Lemire v. Silva
| Decision Date | 21 June 2000 |
| Docket Number | No. Civ.A. 98-10056-REK.,Civ.A. 98-10056-REK. |
| Citation | 104 F.Supp.2d 80 |
| Parties | Cassie S. LEMIRE, Plaintiff, v. Joseph SILVA, Joan Silva, Russel Norton, The Sandwich School Department, The Town of Sandwich, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
John T. Landry, Braintree, MA, Daniel W Rice, Boston, MA, for Cassie S. Lemire, plaintiff.
Leonard H. Kesten, Carol E. Kamm, Brody, Hardoon, Perkins & Kesten, Boston, MA, for Joseph Silva, Russel Norton, Sandwich School Department, Town of Sandwich, defendants.
Thomas G. Leonard, Jr., William P. Hurley, Cogavin & Waystack, Boston, MA, for Joan Silva, defendant.
Pending for decision is Defendants' Motion for Summary Judgment (Docket No. 39, filed March 20, 2000), Defendants' Memorandum of Law in Support (Docket No. 40), Defendants' Statement of Undisputed Material Facts (Docket No. 41), and the Affidavit of Carol Kamm (Docket No. 42) (with Exhibits A-S).
Also before the court is Plaintiff's Opposition to Defendants' Motion for Summary Judgment (Docket No. 47, filed April 28, 2000), Plaintiff's Memorandum in Support (Docket No. 48), and Plaintiff's Statement of Material Facts (Docket No. 49) (with Exhibits 1-38).
1998-99. The plaintiff filed her complaint on January 14, 1998 (Docket No. 1). Defendant Joan Silva answered the complaint on March 31, 1998 (Docket No. 9), and defendants Joseph Silva, Russell Norton, the Sandwich School Department, and the Town of Sandwich answered the complaint on April 2, 1998 (Docket Nos. 10, 11). On October 14, 1998, the parties agreed to submit the case to ADR (Docket No. 24), and this court referred the case to Judge Mazzone on January 12, 1999 (Docket No. 26). Judge Mazzone reported on May 25, 1999, that the parties had failed to reach a settlement (Docket No. 29), and returned the case to the undersigned judge for further proceedings.
1999-2000. The defendants Joseph Silva, Russell Norton, the Sandwich School Department, and the Town of Sandwich filed a motion for summary judgment on March 20, 2000 (Docket No. 39). On April 28, 2000, plaintiff filed its opposition to the defendants' summary judgment motion (Docket No. 47). The same defendants filed a reply to plaintiff's opposition on June 15, 2000 (Docket No. 55).
First, plaintiff claims she was fired from her job as Sandwich High School Varsity Field Hockey Coach in May 1997 due to her mental impairment, in violation of the Americans with Disabilities Act, 42 U.S.C § 12101 et seq. (the "ADA"). She claims that the Sandwich School Department, the Town of Sandwich, Russell Norton, and Joseph Silva are jointly and severally liable for violation of the ADA. The defendants respond that no evidence of discrimination exists because plaintiff did not qualify as a disabled person under the terms of the ADA. They further respond that even if the plaintiff was disabled, they had a legitimate, non-discriminatory reason for terminating her employment. Defendants Russell Norton and Joseph Silva also seek dismissal of the ADA claims against them on the ground that individuals cannot be held liable under the ADA.
Second, plaintiff claims her dismissal also violated the analogous state disability discrimination statute, M.G.L. c. 151B. She claims that the Sandwich School Department, the Town of Sandwich, Russell Norton, and Joseph Silva are jointly and severally liable for violation of M.G.L. c. 151B. The defendants respond that no evidence of discrimination exists because plaintiff did not qualify as a disabled person under the terms of M.G.L. c. 151B. They further respond that even if the plaintiff was disabled, they had a legitimate, non-discriminatory reason for terminating her employment.
Third, the plaintiff claims that Joan and Joseph Silva violated her privacy under M.G.L. c. 214 § 1B by disclosing her mental impairment and medical treatment in a flyer that was distributed after a field hockey match. The defendants respond that no evidence exists that either Mr. or Mrs. Silva had any involvement in the disclosure, and that even if such evidence did exist, the disclosure was neither unreasonable nor as serious or substantial as is required to support relief under the Massachusetts statute. Mr. Silva further responds that plaintiff relinquished her right to privacy regarding her medical condition by disclosing that information to him in 1992.
Fourth, plaintiff claims that Joan and Joseph Silva intentionally, and in the alternative recklessly, inflicted mental distress by disclosing her mental impairment and medical treatment. The defendants again respond that no evidence exists that either Mr. or Mrs. Silva had any involvement in the disclosure, and that even if such evidence did exist, the alleged conduct was not as extreme and outrageous as is required for relief under the common law, and no evidence exists that plaintiff suffered severe emotional distress as a result of the disclosure.
Fifth, plaintiff claims that the Sandwich School Department broke its employment contract with her and that she suffered harm as a result. Defendant responds that it had no contract with the plaintiff, and that even if a contract had existed, no breach occurred because sufficient justification to terminate her employment existed.
Sixth, plaintiff claims that Joseph Silva interfered with her advantageous business relationship with Sandwich High School by seeking her removal as field hockey coach because of her mental impairment. Plaintiff claims to have suffered significant harm as a result. Defendant Silva responds that improper motive is required for relief under the common law, and he had no improper motive in seeking plaintiff's removal.
Plaintiff Cassie Lemire, thirty-six years old and a mother of four, was employed part-time as a field hockey coach at Sandwich High School in Sandwich, Massachusetts from 1992 to 1996.
The plaintiff has suffered from a panic disorder with agoraphobia since the age of 20. Her disorder is manifested by a number of symptoms, including anxiety attacks, irritable bowel syndrome, sleep disorder, fright, fear of dying, fear of being alone, and a fear of going to public places, such as churches, malls, grocery stores, and restaurants. Plaintiff has sought psychological and psychiatric treatment for her condition from a number of professionals since 1987. She takes antidepressants, and was taking them during 1996 and 1997. Without medication, she would suffer constantly from the symptoms of her condition. Even with medication, she still suffers from these symptoms periodically.
Plaintiff's treating psychiatrist, Dr. Julius Treibergs, indicated in a report dated February 16, 2000, that the plaintiff's psychiatric disorder has inhibited her ability to travel in a car far away from her home, particularly at night; her ability to be in confined spaces, such as a car, mall or crowd, without an impending sense of doom; her ability to interact with people outside her family; and her ability to work outside of home (Docket No. 49, Exhibit 2).
The plaintiff informed Sandwich High School Principal Russell Norton of her psychiatric disorder and treatment in September 1994, after she had been assaulted by a parent at a field hockey game.
In 1992, either Joan or Joseph Silva — the parents of Julie Silva, a player on plaintiff's field hockey team — came into the possession of one of plaintiff's appointment cards for Psychology Associates, where plaintiff was receiving treatment. The parties dispute how the appointment card came into the Silvas' possession. The plaintiff claims that Joseph Silva stole the appointment card when he was doing electrical work in the plaintiff's home. The defendants claim that the plaintiff left the appointment card in Joan Silva's van and that Joan Silva found it there.
On September 15, 1995, several copies of a flyer were found on the field hockey field at Sandwich High School at the conclusion of a varsity field hockey game. The flyer contained a copy of the plaintiff's appointment card for Psychology Associates and the following message in block handwriting: "DO YOU THINK THIS PERSON SHOULD BE COACHING YOUR CHILD THIS IS NOT A STABLE PERSON." Joseph Silva was present at the game. That night, plaintiff spoke with her friend Joan Powell, who informed her that either Mrs. Silva or a Mrs. Carol Markham might have been responsible for the flyer. The parties dispute whether Joseph Silva, Joan Silva, and their daughter Julie were responsible for the flyer. The plaintiff claims that Joan Silva wrote the block-letter words on the flyer and that either Joseph Silva or his daughter distributed the flyer. The defendants deny that the Silvas were involved with the flyer in any way.
During the 1996 field hockey season, plaintiff informed her team that she would probably not be returning as coach in 1997, because she would be relocating out of state due to her husband's anticipated job change. When this information came to the attention of Principal Norton, he posted the varsity field hockey coach position in the main office at Sandwich High School. When plaintiff learned of the posting, she informed Athletic Director Woodbury in writing that she would not be relocating and that she wanted to return as field hockey coach. According to the plaintiff's testimony, Woodbury then informed her that the job was hers.
In January 1997, Terrence O'Connell, whose two daughters played on the varsity field hockey team, met with Principal Norton and complained about the amount of playing time the plaintiff had given his daughters, as well as the plaintiff's involvement in her players' personal lives. Joseph Silva also met with Principal Norton and...
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