Dominic J. v. Wyoming Valley West High School

• Decision Date: 22 March 2005
• Docket Number: No. CIV.A.3:03-CV-458.,CIV.A.3:03-CV-458.
• Citation: 362 F.Supp.2d 560
• Parties: DOMINIC J. and Gloria, Individually and as parents and natural guardians of Dominic M., a juvenile, Plaintiffs, v. WYOMING VALLEY WEST HIGH SCHOOL, Irvin T. Deremer and Frank Tribendis, Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

362 F.Supp.2d 560

DOMINIC J. and Gloria, Individually and as parents and natural guardians of Dominic M., a juvenile, Plaintiffs, v. WYOMING VALLEY WEST HIGH SCHOOL, Irvin T. Deremer and Frank Tribendis, Defendants.

No. CIV.A.3:03-CV-458.

United States District Court, M.D. Pennsylvania.

March 22, 2005.

COPYRIGHT MATERIAL OMITTED

Peter G. Loftus, Loftus Law Firm, P.C., Waverly, PA, for Plaintiffs.

Ellis H. Katz, Sweet, Stevens, Tucker, & Katz, LLP, New Britain, PA, Jason R. Wiley, Sweet, Stevens, Tucker & Katz, LLP, Doylestown, PA, for Defendants.

MEMORANDUM

CAPUTO, District Judge.

Presently before the Court is Defendants Wyoming Valley West High School ("WVW"), Irvin T. DeRemer and Frank T. Tribendis' Motion For Summary Judgment. (Doc. 25.) The Court will grant Defendants' motion with respect to all of Plaintiffs' claims in Count I brought on their own behalf because they lack standing. The Court will dismiss all claims in Count I brought against Defendants Tribendis and DeRemer in their official capacities as duplicative. The Court will grant Defendants' motion with respect to all remaining claims in Count I for the reasons set forth below. The Court will dismiss Count II because the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub.L. No. 104-191, 110 Stat.1936 (1996), does not provide a private right of action. The Court will also decline to exercise supplemental jurisdiction over Plaintiffs' state law claims set forth in Counts III, IV, and V. Accordingly, Counts III, IV and V will be dismissed without prejudice. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1367(a).

BACKGROUND

Plaintiffs are the parents of Dominic M. During the 2002-2003 school year, Dominic M. was a sophomore at WVW and a member of the WVW swim and water polo teams. During this same period, Defendant Irvin T. DeRemer was the principal at WVW and Defendant Frank T. Tribendis coached the WVW swim and water polo teams.

Plaintiffs provided evidence that on February 20, 2002, Defendant Tribendis requested Plaintiff Gloria to take Dominic M. for a drug screening. Plaintiffs also provided evidence that Defendant Tribendis conditioned Dominic M.'s continued participation as a member of the WVW swim team on receiving a negative result at the drug screening. The parties do not dispute that the results were negative.

It is undisputed that on June 17, 2002, Dominic M. went to a non-mandatory swim practice at the Kingston Municipal Pool at 6:00 a.m. Plaintiffs provided evidence that after approximately fifteen minutes of practice, Defendant Tribendis verbally attacked Dominic M.'s work ethic. Plaintiffs provided evidence that Dominic M. then left the pool and went to the locker room where he fell asleep waiting for his father, Plaintiff Dominic J., to pick him up. Plaintiffs further presented evidence that later that day, Defendant Tribendis informed Dominic M. that he was uncoachable and no longer wanted at summer practice.

It is undisputed that on July 15, 2002, Defendant Tribendis called Plaintiff Dominic J. to request his attendance at a meeting with Defendants Tribendis and DeRemer to discuss a serious situation. This meeting was held on July 23, 2002. The meeting was attended by Defendants Tribendis and DeRemer and Plaintiffs. Plaintiffs presented evidence that during this meeting Defendant Tribendis discussed his suspicions that Dominic M. had engaged in the use of illegal narcotics. Also during this meeting, Defendant Tribendis gave Plaintiffs the name of a counselor for Dominic M. to see.

Plaintiffs submitted evidence that on August 6, 2002, Defendant Tribendis telephoned Plaintiff Dominic J. and informed him that Dominic M. would not be permitted to play on the WVW water polo team.¹ Plaintiffs submitted evidence that on August 12, 2002, Defendant Tribendis informed members of the WVW swim team attending a summer practice at the Kingston Municipal Pool that Dominic M. was off the team, that Dominic M. was in need of drug rehabilitation and that members of the team were not to associate with Dominic M. Following this incident, Plaintiff Gloria attempted to speak with Defendant Tribendis about Dominic M. but was told by Defendant Tribendis that he would call the police if she did not leave the Kingston Municipal Pool.

Plaintiffs presented evidence that on August 22, 2002, Dominic M. underwent an evaluation at a drug treatment facility. Plaintiffs were informed that Dominic M. was not suffering from a substance abuse problem. Plaintiffs also provided evidence that on August 23, 2002, Defendant DeRemer was informed of the results of Dominic M.'s evaluation at the drug treatment facility. Plaintiffs provided evidence that they again requested a meeting with Defendant DeRemer, but their request was denied. Plaintiffs provided evidence that on September 10, 2002, someone cut the lock off of Dominic M.'s locker at WVW, searched the locker and seized its contents. Plaintiffs allege that the only person who could have done this was Defendant Tribendis.

Plaintiffs presented evidence that on October 25, 2002, Dominic M. met with Defendant Tribendis and requested permission to join the WVW swim team. This request was denied. Plaintiffs also provided evidence that Dominic M. informed Defendant DeRemer of the results of this meeting. Plaintiffs provided evidence that Defendant DeRemer told Dominic M. that he would talk to Defendant Tribendis about it. Plaintiffs submitted evidence that they never heard from Defendant DeRemer on the matter again.

Plaintiffs filed this action on their own behalf and on behalf of Dominic M. on March 14, 2003. (Doc. 1.) Defendants filed a motion for summary judgment on June 30, 2004. (Doc. 25.) The motion is fully briefed and ripe for disposition.

LEGAL STANDARD

Summary judgment is appropriate if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED. R. CIV. P. 56(c). A fact is material if proof of its existence or nonexistence might affect the outcome of the suit under the applicable substantive law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Where there is no material fact in dispute, the moving party need only establish that it is entitled to judgment as a matter of law. Where, however, there is a disputed issue of material fact, summary judgment is appropriate only if the factual dispute is not a genuine one. See id. at 248, 106 S.Ct. 2505. An issue of material fact is genuine if "a reasonable jury could return a verdict for the nonmoving party." Id.

Where there is a material fact in dispute, the moving party has the initial burden of proving that: (1) there is no genuine issue of material fact; and (2) the moving party is entitled to judgment as a matter of law. See 10A CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE: CIVIL 2D § 2727 (2d ed.1983). The moving party may present its own evidence or, where the nonmoving party has the burden of proof, simply point out to the Court that "the nonmoving party has failed to make a sufficient showing of an essential element of her case." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

All doubts as to the existence of a genuine issue of material fact must be resolved against the moving party, and the entire record must be examined in the light most favorable to the nonmoving party. See White v. Westinghouse Elec. Co., 862 F.2d 56, 59 (3d Cir.1988). Once the moving party has satisfied its initial burden, the burden shifts to the nonmoving party to either present affirmative evidence supporting its version of the material facts or to refute the moving party's contention that the facts entitle it to judgment as a matter of law. See Anderson, 477 U.S. at 256-257, 106 S.Ct. 2505.

The Court need not accept mere conclusory allegations, whether they are made in the complaint or a sworn statement. Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). In deciding a motion for summary judgment, "the judge's function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson, 477 U.S. at 249, 106 S.Ct. 2505.

DISCUSSION

In Count I of the Complaint, Plaintiffs allege that Defendants violated 42 U.S.C. § 1983 by infringing upon Dominic M.'s rights protected under the First, Fourth, and Fourteenth Amendments of the United States Constitution. Plaintiffs also allege violations of 42 U.S.C. § 1985 and 42 U.S.C. § 1986 in Count I. In Count II of the Complaint, Plaintiffs allege that Defendants violated HIPAA. In the remaining counts of the Complaint, Plaintiffs assert various pendant state law claims including invasion of privacy (Count III), defamation (Count IV), and intentional infliction of emotional distress (Count V). The Court will address each of these claims and Defendants' arguments for summary judgment in turn below.

1) Federal Claims

A) Standing

Defendants WVW, Tribendis and DeRemer have moved for summary judgment on all federal claims brought by Plaintiffs on their own behalf on the basis that they lack standing. The Court agrees.

At the threshold of a determination of whether a party has Article III standing is the requirement that they have suffered an injury-in-fact. The Pitt News v. Fisher, 215 F.3d 354, 360 (3d Cir.2000). Here, Plaintiffs have not alleged any injury relating to their federal claims. Each of the federal claims alleged in the Complaint deal solely with conduct directed at Dominic M. In addition to their failure to allege any injury, Plaintiffs have also not provided any evidence that they suffered an injury related to their federal claims. Pla...