Moorehead v. Sch. Dist. of the City of Allentown

• Decision Date: 17 April 2023
• Docket Number: CIVIL 5:22-cv-03959-JMG
• Parties: MR. JASON MOOREHEAD, Plaintiff, v. SCHOOL DISTRICT OF THE CITY OF ALLENTOWN, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

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MR. JASON MOOREHEAD, Plaintiff, v. SCHOOL DISTRICT OF THE CITY OF ALLENTOWN, et al., Defendants.

CIVIL No. 5:22-cv-03959-JMG

United States District Court, E.D. Pennsylvania

April 17, 2023

MEMORANDUM OPINION

John M. Gallagher United States District Court Judge

I. OVERVIEW

Plaintiff former middle school teacher for Defendant School District of the City of Allentown, brings numerous §1983 claims against Defendants alleging he was suspended, defamed constructively terminated, and officially terminated by Defendants, the school district, board members, and administrators, through an unconstitutionally biased process based on Plaintiff's support of former President Donald Trump and attendance at the “January 6, 2021 rally at the Washington Monument.” Compl. at ¶ 3. Plaintiff's Complaint avers Plaintiff “was at all times more than 1 mile away from the Capitol Building and the infamous riot that took place there.” Id. at ¶ 4.

For the reasons explained fully herein, the Court grants in part and denies in part Defendants' Motion to Dismiss/Strike Plaintiff's Complaint [ECF No. 10].

II. BACKGROUND

Plaintiff's Complaint contains 514 paragraphs and 117 pages of allegations, and attaches roughly 500 pages of exhibits. See generally Compl. [ECF No. 1-1]. The Complaint's fact pleading is constantly interrupted with extensive legal argument, social commentary, and allegations against non-defendants. Despite the foregoing challenges, the Court does its best to summarize the relevant allegations contained therein as follows.

Plaintiff's Complaint brings six (6) counts: Count I - First Amendment Retaliation for Expression, Assemble, and Petition for Redress of Grievances; Count II - First Amendment Retaliation for Political Affiliation; Count III - Pennsylvania School Code Section 1122 Violates the U.S. and Pennsylvania Constitutions' Guarantee to Freedom of Expression, Association, Assembly, Petition for Redress of Grievances, and Due Process; Count IV - Procedural Due Process; Count V - Violations of Fourth, Fifth, and Fourteenth Amendments to the United States Constitution for Coerced Statements and Unreasonable Search and Seizure on Behalf of the FBI; Count VI - Declaratory and Equitable Relief - Name - Clearing Hearing. All counts are brought against each of the nineteen (19) defendants. See Compl. at ¶¶ 336-514 [ECF No. 1-1]

Plaintiff brings claims against the School District of the City of Allentown (“ASD”) and the Board of School Directors of the City of Allentown (“School Board” or “Board”), along with two categories of “Individual Defendants”: the “District Officer Defendants” and the “Board Member Defendants.” Id. at ¶¶ 302-322. Plaintiff's claims against all Individual Defendants are brought against them in their individual and official capacities. Id.

The Individual “District Officer Defendants” consist of: Thomas Parker, who was Superintendent of ASD at all relevant times up until May 1, 2021; Marilyn Martinez, who served as ASD Interim Superintendent from May 1, 2021 to July 22, 2021; John D. Stanford, who is the current ASD Superintendent since on or around November 15, 2021; Jennifer Ramos, ASD Assistant Superintendent; and Anthony Pidgeon, who was the Executive Director of Human Resources for ASD at all relevant times up until November 2021. Id. at ¶¶ 304-08.

The “Board Member Defendants” include: Nancy Wilt, President of the School Board; Nicholas Miller, member and former Vice President of the School Board; Lisa A. Conover, member and current Vice President of the School Board; Phoebe D. Harris, member; Audrey Mathison, member; Charles F. Thiel, member; Patrick Palmer, member since January 16, 2022; LaTarsha Brown, member since December 16, 2021; Jennifer Lynn Ortiz, member since December 16, 2021; Cheryl L. Johnson-Watts, former member who was a member of the School Board at all relevant times until October 21, 2021; Sara J. Brace, former member who was a member of the School Board at all times relevant until 2021; and Linda Vega, former member who was a member of the School Board at all times relevant until December 16, 2021. Id. at ¶¶ 309-320.

Broadly, this Complaint arises out of Plaintiff's allegations that all Individual Defendants, described as “left wing politically,” engaged in and approved of a series of investigations of Plaintiff, made and facilitated false public statements regarding Plaintiff, and suspended and ultimately terminated Plaintiff, all in violation of his Constitutional rights, and due to his conservative political beliefs and support of former President Donald Trump. Id. at ¶¶ 324-331.

Plaintiff, Jason Moorehead, is a self-described conservative Republican who supported Donald Trump in the 2020 Presidential Election. Id. at ¶ 2. Plaintiff was employed by ASD as a social studies teacher at Raub Middle School when he attended the January 6, 2021 rally at the Washington Monument to hear then-President Donald Trump speak. Id. at ¶ 3. Plaintiff avers he “listened to the speeches, got a hot dog and then boarded a bus back to Allentown, PA. He was at all times more than 1 mile away from the Capitol Building and the infamous riot that took place.” Id. at ¶ 4. Plaintiff made several social media posts that day: (1) “[e]arly in the morning he posted a picture of himself stating ‘doing my civic duty'”; (2) “[a]t 1:45 pm... he posted a picture of himself getting a hot dog near the Washington Monument. The post said ‘Waiting for a hot dog during (what hopefully CNN will call) a ‘mostly peaceful protest' while at the Capital!'”; (3) “On a post by another user he commented ‘This!' to a meme which stated: don't worry everyone the Capitol is insured”; and (4) “He also commented” stating “Wrong on so many levels, but hilarious none the less” to “a meme posted by another user. The meme was a picture of the absurd Viking man who sat on the dias in the Capitol Building, and captioned ‘Protestor Challenges Pelosi for speaker of house via trial by combat circa 2021.'” Id. at ¶¶ 341-42, 346, 348.

The next day, on January 7, 2021, without prior notice, Defendants suspended Plaintiff from work indefinitely. Id. at ¶ 31. Plaintiff alleges Defendant Pidgeon e-mailed him that morning advising he was suspended with pay pending an investigation into Plaintiff's conduct on January 6, 2021, as social media postings had raised concerns regarding Plaintiff's involvement in the civil unrest that occurred on January 6, 2021. Id. at ¶ 31; Ex. 2. Also on January 7, Defendant Parker published an allegedly “false press release” (“January 7, 2021 Press Release”) on social media that does not identify Plaintiff by name, but states “On January 7, 2021, the Allentown School District (ASD) was made aware of a staff member who was involved in the electoral college protest that took place at the United States Capitol Building on January 6, 2021.” Id. at ¶ 32. The January 7, 2021 Press Release states “[b]ecause of the emotion and controversy stirred by the events of [] January 6, 2021, the teacher has been temporarily relieved of his teaching duties until the School District can complete a formal investigation of his involvement.” Id. Plaintiff claims the “false facts” in the Press Release were that “(1) Moorehead was at the U.S. Capitol Building on January 6, 2021, and (2) he was involved in and participated in the protest at the Capitol Building.” Id.

Plaintiff was sent a Garrity notice before a 1:00 p.m. January 8, 2021 meeting with ASD. Id. at ¶ 45. Plaintiff met via Zoom with the ASD Solicitor and Defendant Pidgeon, who questioned Plaintiff. Id. at ¶¶ 51-53. Plaintiff explained to Defendant Pidgeon and the ASD Solicitor that “he was not at the Capitol Building riot and was at all points over 1 mile away from the Capitol Building on January 6, 2021.” Id. at ¶ 52. Plaintiff alleges the questions asked at the meeting were not narrow, nor were they related to his official duties, and that, although Plaintiff “was never informed that he was already under criminal investigation,” the ASD officials were asking him questions “on behalf of the FBI during a secret criminal investigation.” Id. at ¶ 50.

Also on January 8, 2021, Plaintiff alleges the ASD Solicitor told a local press publication, “the Morning Call,” that “Plaintiff had been suspended because he had participated in unAmerican and subversive doctrines,” which was a “reference to Section 1122 of the School Code” which “lists one ground for termination [of a teacher] as ‘advocation of or participating in unAmerican or subversive doctrines.'” Id. at ¶ 450a.ii.

In late January 2021, Defendants “demanded that Plaintiff turn over” his ASD-issued/owned electronic devices as part of ASD's investigation. Id. at ¶ 121; Ex. 11. Defendants allegedly advised Plaintiff that “if he turned over the devices, and there was no proof he was at the Capitol Building,” the January 7, 2021 Press Release “would be corrected” and Plaintiff would be reinstated. Id. at ¶ 122. Plaintiff also alleges he was “falsely assured by Defendants' solicitor there was no criminal aspect to this request” but that “the FBI was behind this request and was the entity searching his devices.” Id. at ¶ 124. Plaintiff alleges the “search of his devices found nothing.” Id. at ¶ 125.

In advance of a February 11, 2021 Board Meeting, Plaintiff alleges Defendant Board Members, “especially” Defendants Harris and Conover, colluded “to attack and retaliate against” Plaintiff “because of their hatred for Plaintiff's political opinions and affiliations.” Id. at ¶ 77. Plaintiff alleges Defendant Board Member Conover and “Promise Neighborhoods,” an organization of which Conover was a board member, started a “Change.Org” petition directed to the School Board, which Plaintiff alleges was about him, and stated...