Doe v. Abington Friends School
| Decision Date | 15 March 2007 |
| Docket Number | No. 05-1405.,05-1405. |
| Citation | 480 F.3d 252 |
| Parties | Benjamin DOE, a Minor, by his Parents, Joseph and Julie Doe; Joseph Doe, Individually and on Their Own Behalf; Julie Doe, Individually and On Their Own Behalf, v. ABINGTON FRIENDS SCHOOL; Philip Vinogradov; Jodi Pickering; Russell Shaw Benjamin Doe; Joseph Doe; Julie Doe, Appellants. |
| Court | U.S. Court of Appeals — Third Circuit |
Carl W. Hittinger, Esquire, (Argued), Piper, Neil C. Schur, Esquire, Stevens & Lee, P.C., Philadelphia, PA, for Appellants.
J. Scott Kramer, Esquire, (Argued), David E. Loder, Esquire, Amanda M. Leadbetter, Esquire, Duane Morris LLP, Philadelphia, PA, for Appellees.
Before McKEE and AMBRO, Circuit Judges, RESTANI, Chief Judge.*
Joseph and Julie Doe,1 on behalf of themselves and their minor son, Benjamin, filed suit against Abington Friends School ("Abington") and three of its employees. Their suit, grounded for federal purposes in the Americans with Disabilities Act ("ADA"), see Pub.L. No. 101-336, 104 Stat. 327 (1990) (codified at 42 U.S.C. §§ 12101-213), alleges that Abington did not adequately accommodate Benjamin's diagnosed Attention Deficit Disorder and related learning disabilities.2 It claims as well that the individual defendants subjected Benjamin to a discriminatory environment complete with public humiliation, improper physical discipline, and an orchestrated campaign to force his withdrawal from the school.
The District Court granted summary judgment for the defendants, ruling that the ADA's exemption for religious organizations applied to bar the Does' claim. It made this decision on the basis of a single affidavit submitted by the defendants and before allowing the Does any discovery into the factual basis for applying the religious exemption. We conclude that the Court, in so doing, contravened Federal Rule of Civil Procedure 56(f), and we thus vacate and remand.
Established in 1697, Abington is "the oldest primary and secondary educational institution in the United States that has operated continuously at the same location." It is affiliated with the Abington Monthly Meeting of the Religious Society of Friends (Quakers). Determining the extent of that affiliation forms the background of this appeal. The Does assert in paragraphs 20 and 21 of the Complaint that
[a]lthough [Abington] purports to embrace tenets of the Quaker religion in its educational program, [it] is not a religious entity, a religious organization, or an entity controlled by a religious organization. [Abington] does not conduct itself or hold itself out as a religious organization or an entity controlled by a religious organization.
This allegation is significant because the ADA provides that its provisions "shall not apply . . . to religious organizations or entities controlled by religious organizations, including places of worship." 42 U.S.C. § 12187. If Abington is a religious organization (or controlled by one), then the Does' ADA claim should be dismissed and, likely, their remaining claims sent to state court.
The Does filed this action in early October 2004. On November 1st, at a hearing meant to explore the Does' confidentiality concerns, Abington instead raised the issue of the ADA exemption for religious organizations and noted the school's long religious history. Counsel for the Does responded that, while Abington may have been a religious institution in the past, it has strayed from its religious foundation and, therefore, is not eligible for the ADA exemption. After some discussion, the Court declined to proceed too far without formal briefing and mentioned that there "may have to [be] some limited discovery on this issue." It expressed a desire to "set out a schedule so th[e] issue could be developed factually and properly presented before me so that I could decide it before we go any further." Rather than allow the Does any discovery, however, Abington filed on November 24th a motion to dismiss or, in the alternative, for summary judgment on Count I, arguing that it is exempt from the requirements of the ADA.
Along with its motion, Abington submitted the affidavit of Thomas W. Price, Abington's Head of School. Price referred to Abington Friends School and the Abington Monthly Meeting as "virtually one and the same." He said that Abington is "under the care of Abington Monthly Meeting" and referenced a trust formed for the benefit of both the School and the Meeting. According to Price, "[t]he Meeting owns the grounds and buildings and oversees the School through its standing committees, including the School Committee[,] . . . three-quarters of whom must be members of the Abington Monthly Meeting." Further, "[t]he School Committee . . . is responsible for the financial health of the School, for the fulfillment of its mission (fidelity to Quaker principles and testimonies), and the selection and supervision of the Head of School." Price reported that "[t]he day to day operation of [Abington] is delegated by the School Committee to the Head of School and other personnel." In addition, Price described various religious aspects of the Abington's operation, saying it Abington students "participate in weekly Meeting for Worship." Moreover, "the key Quaker testimonies (equality, peaceful resolution of conflict, stewardship, community) are fully integrated into the curriculum at every level," a process overseen by a "Quakerism Coordinator" in each division of the school. In summary, Price observed that "[a]n Abington Friends School education is so fully an experience drawn from Quaker values and traditions, it is difficult to identify many practices, rituals or activities that are not rooted in Quaker faith and practice."
In response to Abington's motion and Thomas Price's affidavit, the Does moved pursuant to Federal Rule of Civil Procedure 56(f) for a continuance so that discovery could take place on whether the ADA's religious exemption properly applied to Abington.3 The motion was accompanied by an affidavit from Carl W. Hittinger, the Does' attorney, which argued that Abington's motion was "premature" because the case was "in its infancy" and the Does had not had "an opportunity to conduct the full and fair discovery needed to respond properly and fairly." Hittinger specifically identified six topics on which discovery was necessary:
• The ownership of [Abington], including both tangible and real property;
• The control of [Abington], including the control over day-to-day operations, policy, finances, curriculum, and its advising system;
• The Quaker Religion as . . . presented in curriculum and activities at [Abington];
• The religious affiliation of the [Abington] student body, faculty, staff, and School Committee;
• Any requirement(s) that [Abington] students, faculty, staff or School Committee members follow or subscribe to the tenets of the Quaker religion and any "training" faculty or staff receive regarding the Quaker Religion; and
• The [Abington] "School Committee," its composition, activities and alleged control over [Abington].
To accomplish this discovery, Hittinger requested the depositions of Thomas Price, the three individual defendants, Abington's corporate designee, and "any other witnesses identified in those depositions with personal knowledge of relevant facts." In addition, the Does already had submitted several requests for production of documents relating to the same topics addressed in their Rule 56(f) motion, but Abington did not respond.
The District Court heard oral argument on Abington's motion in January 2005. Shortly thereafter, the Court issued a five-page order construing Abington's motion as one for summary judgment and granted it. The order rejected the Does' argument that "control is a factual test," but relied exclusively on Thomas Price's affidavit to conclude that the "facts" as recited therein supported the conclusion that Abington is, "as a matter of law, a religious organization" as well as "controlled by a religious organization." The Court ruled, therefore, that Abington is exempt from the ADA and dismissed Count I. It also declined to exercise supplemental jurisdiction over the remaining state-law counts under 28 U.S.C. § 1367 and dismissed them as well. The Does appealed that same day.4
Our review of a district court's grant of summary judgment is plenary. St. Surin, 21 F.3d at 1313. Summary judgment is proper when there is "no genuine issue as to any material fact and . . . the moving party is entitled to a judgment as a matter of law." FED.R.CIV.P. 56(c). A genuine issue is present when a reasonable trier of fact, viewing all of the record evidence, could rationally find in favor of the non-moving party in light of his burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317, 322-26, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The non-moving party may not merely deny the allegations in the moving party's pleadings; instead he must show where in the record there exists a genuine dispute over a material fact. Celotex, 477 U.S. at 322-26, 106 S.Ct. 2548. The substantive law identifies which facts are material. Anderson v. Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505.
"When an order granting summary judgment is attacked as premature, we review a district court's refusal to delay action for an abuse of discretion." St. Surin, 21 F.3d at 1313 (citing Radich, 886 F.2d at 1393); see also Sames v. Gable, 732 F.2d 49, 51 (3d Cir.1984).
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