Montanye v. Wissahickon School Dist.
| Decision Date | 17 March 2004 |
| Docket Number | No. Civ.A. 02-8537.,Civ.A. 02-8537. |
| Citation | 327 F.Supp.2d 510 |
| Parties | Sallie K. MONTANYE, Plaintiff, v. WISSAHICKON SCHOOL DISTRICT, Wissahickon School District Board of Directors and Stanley J. Durtan, Superintendent of Schools, Defendants. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Anita F. Alberts, Anita Alberts Assoc., Doylestown, PA, for Plaintiff.
Michael I. Levin, Stacy G. Smith, Levin Legal Group PC, Huntingdon Valley, PA, for Defendants.
This case arises out of claims by plaintiff, Sallie K. Montanye, a special education teacher at Wissahickon High School (the "School"), against defendants Wissahickon School District (the "School District"), the Wissahickon School District Board of Directors (the "School Board") and defendant Stanley J. Durtan, School District Superintendent ("Superintendent Durtan") (collectively "the defendants"), under 42 U.S.C. § 1983, and Article I § 26 of the Pennsylvania Constitution. In her Third Amended Complaint plaintiff alleges, inter alia, that defendants deprived her of equal protection of law under the U.S. and Pennsylvania Constitutions for assisting a suicidal special education student, K.
Presently before the Court is Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint. For the reasons set forth below, Defendants' Motion to Dismiss is denied.
Plaintiff has been employed by the School District as a special education teacher since 1994 and was assigned to the School for the 2001-2002 school year. Complaint ¶ 2. K, a 14-year old in the ninth grade, was assigned to plaintiff's special education class in September 2001. Id. ¶ 10. K was on "homebound instruction" during the prior school year due to emotional and psychological problems and was hospitalized for a suicide attempt in July 2001. Id. K's problems continued throughout the 2001-2002 school year.
In January 2002, plaintiff's classroom aid gave her a note written by K. expressing sadness and suicidal thoughts and ending with the word "Help." Id. ¶ 12. Plaintiff showed the note to Robert Anderson, the School principal ("Principal Anderson"), who then forwarded the note to the School "WIN team." Id. WIN team is one of two School programs, the other being the "Special Assistance Program (SAP)," specifically designed to assist "at risk" students. Id. WIN team never contacted K or her mother about the suicide note. Id.
Plaintiff spoke with K's mother who feared K would harm herself. Id. ¶ 13. K's mother told plaintiff that she could not control K's actions and that K had not been coming home at night. Id. K talked with plaintiff at school and, with K's mother's consent, plaintiff helped K find a new therapist. Id. In January 2002, K and her mother came to the School and "worked out a deal" with plaintiff. Id. ¶ 14. K agreed to tell her mother where she was going when she left the house and to return at an agreed time in exchange for some "emotional space." Id. However, during the night on which this arrangement was "worked out", K's mother called plaintiff and told her that K had left the house without permission and that K's mother feared she was with a former boyfriend who might expose her to illegal substances or physically abuse her. Id. Plaintiff told K's mother to call Principal Anderson. Id. ¶ 15. K's mother called and Principal Anderson and he told her to call the police. Id. Ultimately, the police brought K home. Id. K's mother wanted her to see the therapist plaintiff had identified but K only agreed to do so if plaintiff went with her and stayed with her during the session. Id.
K's mother gave permission for K to see the therapist, who was approved by the School District, and for plaintiff to accompany her. Id. ¶ 16. Plaintiff informed K's mother that she would "only go with K a few times" because K and the therapist "had to form their bond without plaintiff." Id. In February 2002, plaintiff offered to schedule K's sessions with her therapist in order to coordinate them with K's school schedule. Id. ¶ 17. For that first session, K told plaintiff the day she wanted to see the therapist and plaintiff scheduled the appointment for that day. Id.
Before K's first session, K's mother called plaintiff for directions to the therapist's office. Id. ¶ 18. Plaintiff offered to pick-up K and drive her to therapy, saving K's mother a trip across town. Id. K's mother gave permission for plaintiff to do so. Id. Plaintiff drove K to the session and attended it with her as previously agreed upon. Id.
After this first session, Principal Anderson met with plaintiff and K's parents. Id. ¶ 19. K's parents were worried about K's erratic behavior and feared another suicide attempt. Id. K's parents sought advice about in-patient psychiatric placement for their daughter. Id. A few days later, K's mother called plaintiff and told her K left the house when instructed not to do so. Id. K was not in school. Id. ¶ 20. Plaintiff advised K's mother to speak with Principal Anderson. Id. K's mother came to school and met with Principal Anderson, Imelda Kormos, school nurse, Kathleen Metkowski, school counselor, and plaintiff. Id. The police picked up K and brought her to school. Id. ¶ 21. K was hysterical at being brought to school in a police car, restrained and handcuffed. Id. K was so distraught that her parents brought her to Montgomery County Emergency Services ("MCES") where she was admitted for psychiatric observation. Id. ¶ 22. That night plaintiff went to K's home to discuss with K's parents how to handle questions from other children about K's whereabouts-K did not want her classmates to know she was at a psychiatric treatment facility. Id. K was released from MCES on the condition that she attend three therapy sessions. Id. ¶ 23. K agreed to do so but again insisted that plaintiff accompany her. Id. Plaintiff reluctantly agreed to do so. Id. In March 2002, Principal Anderson instructed plaintiff not to attend any further sessions with K and plaintiff followed that instruction. Id. ¶ 24.
In March 2002, Warren Sabia, K's math teacher, asked plaintiff if K's math class time could be switched for her English class time (when K was with plaintiff). Id. ¶ 24. K wanted to change classes because she was being tormented by girls in her math class. Id. The switch was made by the two teachers but without the approval of the School Administration. Id. As a result, both Mr. Sabia and plaintiff were reprimanded. Id. ¶ 25. However, Mr. Sabia's reprimand was informal. Id. Plaintiff's was formal and blamed her for "encouraging" K's class cut and jeopardizing "the safety of the student and the school district." Id.
On March 19, 2002 an unsigned letter on behalf of the WIN team was sent to Principal Anderson stating, in pertinent part:
The [School] WIN team is concerned about the apparent inappropriate interaction between ... Mrs. Sallie Montanye, and students who have been identified as high risk through the SAP process. We find Mrs. Montanye's behavior to be an impediment to the SAP process and potentially damaging to these students.
Mrs. Montanye is frequently observed outside the high school building speaking individually with these students ... Our concern is that Mrs. Montanye is unqualified to work with a student in a therapeutic way and is therefore jeopardizing the health and welfare of these children ... Mrs. Montanye has taken one of her students to three therapy sessions outside of the school setting ... The parents gave her permission to drive their child to therapy and introduce her to the therapist, but Mrs. Montanye also attended the sessions with the child ... [T]he parents have met with you and Mrs. Kormos. They fear that their child is so enmeshed with Mrs. Montanye [and] that there could be serious negative effects.
As the high school WIN team, we are most concerned about these behaviors and the continued lack of judgment and professionalism Mrs. Montanye displays with students at-risk. We would ask you to take action before these situations become more out-of-control and the school district suffers serious repercussions.
Id. ¶ 26. This letter was also sent to Judith Clark ("Clark"), the School District Assistant Superintendent. Id. Principal Anderson responded to the WIN team letter by memorandum dated March 22, 2002, stating that he was aware of the situation and had taken appropriate steps. Id. ¶ 27.
On March 19, 2002, the day the WIN team letter was sent, WSD's Code of Pupil Discipline was presented to the School Board, providing, inter alia, that pupils must "recognize that the school staff assumes the role of a surrogate parent in matters of behavior and discipline from time of departure from home until arrival at home ..." and urges parents and guardians of pupils to "build good working relationships between themselves, their children, and school district employees." Id. Plaintiff believed her conduct was appropriate under this policy. Id. ¶ 28.
On May 1, 2002, Superintendent Durtan sent plaintiff notice of a Loudermill hearing (the "Loudermill notice"), pursuant to the due process requirements of Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985), setting forth allegations of improper conduct with K. Id. The Loudermill notice stated, in relevant part:
Allegations have been made that you engaged in willful neglect of duty, insubordination, incompetency, persistent negligence in the performance of duties, willful violation or [sic] school laws, and improper conduct growing out of the following: improperly involving yourself in situations pertaining to student K, making an appointment for the student with a therapist, transporting the student to the therapist, participating in the therapy session with the student, and participating in the change in schedule of the student without the prior approval of the...
To continue reading
Request your trial
-
Montanye v. Wissahickon School Dist.
...claim. II. FACTS The facts of this case are set forth in detail in a previous opinion in this case, Montanye v. Wissahickon School Dist., 327 F.Supp.2d 510 (E.D.Pa.2004); therefore only the facts necessary to the summary judgment decision are included in this Plaintiff has been employed as ......
-
Associated Builders & Contractors, E. Pa. Chapter, Inc. v. Cnty. of Northampton
...which the plaintiffs rely are so-called "class of one" cases. See Opp. to Mot. to Dismiss at 14–15 (citing Montanye v. Wissahickon Sch. Dist. , 327 F.Supp.2d 510, 516 (E.D. Pa. 2004) ; Old York LLC v. Twp. of Abington , Civ. A. No. 16-1731, 2017 WL 634048, at *5 (E.D. Pa. Feb. 16, 2017) ; S......
-
Southersby Dev. Corp. v. Borough of Jefferson Hills
...are identical in all relevant respects but only that they are alike. Startzell, 533 F.3d at 203.See Montanye v. Wissahickon School Dist., 327 F.Supp.2d 510, 519 (E.D.Pa.2004), citing Village of Willowbrook, 528 U.S. at 565, 120 S.Ct. 1073 (“plaintiff need not allege she was treated differen......
-
Archer v. York City Sch. Dist.
...of proof that [D]efendants' actions were not rationally related to a legitimate government purpose." Montanye v. Wissahickon Sch. Dist. , 327 F.Supp.2d 510, 520 (E.D. Pa. 2004). But we may not dismiss their claim at this stage merely because it may be unlikely that they will be able to carr......