Konopka v. Borough of Wyoming

• Court: U.S. District Court — Middle District of Pennsylvania
• Writing for the Court: Caputo
• Citation: Konopka v. Borough of Wyoming, 383 F.Supp.2d 666 (M.D. Pa. 2005)
• Decision Date: 25 July 2005
• Docket Number: No. CIV.A.3:03 CV 894.,CIV.A.3:03 CV 894.
• Parties: Paul KONOPKA, Plaintiff, v. BOROUGH OF WYOMING, Council for Borough of Wyoming, William Ragantesi, Individually and in his Official Capacity as Assistant Chief of Police for the Borough of Wyoming, Alex Burda, Individually and in his Official Capacity as Police Officer for the Borough of Wyoming, Christopher Mercavich, Individually and in his Official Capacity as Police Officer for the Borough of Wyoming, Joseph Scrobola, Individually and in his Official Capacity as Councilman for the Borough of Wyoming, and Joseph Scrobola, t/d/b/a TS Alarm Company, Defendants.

383 F.Supp.2d 666

Paul KONOPKA, Plaintiff, v. BOROUGH OF WYOMING, Council for Borough of Wyoming, William Ragantesi, Individually and in his Official Capacity as Assistant Chief of Police for the Borough of Wyoming, Alex Burda, Individually and in his Official Capacity as Police Officer for the Borough of Wyoming, Christopher Mercavich, Individually and in his Official Capacity as Police Officer for the Borough of Wyoming, Joseph Scrobola, Individually and in his Official Capacity as Councilman for the Borough of Wyoming, and Joseph Scrobola, t/d/b/a TS Alarm Company, Defendants.

No. CIV.A.3:03 CV 894.

United States District Court, M.D. Pennsylvania.

July 25, 2005.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Ernest D. Preate, Jr., Law Offices of Ernest D. Preate, Jr., Scranton, PA, for Plaintiff.

Karoline Mehalchick, Oliver, Price & Rhodes, Clarks Summit, PA, for Defendants.

MEMORANDUM

CAPUTO, District Judge.

Presently before the Court is Motion For Summary Judgment (Doc. 25) filed by Defendants Borough of Wyoming ("Borough"), Council for the Borough of Wyoming ("Borough Council"), William Ragantesi, Individually and in his Official Capacity as Assistant Chief of Police for the Borough of Wyoming, Alexa Burda, Individually and in his Official Capacity as Police Officer for the Borough of Wyoming, Joseph Scrobola, Individually and in his Official Capacity as Councilman for the Borough of Wyoming, and Joseph Scrobola, t/d/b/a TS Alarm Company. For the reasons set forth below, the Court will grant Defendants' motion in part and deny Defendants' motion in part. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332 and 28 U.S.C. § 1367.

BACKGROUND

Plaintiff Paul Konopka is the Wyoming Borough Tax Collector. Defendant William Ragantesi is the Assistant Chief of the Wyoming Borough Police Department. Defendant Alex Burda is an officer with the Wyoming Borough Police Department. Defendant Scrobola is a member of the Borough Council.

In 1984, Plaintiff was appointed Tax Collector to fill a one year vacancy. (Doc. 26 ¶ 2; Doc. 35 ¶ 2.) In 1985, Plaintiff was elected to the position and has held the office for over twenty years. (Doc. 28, Ex. 26 at 15.) As Tax Collector, Plaintiff's duties include sending out the taxes, collecting tax revenue, and distributing funds to the school, county and the Borough. (Doc. 26 ¶ 15; Doc. 35 ¶ 15.) The Tax Collector's office is located in the Wyoming Borough Building ("Borough Building") in Wyoming, Pennsylvania. (Doc. 26 ¶ 17; Doc. 35 ¶ 17.) Plaintiff shares this office with the Borough Manager. (Doc. 26 ¶ 18; Doc. 35 ¶ 18.) This office contains two desks, two filing cabinets and two computers. (Doc. 26 ¶ 21; Doc. 35 ¶ 21.) Plaintiff submitted evidence that he owned the desk which he used in the office. (Doc. 28, Ex. 26 at 41.) Members of the Wyoming Borough Police Department, members of the Borough Council, zoning officials, the Borough Treasurer and others also use the office and desks shared by Plaintiff and the Borough Manager. (Doc. 26 ¶ 22; Doc. 35 ¶ 22.) Plaintiff submitted evidence that although other individuals were permitted to use the top of his desk, they were not supposed to use the drawers. (Doc. 28, Ex. 26 at 40, 43-45.) Plaintiff submitted evidence that the drawers of the desk were kept locked until the locks were broken. (Doc. 28, Ex. 26 at 40.)

On February 28, 2001, Plaintiff's office was relocated to the garage of the Borough Building. (Doc. 26 ¶ 27; Doc. 35 ¶ 27.) Plaintiff submitted evidence that this decision was made unilaterally by Defendant Scrobola, but was later ratified by the Borough Council. (Doc. 28, Ex. 36 at 11-13.) After Plaintiff complained about the relocation, the Borough Council voted to remove Plaintiff's office from the Borough Building entirely. (Doc. 26 ¶ 30; Doc. 35 ¶ 30.) Thereafter, Plaintiff initiated a lawsuit in the Luzerne County Court of Common Pleas seeking reinstatement of his office to its original locale. (Doc. 26 ¶ 31; Doc. 35 ¶ 31.) On July 2, 2001, Judge Peter Olszewski, Jr. ordered the Borough to reinstate Plaintiff's office. (Id.)

After Plaintiff moved back into the office in the Borough Building, his desk was vandalized by unknown parties. (Doc. 26 ¶ 32; Doc. 35 ¶ 32.) On July 6, 2001, checks were stolen from the desk of Karen Pokorny, Borough Manager. (Doc. 26 ¶ 33; Doc. 35 ¶ 33.) Plaintiff submitted evidence that Defendant Scrobola had accused him of stealing the checks. (Doc. 28, Ex. 26 at 58.) Several days later, Defendant Scrobola accused Plaintiff of sending him a threatening letter. (Id.) Shortly after these incidents, Defendant Scrobola installed a surveillance camera in Plaintiff's office. (Doc. 26 ¶ 38; Doc. 35 ¶ 38.) The surveillance camera was trained only on Plaintiff's desk. (Doc. 39, Exs.8-10.) The surveillance tapes do not show the door to the office shared by the Tax Collector and Borough Manager; nor do they show Karen Pokorny's desk. (Id.) At the time the surveillance camera was installed, only Defendants Scrobola and Mercavich knew about it. (Doc. 26 ¶ 40-41; Doc. 35 ¶ 40-41.)

Plaintiff submitted evidence that he had complained about the vandalism of his desk, but that no action was taken. (Doc. 28, Ex. 26 at 59.) Determined to discover who was responsible, Plaintiff installed a voice-activated tape recorder in his desk. (Doc. 28, Ex. 26 at 74, 161.) This occurred on August 30, 2001. (Doc. 26 ¶ 43; Doc. 35 ¶ 43.) The following day a party was held in the office shared by Plaintiff and Karen Pokorny. (Doc. 26 ¶ 45; Doc. 35 ¶ 45.) It is undisputed that following the party, Defendant Ragantesi opened the drawer to Plaintiff's desk and discovered the tape recorder. (Doc. 26 ¶ 48; Doc. 35 ¶ 48.) The parties dispute why the drawer was opened in the first place. Plaintiff submitted evidence that Defendant Ragantesi has offered conflicting explanations for opening the drawer to Plaintiff's desk. (Doc. 26, Ex. 28 at 57-58.)

Following the discovery of the tape recorder, Defendant Ragantesi handed the device over to Defendant Burda. (Doc. 26 ¶ 51; Doc. 35 ¶ 51.) Defendant Burda then commenced an investigation. (Id.) In the course of the investigation, Defendant Burda listened to the audio tape and discovered that the device had in fact intercepted the oral communications of eight individuals. (Doc. 26 ¶ 57; Doc. 35 ¶ 57.) Plaintiff was then brought in for questioning and was subsequently charged with eight counts of Interception, Disclosure or Use of Wire, Electronic or Oral Communications in violation of section 5704(1) of title 18 of the Pennsylvania Consolidated Statutes. (Id.)

After a preliminary hearing, the charges against Plaintiff were bound over for trial. (Doc. 26 ¶ 63; Doc. 35 ¶ 63.) Plaintiff then applied for enrollment in the Accelerated Rehabilitative Disposition ("ARD") program. (Doc. 26 ¶ 66; Doc. 35 ¶ 66.) Thereafter, the Luzerne County District Attorney's Office determined that Plaintiff was eligible to participate in the ARD program. (Doc. 26 ¶ 68; Doc. 35 ¶ 68.) As a part of the process, the victims of Plaintiff's crime were contacted so that they could object to his participation in the program if they so desired. (Doc. 28, Ex. 21.) Plaintiff presented evidence that Defendant Scrobola objected to Plaintiff's participation. (Id.) Plaintiff also submitted evidence that Defendant Scrobola wanted Plaintiff to be banned from holding public office for a period of five years as a condition of his participation in the ARD program. (Id.) The evidence indicates that this condition was never ratified by the Luzerne County District Attorney's Office. (Doc. 28, Ex. 20.)

Plaintiff initiated this civil action on May 29, 2003, alleging violations of 42 U.S.C. § 1983, 42 U.S.C. § 1985, and the state law claims of invasion of privacy and abuse of process. (Doc. 1.) Defendants Borough, Borough Council, Ragantesi, Burda and Scrobola filed the instant motion on January 31, 2005. (Doc. 25.) The matter 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 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...