Mitchell v. Miller, CIVIL ACTION NO. 10-129J
| Decision Date | 03 August 2012 |
| Docket Number | CIVIL ACTION NO. 10-129J |
| Parties | DANIELLE M. MITCHELL, Plaintiff, v. JEFFREY T. MILLER, LINDA BONNEY, RODNEY MANNING, MARK W. GREENER, KENNETH A. KARAS, JASON URBANI, WILLIAM POTTER, and the PENNSYLVANIA STATE POLICE, Defendants. |
| Court | United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania |
DANIELLE M. MITCHELL, Plaintiff,
v.
JEFFREY T. MILLER, LINDA BONNEY, RODNEY MANNING, MARK W. GREENER, KENNETH A. KARAS,
JASON URBANI, WILLIAM POTTER, and the PENNSYLVANIA STATE POLICE, Defendants.
CIVIL ACTION NO. 10-129J
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Dated: August 3, 2012
GIBSON, J.
This matter comes before the Court on a motion for summary judgment filed by the Defendants pursuant to Federal Rule of Civil Procedure 56. ECF No. 31. For the reasons that follow, that motion will be granted in part and denied in part.
Plaintiff Danielle M. Mitchell ("Mitchell") enlisted in the 120th cadet class of the Pennsylvania State Police ("PSP") on October 17, 2005.1 ECF No. 32-4 at 2. She suffered a stress fracture in her right hip shortly thereafter. ECF Nos. 33 & 40 at 6. Dr. Darby Hand, a physician employed by the Commonwealth of Pennsylvania's Bureau of Personnel, examined Mitchell on October 20, 2005. ECF No. 40-4 at 3. In a letter dated October 21, 2005, Dr. Hand stated that there was "no reasonable way" that Mitchell could train to be a police officer with a
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fractured hip. Id. It was recommended that Mitchell return home and seek treatment from an orthopedic surgeon. Id. She conditionally resigned from the PSP that same day. Id. at 12. The terms of Mitchell's resignation provided that she could be reinstated after receiving medical clearance to engage in the physical activities required of a PSP cadet. ECF No. 32-3 at 26-27.
Mitchell enlisted in the PSP's 124th cadet class on January 22, 2007. ECF No. 32-4 at 2. On February 1, 2007, she began to experience severe pain in her right groin and hamstring. Id. at 9. It was determined that she had torn a muscle located near her right groin. ECF No. 32-9 at 6. Mitchell conditionally resigned from the PSP on February 12, 2007, with the understanding that she could be reinstated after being cleared for duty. ECF No. 32-3 at 28-29.
The PSP's 125th cadet class began its training on June 11, 2007. ECF Nos. 33 & 40 at ¶ 1. The class was comprised of sixty cadets, one of whom was Mitchell. Id. at ¶¶ 1-2. The anticipated graduation date for members of the class was December 21, 2007. Id. at ¶ 2. Most of the training activities engaged in by members of the class were conducted at the PSP's Southwest Training Center ("Center") in Greensburg, Pennsylvania. Id. at ¶ 4. The remaining activities were held at the PSP's Academy in Hershey, Pennsylvania. Id. William Potter ("Potter") and Jason Urbani ("Urbani") were instructors at the Center. Id. at ¶ 5. Mark W. Greener ("Greener") was the physical training instructor at the Academy. Id.
Cadets training at the Center or the Academy are required to adhere to the rules and regulations contained in the "Cadet Handbook." Id. at ¶ 30. Any cadet guilty of wrongdoing is required to acknowledge his or her misconduct in a letter to the appropriate staff member within twenty-four hours of being ordered to do so. ECF No. 32-7 at 29-30. The stated purpose of such a letter is "to deter the [c]adet from behaving in an undesirable manner." Id at 34. Under the PSP's disciplinary system, de minimis infractions result in only the documentation of
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"wrongdoing or unacceptable behavior," while more serious infractions can lead to more drastic forms of discipline. Id. at 31-34. First-level infractions can result in counseling or disciplinary training, whereas second-level infractions can "result in disciplinary training, extra duty assignments, restriction, or any combination thereof." Id. at 31. The most serious violations of PSP rules are classified as third-level infractions, which can result in a cadet's suspension or dismissal. Id. at 32-34. A cadet who commits seven first-level infractions is guilty of a second-level infraction. Id. at 34. He or she is charged with another second-level infraction upon the commission of five more first-level infractions. Id. A cadet who commits three second-level infractions is guilty of a third-level infraction. Id. at 35. He or she is charged with a second third-level infraction upon the commission of two additional second-level infractions. Id. The accumulation system is more severe when a cadet repeatedly commits the same type of infraction. Where a cadet's first-level infractions are similar in nature, only five are required to constitute a second-level infraction. Id. 34. Similarly, a cadet who commits the same second-level infraction on two separate occasions may be charged with a third-level infraction. Id. at 35.
Between June 30, 2007, and December 5, 2007, Mitchell acknowledged in several letters to staff members that she had failed to adhere to the relevant rules and regulations. ECF No. 32-1 at 19-47. The misconduct allegedly engaged in by Mitchell included her failure to preface her questions to staff members with the word "Sir," her failure to report her illnesses and injuries at the time of formation, her failure to obey specific firearms-related instructions, her failure to properly wear her "uniform tie," her failure to polish her "campaign hat strap," her failure to report to class in "full Trooper uniform," her failure to ask questions in accordance with the proper chain of command, her untruthfulness about the number of push-ups that she had completed, and her unauthorized conversation with another cadet during the course of a
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swimming exercise. Id. In a desk memorandum dated October 29, 2007, Lieutenant Michael Selgrath ("Selgrath") informed Corporal Gerald L. Hocker, Jr. ("Hocker"), that he was requesting an Academy Disciplinary Officers' ("ADO") inquiry into Mitchell's "suitability for employment as a Trooper." ECF No. 32-2 at 7. Hocker was serving as an Assistant ADO at that time. Id. at 2. The memorandum stated that Mitchell's performance had been unsatisfactory, and that she had been made aware of the request for an ADO inquiry on October 26, 2007. Id.
On November 20, 2007, it was determined that Mitchell's multiple first-level infractions had rendered her guilty of a second-level infraction. Id. at 18. She was assigned extra duties and ordered to remain at the training facility during an off-duty weekend. Id. Mitchell was informed on December 3, 2007, that additional first-level infractions had caused her to be charged with another second-level infraction. Id. at 17. She was given additional duties and instructed to remain at the training facility "pending the outcome of a disciplinary review." Id.
Cadets preparing to serve as officers for the PSP are generally required to pass four physical fitness tests. Id. at ¶ 15. Mitchell passed the first two physical fitness tests, which were conducted in June 2007 and August 2007. Id. at ¶ 16. A medical restriction precluded her from undergoing the third test, which was conducted on October 29, 2007. Id. On December 18, 2007, Mitchell failed the fourth and final physical fitness test. ECF No. 32-2 at 64.
Captain Rodney A. Manning ("Manning") was the Director of the PSP's Training Division in December 2007. ECF Nos. 33 & 40 at ¶ 41. In a memorandum to Manning dated December 19, 2007, Hocker recommended that Mitchell be immediately dismissed from her employment with the PSP. ECF No. 32-1 at 2-15. The recommendation was based on a finding by Hocker and Assistant ADO William F. Summers ("Summers") that Mitchell's commission of the same second-level infraction on two separate occasions had rendered her guilty of a third-
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level infraction. Id. at 11-15. Hocker further stated that Mitchell's repeated infractions had constituted prima facie evidence of "incompetence." Id. at 14-15.
Selgrath advised Mitchell that she would not be graduating with the other members of the 125th cadet class. ECF Nos. 33 & 40 at ¶ 49. On December 20, 2007, Manning informed Mitchell that Hocker had recommended her dismissal and provided her with an opportunity to refute the allegations against her. Id. at ¶ 50; ECF No. 32-3 at 9. In a memorandum to Manning dated December 21, 2007, Mitchell stated that she had been "punished" and "discriminated" against since her initial injury. ECF No. 32-3 at 10. She accused Potter of telling her that she would never become a "committed and confident" member of the PSP and faulted Urbani for denying her requests for additional training. Id. She explained that her injuries had prevented her from successfully completing some of her "morning runs." Id. at 11. Mitchell described an incident in which Potter had refused to permit her to remove her mask while she was in the process of vomiting, causing her to risk suffocation. Id. at 11-12. She asserted that Greener had warned her that she would never make it through her "probationary period" even if she were fortunate enough to graduate. Id. at 12. Mitchell concluded her memorandum by expressing her continued desire to serve as a member of the PSP. Id. at 13.
After receiving Mitchell's memorandum, Manning completed an internal complaint worksheet and turned the matter over to the PSP's Internal Affairs Division ("IAD"). ECF Nos. 33 & 40 at ¶ 52. Thirty-eight members of the 125th cadet class graduated on December 21, 2007. Id. at ¶ 3. Among the thirty-eight graduates were thirty-six males and two females. Id.
On January 3, 2008, Manning recommended that Mitchell's employment with the PSP be terminated. ECF No. 32-3 at 4-8. He summarized the reasons for his recommendation in a five-page memorandum. Id. The memorandum was forwarded to Major Mark E. Lomax ("Lomax"),
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who was serving as the Director of the PSP's Bureau of Training and Education. Lomax expressed his agreement with Manning's recommendation in a memorandum to Commissioner Jeffrey T. Miller ("Miller") dated January 7, 2008. Id. at 3.
The investigation resulting from Mitchell's memorandum of December 21, 2007, was conducted by Sergeant Kenneth A. Karas ("Karas"). ECF Nos. 33 & 40 at ¶ 53. Mitchell supplemented...
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