Gruenke v. Seip

• Decision Date: 21 August 2000
• Docket Number: No. 98-2041,98-2041
• Citation: 225 F.3d 290
• Parties: (3rd Cir. 2000) JOAN GRUENKE, Individually and as parent and natural guardian of Leah Gruenke, a minor, Appellant v. MICHAEL SEIP
• Court: U.S. Court of Appeals — Third Circuit

Page 290

225 F.3d 290 (3rd Cir. 2000)

JOAN GRUENKE, Individually and as parent and natural guardian of Leah Gruenke, a minor, Appellant v. MICHAEL SEIP

No. 98-2041

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Argued September 9, 1999

Filed August 21, 2000

Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action No. 97-cv-05454) District Judge: Honorable Franklin S. VanAntwerpen

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Attorney for Appellant: Richard J. Orloski, Esquire (Argued) Orloski, Hinga & Pandaleon 111 North Cedar Crest Boulevard Allentown, PA 18104

Attorney for Appellee: Richard A. Polachek, Esquire (Argued) Polachek, Pecile & Smith 320 South Pennsylvania Boulevard Suite 394 Wilkes-Barre, PA 18701

Before: ROTH and WEIS, Circuit Judges SHADUR,¹ District Judge

OPINION OF THE COURT

ROTH, Circuit Judge

Emmaus High School swim team coach, Michael Seip, suspected that team member, Leah Gruenke, was pregnant. Despite Leah's repeated denials of pregnancy, Seip allegedly required Leah to take a pregnancy test. Leah and her mother, Joan, have now sued Seip under 42 U.S.C. S 1983, claiming that the pregnancy test, and the actions surrounding it, constituted an illegal search in violation of Leah's Fourth Amendment rights, unconstitutionally interfered with Joan and Leah's right to familial privacy, violated Leah's right to privacy regarding personal matters, and violated Leah's right to free speech and association protected by the First Amendment. In their suit, Joan and Leah also made claims under Pennsylvania tort law.

The District Court granted summary judgment in favor of Seip on the S 1983 claims on the basis of qualified immunity and dismissed the Gruenkes' state law claims without prejudice.

For the reasons stated below, we affirm the District Court's grant of summary judgment with respect to the "familial right to privacy" and the free speech and association claims. We reverse and remand, however, with respect to the Fourth Amendment and "privacy regarding personal matters" claims. Because that reversal restores the case to the District Court's docket, we reverse and remand its dismissal of the Pennsylvania state tort claims.

I.

A.

Seventeen year-old Leah Gruenke was an eleventh grader at Emmaus High School and a member of the varsity swim team. In January of 1997, Michael Seip, the varsity swim coach, began to suspect that Leah was pregnant. At swim practice, Seip observed that Leah was often nauseated, made frequent trips to the bathroom, and complained about having a low energy level. In addition, Leah's body was "changing rapidly." In February of 1997, Seip asked his assistant swim coach, Kim Kryzan, who also had observed the changes in Leah's behavior and physical appearance, to approach Leah to discuss the possibility that Leah was pregnant. Although the exact content of this discussion is not clear, Leah refused to volunteer any information; she denied that she was pregnant and refused to acknowledge she had had sex with her boyfriend. Shortly after the discussion between Leah and Kim Kryzan, Seip approached Leah and attempted to discuss sex and pregnancy with her. When questioned by Seip, Leah again emphatically denied that she was pregnant.

Meanwhile, other members of the swim team began to suspect that Leah was pregnant. Leah, however, denied the possibility, claiming that she had never had sexual intercourse. Leah refused to acknowledge that she might be pregnant because she felt that her condition was nobody's business.

Leah was also approached by a school guidance counselor, at Seip's request, and by the school nurse. Both the guidance counselor and the nurse attempted to discuss with Leah the possibility of pregnancy, but Leah again denied the possibility, refusing to volunteer any information.

During this time, the mothers of other swim team members also began to suspect Leah's possible pregnancy and discussed this hunch with Seip. At least one of the mothers suggested that Leah should take a pregnancy test. Eventually, Lynn Williams, a mother of a swim team member, purchased a pregnancy test and gave it to Seip.

He reimbursed Williams for the test and kept it at the school.

On March 5, 1997, Leah was approached by two fellow swim team members, Abby Hochella and Kathy Ritter, who suggested that Leah take a pregnancy test to clear her name. Leah refused, stating that she would not take a test unless everyone on the team took a test. The next day, Leah was again approached by Hochella and Ritter. At this point, there is some conflict in the stories. Leah alleges that Ritter and Hochella told her that they still had the pregnancy test kit, given to them by Seip, and that Seip wanted her (Leah) to take the test. Ritter and Hochella, however, recount a different version, claiming that they merely told Leah that Seip had a pregnancy test if Leah wanted to take it. Similarly, Seip contends that he did not encourage Leah to take the test nor did he try to get Hochella and Ritter to persuade Leah to take a pregnancy test. He acknowledges, however, telling Hochella and Ritter that if Leah were his friend, he would ask her to take a pregnancy test.

Following this second attempt to convince Leah to take a pregnancy test, Leah wrote a letter to Seip (which he apparently never read) stating that Seip had no right to make her take a pregnancy test, that she was not showing any symptoms of being pregnant, and that she had never had sexual intercourse. According to Leah, she also told Ritter and Hochella, in an attempt to get them to stop bothering her, that she could not be pregnant because she had never had sexual intercourse.

That same day, despite rejecting their earlier attempts, Leah was again approached by Ritter and Hochella. According to Leah, Ritter and Hochella claimed that unless Leah took the pregnancy test, Seip would take her off the relay team. Hochella, however, contends that she and Ritter tried to convince Leah to take the test by suggesting that a negative test result would resolve speculation about her condition. Ritter and Hochella further contend that Leah ultimately approached them and volunteered to take the pregnancy test.

Ritter, Hochella, and another member of the swim team, Sara Cierski, were all present when Leah finally took the first pregnancy test. The test was positive. Cierski suggested that Leah take another test. Cierski, Ritter, and Hochella then went to the school parking lot where they got money from their parents to purchase two additional pregnancy tests. Leah drove with Hochella and Ritter to purchase the pregnancy test kits. Leah took both tests; both were negative.

Later that night, Leah recounted the events of the day to her mother, who was very upset. Hochella called Leah that evening and suggested that Leah take another pregnancy test. Hochella also told Leah that Hochella's mother would be willing to take Leah to the doctor to determine with certainty whether Leah was pregnant. Leah got up early the next morning and went to school where she took a fourth pregnancy test, purchased this time by Hochella and her mother. Ritter and Hochella were with Leah in the school locker room when she took the test. Again, the test was negative.

After learning of the positive test result, Seip asked assistant swim coach Dr. Meade, an orthopedist, whether in his medical opinion it was acceptable for a pregnant swimmer to compete on the team. Dr. Meade advised Seip that swimming would not endanger Leah's pregnancy. Based on this advice, Seip decided that there was no medical reason to prevent Leah from competing on the team. The District Court found that beyond consulting a school guidance counselor and his assistant coaches, Seip did not attempt to talk directly to Leah's parents or to inform a higher level of the school's administration that Leah was pregnant. The District Court further found that Leah continued to deny the possibility that she was pregnant until she was examined by Dr. Greybush, on March 10, 1997, at an appointment scheduled by her mother. There, Leah ultimately learned that she was almost six months pregnant. Even then, Leah did not reveal to anyone else on the swim team or at school that she was pregnant because she wanted to compete in the state swim tournament. Eventually, however, Leah's teammates, their parents, and Leah's mother learned that Leah was indeed pregnant.

The Gruenkes allege that after Leah's baby was born, Seip tried to alienate Leah from her peers. Specifically, Leah testified that after she quit the private swim team that Seip also coached, Seip told members of his team not to sit with Leah during swim meets. Moreover, Leah asserts that during her last year of high school, Seip refused to speak to her and retaliated against her by taking her out of several swim meets.

B.

On August 26, 1997, Joan Gruenke, for herself and on her daughter's behalf, filed suit under 42 U.S.C. S 1983 and state tort law, 42 Pa. Cons. Stat. S 8550, et. seq., in U.S. District Court for the Eastern District of Pennsylvania. The Gruenkes allege that their rights under the Constitution and Pennsylvania state tort law were violated when Seip required Leah to take a pregnancy test.

The Gruenkes subsequently amended their complaint on November 4, 1997, alleging that the required pregnancy test (1) constituted an illegal search in violation of Leah's Fourth Amendment rights, (2) violated Joan and Leah's right to familial privacy, (3) violated Leah's right to privacy regarding personal matters, (4) violated Leah's right to free speech and association protected by the First Amendment, and (5) violated Joan and Leah's rights under state tort law.

On September 4, 1998, Seip moved for summary judgment claiming qualified immunity. The District Court granted Seip's motion for summary judgment on the...