Hamden v. Denny
| Decision Date | 26 March 2021 |
| Docket Number | Case No. 7:20cv00236 |
| Court | U.S. District Court — Western District of Virginia |
| Parties | JANIELE VON EVELYN HAMDEN, Plaintiff, v. ELLEN DENNY, ROBERT F. GRAHAM, MICHAEL BROWN, and ERIC BUCEY, Defendants. |
MEMORANDUM OPINION
On April 23, 2020, Hamden filed suit against Brown, Bucey, Denny, and Graham alleging: (1) a state claim of malicious prosecution; (2) a 42 U.S.C. § 1983 civil rights claim for malicious prosecution; (3) a 42 U.S.C. § 1983 civil rights claim for deprivation of a liberty interest without due process; (4) conspiracy to violate civil rights; (5) intentional infliction of emotional distress; and (6) negligent infliction of emotional distress. (Id. at 17-21.)
Pending before the court is defendant Eric Bucey's motion to dismiss for failure to state a claim (Dkt. No. 25) and defendants Ellen Denny, Robert Graham, and Michael Brown's motion to dismiss for failure to state a claim (Dkt. No. 27). Following briefing and argument, the motions are ripe for resolution. For the reasons stated below, the court will grant in part and deny in part the motions to dismiss.
Plaintiff Janiele Von Evelyn Hamden was formerly employed by Radford City Public Schools (RCPS) as a professional school counselor for McHarg Elementary. (Compl. 2, Dkt. No. 1; Am. Compl. 2; Dkt. No. 21.) Hamden also served as a lead teacher for McHarg's 21st Century Community Learning Center, known as the Bee Club. (Am. Compl. 2) The Bee Club is an afterschool enrichment program funded by a federal grant, the 21st century grant, administered through the Virginia Department of Education (VDOE). (Id. at 3.)
Defendant Eric Bucey is the executive director of the non-profit organization, Beans & Rich, Inc. (B&R), which he operates to provide support to public school enrichment programs. (Id.) RCPS and B&R are co-applicants on the 21st century grant that funds the Bee Club at McHarg Elementary. (Id.) Defendant Robert F. Graham is listed on the grant as the point of contact for RCPS and Bucey is the point of contact on the grant for B&R. (Id.)
RCPS and B&R entered into a Memorandum of Understanding (MOU) to establish a limited partnership for the purpose of administering the Bee Club. (Id. at 4.) Under the MOU RCPS is responsible for "providing facility space, handling building maintenance, purchasing equipment, collecting time sheets, collecting and tracking data related to program evaluation, paying all personnel through grant funds, and submitting reports to VDOE in a timely manner." (Id.) In addition, the Bee Club is primarily staffed by RCPS employees. (Id. at 5.)
During Hamden's employment with RCPS, Ellen Denny was the curriculum director for RCPS, Graham was the RCPS Superintendent, and Michael Brown was the Principal of McHarg Elementary School. (Id. at 4.)
Hamden states that she "was repeatedly scrutinized and opposed by [] Denny for her stances on equitable treatment for disadvantaged students at RCPS." (Id. at 5.) For example, Hamden felt that the Effective Schoolwide Discipline Committee was "intrinsically unfair to underprivileged children," and she attempted to reform the committee. (Id. at 5-6.) Hamden renamed the program Effective Schoolwide Choices, and Denny opposed this change. (Id. at 6.)Hamden also sought to change the title of her position from "guidance counselor" to "professional school counselor," and Denny and Graham required Hamden to develop a petition in order to gain support for this change, though the change was never implemented. (Id.) In addition, Hamden advocated for supplemental educational services for students who were experiencing trauma, but this advocacy created tension between her and Denny, Brown, and Graham who favored other school programs. (Id. at 6-7.)
Hamden was also involved in raising money for students at the school. Hamden led a program to provide food baskets to student families in need at Thanksgiving and continued to participate in this program even after her employment with the school ended. (Id. at 7.) Hamden's successful fundraising efforts led her to develop the Kids in Crisis fund at the school. However, when Denny learned of this fund, he directed Brown to cancel the fund. (Id.) According to Hamden, Denny "possessed a malicious animus against Ms. Hamden for her work and advocacy for all students at RCPS." (Id. at 8.)
On or around September 2017, Hamden requested that the McHarg Bee Club staff receive raises. (Id. at 9.) "The request was motivated by the fact that after school tutors employed through [a different] grant were compensated at approximately $40 an hour, which was well above the hourly rate received by the lead teachers for the 21st Century Community Learning Center." (Id.) Bucey informed Hamden that VDOE would not approve the raise. (Id.)
During the fall of 2017, the B&R program director and site director sent various emails to the Bee Club staff about time-keeping practices. (Id.) The McHarg staff sought clarification on certain points, but "follow-up was not helpful and often led to further confusion regarding time-keeping practices." (Id. at 10.) Therefore, "the Bee Club staff continued to follow and documentthe timekeeping practices previously approved, which included billing for planning and clean up time performed off-site, and their time sheets continued to be approved." (Id.) Brown routinely reviewed and signed-off on Hamden's timesheets. (Id.)
On May 1, 2018, the B&R site director informed the Bee Club staff that they would need to switch to a time clock time-keeping system. (Id.) "Hamden conferred with Bee Club staff and communicated to B&R supervisors what she believed was the group's decision that the McHarg Bee Club staff would not be switching to the new system." (Id.) Hamden indicated that if this new time-keeping system was required, B&R and RCPS would need to find new Bee Club staff. (Id.)
Shortly thereafter, Bucey, Graham, and Denny began an investigation into Hamden's time-keeping. (Id. at 11.) Brown also participated in the investigation, though he was aware that Hamden had been billing for off-site planning and clean-up time because he regularly approved her timesheet. (Id.)
Bucey, Graham, and Denny, then suspended Hamden from the Bee Club. (Id.) On May 3, 2020, Hamden and a fellow teacher explained to Graham how all the Bee Club staff had been billing for time. (Id.) She "explained that other lead teachers were similarly billing off-site for planning and clean-up time as previously approved." (Id.) Graham stated that the clean-up time would need to be eliminated and Hamden indicated that she would no longer bill for these tasks. (Id.) Hamden discussed resigning from the Bee Club, but Graham asked her to stay. (Id.) However, later that same day, Brown called Hamden to his office, where Denny was waiting, and they suspended Hamden from RCPS for five days. (Id.)
On or about May 10, 2018, Hamden, represented by counsel, met with Brown and Denny to provide evidence of her innocence. (Id. at 12.) Hamden asked Brown and Denny to reviewother staff timecards who billed in the same way she did, but they declined to conduct such a review. (Id.) Hamden further explained that the Bee Club handbook provides that off-site time may be billed if approved by the site coordinator, as it was in her case. (Id.) Nevertheless, Hamden states that "Graham, Denny, and Brown continued [] Hamden's suspension indefinitely without advising [her] of the reasons for the suspension in writing or of her right to a hearing." (Id. at 12-13.)
Hamden states that the investigation of her created "an intolerable work environment and causing her significant stress and anxiety." (Id. at 13.) Although Hamden had planned to work for many more years, she ultimately resigned due to this "increasingly hostile work environment." (Id.) She submitted her letter of resignation on May 14, 2018. (Id.) Hamden reports that during the internal investigation, "all Defendants obtained information which established that Ms. Hamden's timekeeping was appropriate." (Id. at 14.)
In June 2018, Denny and Graham turned their internal investigation over to the Virginia State Police on the belief that Hamden had committed a crime. (Id.) Graham, Denny, Bucey, and Brown all participated in the Virginia State Police investigation, and allegedly "provided incomplete and/or biased information during interviews." (Id.) Denny informed police that defendants had provided Hamden with a suspension hearing, when Hamden reports that she never received a suspension hearing. (Id.) Graham informed police that Hamden was billing four hours per day when other staff billed two hours per day, but Hamden reports that her billing had been approved. (Id.) Brown informed police that Hamden admitted she had been billing improperly, when Hamden asserts she was billing properly. (Id.) Finally, Bucey informed police that "Hamden's timesheets did not match those of other employees, without explaining the difference in program hours she worked." (Id.)
Hamden was charged with one count of conspiracy to obtain money by false pretenses, one count of attempt to obtain money by false pretenses, and fifteen counts of obtaining money by false pretenses. (Id. at 16-17.) Hamden and her counsel met with the Radford Commonwealth Attorney and "discussed several pieces of evidence that were available to all Defendants, yet omitted from the evidence." (Id. at 17.) On June 14, 2019, all charges brought against Hamden in the Circuit Court of the City of Radford were dropped. (Id.) On June 18, 2019, an order of nolle prosequi was entered. (Id.) "The charges against Ms. Hamden were successfully expunged." (Id.)
Federal Rule of Civil Procedure 12(b)(6) permits a dismissal when a plaintiff fails "to state a claim upon which relief can be granted." To survive a Rule 12(b)(6) motion, a complaint must contain sufficient "facts to state a...
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