Chiocca v. Town of Rockland

• Decision Date: 03 October 2022
• Docket Number: Civil Action 19-10482-WGY
• Parties: ALLAN CHIOCCA, Plaintiff, v. TOWN OF ROCKLAND, DEIRDRE HALL, EDWARD KIMBALL, LARRY RYAN, MICHAEL MULLEN, JR., MICHAEL O'LOUGHLIN, RICHARD PENNEY, and KARA NYMAN, Defendants.
• Court: U.S. District Court — District of Massachusetts

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ALLAN CHIOCCA, Plaintiff, v. TOWN OF ROCKLAND, DEIRDRE HALL, EDWARD KIMBALL, LARRY RYAN, MICHAEL MULLEN, JR., MICHAEL O'LOUGHLIN, RICHARD PENNEY, and KARA NYMAN, Defendants.

Civil Action No. 19-10482-WGY

United States District Court, D. Massachusetts

October 3, 2022

MEMORANDUM AND ORDER

WILLIAM G. YOUNG, JUDGE OF THE UNITED STATES.^[8]

I.INTRODUCTION

Allan Chiocca(“Chiocca”), former Town administrator for the Town of Rockland(the “Town”), sued the Town, Deirdre Hall(“Hall”), Edward Kimball(“Kimball”), and five other current or former members of the Town Board of Selectmen(the “Board”) after he and Hall had a sexual encounter and each sustained employment consequences.

This matter is before the Court on Chiocca's, the Town's and Hall and Kimball's cross-motions for summary judgment as to the following claims: count 24 of Chiocca's complaint against the Town for suspension in breach of his employment contract and the Town Charter; and count 3 of Hall's counterclaims and count 1 of Kimball's counterclaim against Chiocca for public disclosure of private facts.At the motion hearing on March 22, 2022, the parties agreed to proceed on a case-stated basis to resolve these cross-motions.SeeElectronic Clerk's Notes, ECF No. 277;Order, ECF No. 279.At the case-stated hearing on May 23, 2022, the Court took the matter under advisement.Electronic Clerk's Notes, ECF No. 294.

On June 30, 2022, the Town withdrew its consent to proceed case-stated with respect to Chiocca's claim for breach of contract, seeNotice Withdrawal Consent Proceed Case Stated Count 24 (“Notice Withdrawal”), ECF No. 310.Therefore, as to count 24, this Court will not proceed case-stated and will rule on the cross-motions for summary judgment on the summary judgment record only, pursuant to Federal Rule of Civil Procedure 56(a).With regard to count 3 of Hall's counterclaims and count 1 of Kimball's counterclaim, this Court proceeds on the case-stated record as to liability only, in accordance with the parties' request at hearing.See Order 1-2.

As to count 24 of Chiocca's complaint, the motions for summary judgment, ECF Nos. 158 & 171, are hereby ALLOWED in Chiocca's favor.The law does not distinguish suspension with pay from administrative leave, and the Town has failed to identify a genuine difference between these employment actions; thus, in placing Chiocca on administrative leave without proper process, the Town suspended him in violation of the terms of his employment contract as it operates within the Town Charter.

As to count 3 of Hall's counterclaims and count 1 of Kimball's counterclaim, this Court rules in favor of Chiocca, concluding that he is not liable under Massachusetts General Laws chapter 214, section 1B for public disclosure of private facts.Although Chiocca's release of an internal investigatory report ordered by the Board disclosed intimate and sensitive information, it did not constitute an invasion of Hall's and Kimball's privacy because: (1) the existence of both their extramarital affair and Chiocca's sexual contact with Hall was already in the public domain; (2) both events were of public interest to voters; (3) both issues were relevant to Chiocca's own privacy; and (4) the disclosure was reasonable, given the serious allegations of sexual harassment and impropriety levelled against Chiocca.

II.PROCEDURAL HISTORY

On March 13, 2019, Chiocca filed a complaint against Hall, Kimball, the Town, and five former or current Board members.Compl., ECF No. 1.He brought thirty-seven counts comprising employment discrimination claims under Massachusetts General Laws chapter 151B, id.¶¶ 320-331, andTitle VII of the Civil Rights Act of 1964, id.¶¶ 332-334; equal protection claims under 42 U.S.C. § 1983,id.¶¶ 335-337, 342-46; procedural and substantive due process claims under 42 U.S.C. § 1983,id.¶¶ 347-399, 400-406; civil rights conspiracy claims under 42 U.S.C. § 1985, id. 407-420; contract claims, id. 421-432; and tort claims, id. 433-465.

In April 2019, the Defendants moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure 8. Defs.' Joint Mot. Dismiss PursuantFed.R.Civ.P. 8, ECF No. 27.At a hearing in July 2019, this Court denied the motion.Electronic Clerk's Notes, ECF No. 39.

In August 2019, Hall filed counterclaims against Chiocca.Claims Counter-Claim Pl. Deirdre Hall Against Counter-Claim Def. Allan Chiocca, ECF No. 68.She brought six counts, including sexual harassment under Massachusetts General Laws chapter 214, section 1C,id.¶¶ 87-92, at 61-62, and various tort claims, id.¶¶ 93-111, at 62-64.Kimball also filed one counterclaim against Chiocca in tort.SeeEdward Kimball's Answer Allan Chiocca's Compl. & Counterclaim¶¶ 68-75, at 53, ECF No. 66.

Following the counterclaims, Chiocca crossclaimed against the Town seeking indemnification.Pl. Allan Chiocca's Am. Answer Def. Deirdre Hall's Counterclaim & Crossclaim¶¶ 9-10, at 14, ECF No. 85;Pl. Allan Chiocca's Am. Answer Def. Edward Kimball's Counterclaim & Crossclaim¶¶ 9-10, at 14, ECF No. 86.

The parties then filed six motions for summary judgment.SeePartial Mot. Summ. J. Defs. Town Rockland, Ryan, Michael Mullen, Jr., Michael O'Loughlin, Richard Penney & Kara Nyman (“Town & Board's Mot. Summ. J.”), ECF No. 158;Pl. Allan Chiocca's Mot. Partial Summ. J.(“Pl. Chiocca's Mot. Summ. J.”), ECF No. 171;Counterclaim Def. Allan Chiocca's Mot. Summ. J. Counterclaim Pl. Deirdre Hall's & Edward Kimball's Counterclaims (“Def. Chiocca's Mot. Summ. J.”), ECF No. 177;Mot. Partial Summ. J. Liability claims Invasion Privacy Brought Counterclaim Pls. Hall & Kimball (“Pls.Hall & Kimball's Mot. Summ. J.”), ECF No. 189;Def. Deirdre Hall'sMot. Summ. J., ECF No. 180;Def. Edward Kimball'sMot. Summ. J. 1, ECF No. 163.

Four motions are relevant to the matter presently before the Court.First, the Town and members of the Board (collectively, the “Town and Board”) moved for partial summary judgment as to Counts 1-5 and complete summary judgment as to Counts7-8, 10-20, 22-26, 29-30, and 35-37 of Chiocca's complaint.Town & Board'sMot. Summ. J. 1-2.The parties fully briefed the motion.See generallyMem. Law Support Mot. Partial Summary J. Defs. Town Rockland, Ryan, Michael Mullen, Jr., Michael O'Loughlin, Richard Penney & Kara Nyman (“Town & Board's Mem. Summ. J.”), ECF No. 159;Pl. Allan Chiocca's Opp'n Mot. Partial Summ. J. Defs. Town Rockland, Ryan, Michael Mullen, Jr., Michael O'Loughlin, Richard Penney & Kara Nyman (“Chiocca's Opp'n Town & Board's Mot. Summ. J.”), ECF No. 214;Reply Mem. Support Mot. Partial Summ. J. Defs. Town Rockland, Ryan, Michael Mullen, Jr., Michael O'Loughlin, Richard Penney & Kara Nyman (“Town & Board's Reply”), ECF No. 243.

Second, Chiocca cross-moved for partial summary judgment as to Count 1 and Count 24 of his complaint.Pl. Chiocca'sMot. Summ. J. 1.The parties fully briefed this motion.See generallyPl. Allan Chiocca's Mem. Law Support His Mot. Partial Summ. J. Against Defendant Town Rockland (“Pl. Chiocca's Mem. Summ. J.”), ECF No. 172;Def. Town Rockland's Mem. Law Opp'n Pl.'s Partial Mot. Summ. J.(“Town's Opp'n Pl. Chiocca's Mot. Summ. J.”), ECF No. 205;Pl. Allan Chiocca's Reply Support Mot. Partial Summ. J. Against Def. Town Rockland (“Pl. Chiocca's Reply”), ECF No. 242.

Third, Chiocca moved for summary judgment on the entirety of Hall and Kimball's counterclaims.Def. Chiocca's Mot. Summ. J.The parties fully briefed the motion.See generallyCountercl. Def. Allan Chiocca's Mem. Law Support His Mot. Summary Judgment Counterclaim Pl. Deirdre Hall's Counterclaims & Counterclaim Pl. Edward Kimball's Counterclaim (“Def. Chiocca's Mem. Summ. J.”), ECF No. 178; Counterclaim Pls.Hall's & Kimball's Consolidated Mem. Law Opp'n Counterclaim Def. Chiocca's Mot. Summ. J.All Counterclaims (“Pls.Hall & Kimball's Opp'n Def. Chiocca's Mot. Summ. J.”), ECF No. 226;Pl./Counterclaim Def. Allan Chiocca's Reply Mem. Support His Mot. Summ. J. Def. Deirdre Hall's & Edward Kimball's Counterclaims (“Def. Chiocca's Reply”), ECF No. 238.

Fourth, Hall and Kimball cross-moved for partial summary judgment as to their counterclaims for invasion of privacy against Chiocca -- count 3 of Hall's counterclaim and count 1 of Kimball's counterclaim.Pls.Hall & Kimball'sMot. Summ. J. 1.The parties fully briefed the motion.See generallyMem. Support Mot. Partial Summ. J. Liability Claims Invasion Privacy Brought Counterclaim Pls. Hall & Kimball (“Pls.Hall & Kimball's Mem. Summ. J.”), ECF No. 194; Counterclaim Def. Allan Chiocca's Opp'n Counterclaim Pls.Hall & Kimball's Mot. Summ. J.Their Invasion Privacy Counterclaims (“Def. Chiocca's Opp'n Pls.Hall & Kimball's Mot. Summ. J.”), ECF No. 220;Counterclaim Pls. Deirdre Hall's & Edward Kimball's Reply Brief Support Their Mot. Partial Summ. J. Against Counterclaim Def. Allan Chiocca (“Pls.Hall & Kimball's Reply”), ECF No. 248.

At a hearing on March 22, 2022, this Court offered the parties the opportunity to proceed on a case-stated basis to resolve their cross-motions for summary judgment.SeeElectronic Clerk's Notes, ECF No. 277.The parties agreed to allow the Court to treat three matters as a case-stated.First, Chiocca and the Town agreed to proceed case-stated on their cross-motions, ECF Nos. 171 & 158, as to count 24 of Chiocca's complaint: suspension in breach of the Rockland Town Charter or his employment contract, brought against the Town.Order 1.Second, Chiocca and Hall agreed to proceed case-stated on their cross-motions, ECF Nos. 177 & 189, as to liability only in count 3 of Hall's counterclaims: invasion of privacy in violation of Massachusetts General Laws chapter 214, section 1B,Mass. Gen. Laws ch. 214, § 1B, for the public...