Hira Educ. Servs. N. Am. v. Augustine
| Citation | 991 F.3d 180 |
| Decision Date | 15 March 2021 |
| Docket Number | No. 18-2400, No. 18-2378,No. 18-2377,18-2377 |
| Parties | HIRA EDUCATIONAL SERVICES NORTH AMERICA v. Frank AUGUSTINE, in his official capacity as Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Albert Burick, III, in his official capacity as Supervisor and Secretary-Treasurer of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Russell Riley, in his official capacity as Vice Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Curt Topper, in his official capacity as Secretary of the Pennsylvania Department of General Services; Joshua Lamancusa, in his official capacity as District Attorney at the Lawrence County District Attorney's Office in Pennsylvania; Bruce Leonatti, in his official capacity as President of the Pittsburgh Chapter of Act for America; Aaron Bernstine, in his individual capacity as State Representative of the PA State House of Representatives; Christopher Sainato, in his individual capacity as State Representative of the PA State House of Representatives; Elder Vogel, Jr., in his individual capacity as Senator at the PA State Senate, Christopher Sainato, Appellant HIRA Educational Services North America v. Frank Augustine, in his official capacity as Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Albert Burick, III, in his official capacity as Supervisor and Secretary-Treasurer of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Russell Riley, in his official capacity as Vice Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Curt Topper, in his official capacity as Secretary of the Pennsylvania Department of General Services; Joshua Lamancusa, in his official capacity as District Attorney at the Lawrence County District Attorney's Office in Pennsylvania; Bruce Leonatti, in his official capacity as President of the Pittsburgh Chapter of Act for America; Aaron Bernstine, in his individual capacity as State Representative of the PA State House of Representatives; Christopher Sainato, in his individual capacity as State Representative of the PA State House of Representatives; Elder Vogel, Jr., in his individual capacity as Senator at the PA State Senate, Aaron Bernstine, Appellant HIRA Educational Services North America v. Frank Augustine, in his official capacity as Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Albert Burick, III, in his official capacity as Supervisor and Secretary-Treasurer of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Russell Riley, in his official capacity as Vice Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Curt Topper, in his official capacity as Secretary of the Pennsylvania Department of General Services; Joshua Lamancusa, in his official capacity as District Attorney at the Lawrence County District Attorney's Office in Pennsylvania; Bruce Leonatti, in his official capacity as President of the Pittsburgh Chapter of Act for America; Aaron Bernstine, in his individual capacity as State Representative of the PA State House of Representatives; Christopher Sainato, in his individual capacity as State Representative of the PA State House of Representatives; Elder Vogel, Jr., in his individual capacity as Senator at the PA State Senate, Elder Vogel, Jr., Appellant |
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Jonathan F. Bloom, Karl S. Myers [argued], Melissa L. Perry, STRADLEY RONON, STEVENS & YOUNG, LLP, 2600 One Commerce Square, Philadelphia, PA 19103, Attorneys for Appellant Representative Christopher Sainato
Arthur H. Stroyd, Jr., Zachary N. Gordon [argued], Del Sole Cavanaugh Stroyd LLC, Three PPG Place, Suite 600, Pittsburgh, PA 15222, Attorneys for Appellant Representative Aaron Bernstine
John P. Krill, Jr., Anthony R. Holtzman [argued], Mark A. Rush, Thomas R. DeCesar, K&L Gates LLP, 17 North Second Street, 18th Floor, Harrisburg, PA 17101-1507, Attorneys for Appellant Senator Elder Vogel Jr.
Christina A. Jump [argued], Charles D. Swift, 833 E. Arapaho Rd., Suite 102, Richardson, Texas 75081, Attorneys for the Appellee
Before: HARDIMAN, GREENBERG,* and SCIRICA, Circuit Judges.
This interlocutory appeal was filed by three Pennsylvania legislators. Senator Elder Vogel and Representatives Christopher Sainato and Aaron Bernstine (collectively, Legislators) seek review of District Court orders denying them absolute legislative immunity and qualified immunity from claims brought by HIRA Educational Services of North America.
The two orders under review denied Appellants’ motions to dismiss under Rule 12(b). So we accept HIRA's well-pleaded allegations as true, and we construe the facts and draw all reasonable inferences in HIRA's favor. See Starnes v. Butler Cnty. Ct. of C.P., 50th Jud. Dist. , 971 F.3d 416, 422 (3d Cir. 2020).
This dispute involves the sale of property owned by the Commonwealth of Pennsylvania. Each year, the Pennsylvania Department of General Services (DGS) develops a plan to sell Commonwealth-owned property. 71 PA. STAT. AND CONS. STAT. ANN. § 651.3 (West). The Pennsylvania General Assembly, comprised of the Senate and the House of Representatives, must approve DGS's plan. § 651.4.
In 2017, consistent with the plan approved by the General Assembly, DGS solicited bids for the purchase of the New Castle Youth Development Center, a property which had housed juvenile offenders in Shenango Township until it closed in 2013. DGS had been trying to sell the property for several years but never received an adequate bid.
This time, Appellee HIRA—a consulting agency for Islamic educational groups—submitted the highest bid of $400,000. HIRA wanted to use the property to establish a youth intervention center much like the one located there before. HIRA also hoped to establish an Islamic boarding school on the property. DGS accepted HIRA's bid, and the parties entered into a land sale agreement.
On June 7, 2017, a week after HIRA and DGS entered into the sale agreement, Vogel, Bernstine, and Sainato sent a letter to Governor Tom Wolf expressing concerns about the sale. The Legislators claimed HIRA was not in a financial position to turn the property into an economic driver for the community. They noted that New Jersey had revoked HIRA's corporate status and HIRA reported low income on several of its tax filings. The Legislators also complained that HIRA had not returned their phone calls and that some paperwork relating to the sale remained incomplete. The Legislators requested a written response and a meeting with Governor Wolf to discuss their concerns.
When Governor Wolf did not act, the Legislators took a public stand against the sale. Bernstine, Sainato, and a staffer from Vogel's office attended a Shenango Township community meeting where some members of the public made disparaging comments about Muslims and espoused baseless rumors about HIRA and HIRA's plans for the property. Bernstine and Sainato also complained to the press. They thought the sale was being pushed through too quickly, and distrusted HIRA's stated intentions for the property. Bernstine vowed to "continue to pursue every avenue possible to uncover information related to this facility and [to] continue to call [HIRA] daily until they pick up their phone." App. 45, ¶ 69. And when the Lawrence County District Attorney's Office opened a criminal investigation into the sale based on an anomaly in the bidding process, Bernstine saw the investigation as "another step toward getting the sale vacated." App. 46, ¶ 72.
The Legislators then tried to pass a law divesting DGS of the authority to sell the property. See S. Res. 154, 2017 Leg., 2017 Sess. (Pa. 2017). Vogel introduced Resolution 154, and after the Senate approved it, Sainato and Bernstine presented it to the House State Government Committee. The full House abandoned the resolution without a vote. After the resolution failed, Bernstine, Sainato, and a staffer from Vogel's office met with the Secretary of DGS to try to persuade DGS to halt the sale.
At the local level, Shenango Township adopted Ordinance No. 4 of 2017, which rezoned the area where the Development Center was located to prohibit commercial schools. HIRA alleged the Township adopted the ordinance to frustrate HIRA's goal of establishing a boarding school on the property. But HIRA did not allege any connection between the Legislators and the ordinance.
HIRA claimed the public outcry, Shenango Township's new zoning ordinance, Senator Vogel's resolution, and the criminal investigation prevented HIRA from securing funding and prevented the Commonwealth from transferring clear title, which caused the parties to void the land sale agreement.
After the sale fell through, DGS asked for new bids. HIRA offered $500,000 but was outbid by a group that offered $2,000,000. Bernstine and Sainato promised to ensure the new purchaser secured funding, and none of the Legislators challenged the sale to this new buyer.
HIRA sued various state and local officials, including the Legislators in their individual capacities. At issue on appeal are the Legislators’ alleged violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the Pennsylvania Religious Freedom Protection Act, and 42 U.S.C. § 1983. HIRA also requested declaratory and injunctive relief to delay the transfer of the property to the new buyer.
The Legislators moved to dismiss. All three claimed absolute legislative immunity under federal common law and the Pennsylvania Constitution's Speech or Debate Clause. Vogel and Sainato also claimed qualified immunity, but Bernstine did not.
The District Court denied the Legislators’ motions to dismiss. Although at first it found the immunity claims to be ...
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