black interchange manager.” Id.

On December 11, 2013, Ms. Ross, the Training and Development Specialist, was administering a test in Excel skills to Mr. Brzozowski. Id. During the Excel test, Ms. Ross informed Mr. Brzozowski that he was not permitted to use his Excel Manual as a reference during the test. Id. at 13. In response, Mr. Brzozowski “whipped the manual across the table and gave her what she considered to be a terrible glare, to the point she was very frightened.”⁴ Id. Following this incident, Human Resource members, Ms. Patricia Schlegel and Ms. Judy Treaster held an informal hearing regarding the allegations of workplace violence against Mr. Brzozowski. Id. at 19. After the informal hearing, on December 12, 2013, Ms. Schlegel and Ms. Treaster suspended Mr. Brzozowski without pay. Id. On December 26, 2013, Mr. Brzozowski received a letter from Ms. Schlegel terminating his employment and on December 31, 2013, PTC terminated Mr. Brzozowski's medical benefits. Id.

Mr. Brzozowski filed a Charge of Discrimination with the EEOC and PHRC on June 25, 2014. Id. at 15. In his Charge, Mr. Brzozowski alleged discrimination based on sex, national origin, retaliation, and age occurring between the periods of September 20, 2013, and December 12, 2013. Id. When asked to describe the particulars of the discrimination against him, Mr. Brzozowski states:

On or about October 2013, I discovered that Alice Sebring (Female, Legal Assistant) and Anna Marcella (Female, Legal Secretary) were hired for their respective positions. I was never given the chance to apply to either position because they were not posted. Ms. Sebring and Ms. Marcella were both hired as external candidates. I also applied for Executive Assistant Information Technology on September 26, 2013, and was not selected for that position either. On December 12, 2013, I was suspended and later discharged after I was falsely accused of workplace violence by Dorothy Ross (Human Resources Specialist, Female). Ms. Ross also stated that I threw the manual across the table when I was told I could not use it.

Id. Following an investigation by Mr. William Busund, EEOC Investigator, the EEOC determined that, “[t]here is no evidence of any similarly situated employee, not a member of your protected bases, who committed same/similar acts but was not terminated.” Id. at 13. Moreover, the investigation revealed that Mr. Brzozowski was terminated for policy violations and that “regarding the positions of Legal Assistant and Legal Secretary which [Mr. Brzozowski] could not apply for, the record indicates that both positions were classified as 'confidential,' and so were not posted internally in accordance with policy.” Id. Ultimately, the EEOC decided to conclude the matter by issuing a Dismissal. Id. at 14.

II. LEGAL STANDARD

A. 12(b)(6) Standard

A motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted examines the legal sufficiency of the complaint. Conley v. Gibson , 355 U.S. 41, 45–46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Following the Supreme Court decisions in Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) and Ashcroft v. Iqbal , 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), pleading standards in federal actions have shifted from simple notice pleading to a more heightened form of pleading, requiring a plaintiff to allege facts sufficient to show that the plaintiff has a “plausible claim for relief.” Fowler v. UPMC Shadyside , 578 F.3d 203, 210–11 (3d Cir.2009). A facially plausible claim may not be supported by conclusory allegations, but must allow the court “to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal , 556 U.S. at 678, 129 S.Ct. 1937.

When presented with a motion to dismiss for failure to state a claim under Rule 12(b)(6), district courts should conduct a two-part analysis. Fowler , 578 F.3d at 210. First, the court must separate the factual and legal elements of the claim. Id. The court “must accept all of the complaint's well-pleaded facts as true, but may disregard any legal conclusions.” Id. Second, the court must determine whether the facts alleged in the complaint demonstrate that the plaintiff has a “plausible claim of relief.” Id. (citing Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 ).

“Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a short and plain statement of the claim showing that the plaintiff is entitled to relief.” Iqbal , 556 U.S. at 677–78, 129 S.Ct. 1937. While Federal Rule of Civil Procedure 8(a)(2) does not require the plaintiff to plead detailed factual allegations, it does demand “more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Id. at 678, 129 S.Ct. 1937. In other words, a pleading that offers “labels and conclusions” or “a formulaic recitation of the elements of a cause of action will not do.” Twombly , 550 U.S. at 555, 127 S.Ct. 1955. Moreover, a pleading is not sufficient if it tenders “naked assertion[s]” devoid of “further factual enhancement.” Id. However, a pro se complaint must be liberally construed and held to a less stringent standard than formal pleadings. Estelle v. Gamble , 429 U.S. 97, 107, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). A pro se action “can only be dismissed for failure to state a claim if it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”' Jubilee v. Horn , 959 F.Supp. 276, 279 (E.D.Pa.1997) (quoting Estelle , 429 U.S. at 107, 97 S.Ct. 285 ).

B. 12(b)(1) Standard

A motion...