Schneck v. Saucon Valley School Dist.

• Decision Date: 18 October 2004
• Docket Number: No. Civ.A. 01-CV-5162.,Civ.A. 01-CV-5162.
• Citation: 340 F.Supp.2d 558
• Parties: Dale SCHNECK, Plaintiff, v. SAUCON VALLEY SCHOOL DISTRICT, Defendant.
• Court: U.S. District Court — Eastern District of Pennsylvania

340 F.Supp.2d 558

Dale SCHNECK, Plaintiff, v. SAUCON VALLEY SCHOOL DISTRICT, Defendant.

No. Civ.A. 01-CV-5162.

United States District Court, E.D. Pennsylvania.

October 18, 2004.

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A. Martin Herring, A. Martin Herring & Assoc., Stephen J. Springer, Philadelphia, PA, for Plaintiff.

Michael I. Levin, Michael I. Levin and Associates, P.C., Allison C. Snyder, Levin Legal Group, P.C., Huntingdon Valley, PA, Mark W. Voigt, Frank & Rosen, Elkins Park, PA, for Defendant.

MEMORANDUM AND ORDER

ANITA B. BRODY, District Judge.

I. Introduction

Plaintiff Dale Schneck ("plaintiff" or "Schneck") brings this action against the Saucon Valley School District ("defendant" or "School District" or "District") alleging violations of his First Amendment rights under 42 U.S.C. § 1983, as well as violations of state law. Presently before me is defendant's motion for summary judgment with respect to plaintiff's First Amendment retaliation claim. I will grant the motion.

II. Statement of Facts¹

Schneck was formerly a teacher at Saucon Valley High School ("High School") in the Saucon Valley School District in Northampton County, Pennsylvania. (Pl.'s Chronology at 1.) He began work in the District in 1987 as a long-term substitute teacher at the junior high school, but in 1990 was transferred to a full-time position in the High School teaching college preparatory English and journalism. (Id.) In September 1992, Schneck began teaching a second journalism class at the High School focused on production of a school newspaper, The Panther Press, and served as the faculty advisor to the newspaper from then until April 1998. (Id. at 1-3.)

On March 31, 1998, the first in a series of events that became collectively known as "Pennygate" occurred. On that day, a student in Schneck's newspaper journalism class suggested that the newspaper write a story about the High School cafeteria's practice of not giving penny change on certain purchases. (Id. at 2.) Later that day, while waiting in the cafeteria check-out line, Schneck noticed that the cafeteria cash register did not contain pennies. (Id.) Schneck spoke with the cashier regarding the penny policy. (Id.) The cashier referred Schneck to her supervisor. Following a discussion with Schneck regarding the penny policy, the supervisor reported the discussion to the High School's Business Manager, Mary Curtin ("Curtin"). (Def.'s Mot. Summ. J. Ex. 19 at 37-38.)

On April 1, 1998, the High School's Principal, Curtis Dietrich ("Dietrich"), scheduled a meeting with Schneck and Curtin to discuss the incident in the cafeteria. (Pl.'s Chronology at 2.) At the meeting on April 2, 1998, Dietrich informed Schneck, with Curtin present, that a cafeteria employee had complained that Schneck had yelled at her. (Id.) When Schneck asked the identity of the cafeteria employee, Dietrich refused to identify the individual. (Id.) Upon Dietrich's refusal, Schneck refused to continue with the meeting. (Id.)

The following day, April 3, 1998, Dietrich again asked Schneck to meet with him, but Schneck refused to meet unless Dietrich would agree to certain conditions. (Id.)

That same day, Schneck posted a statement on the unofficial website of Saucon Valley High School. (Id.; Def.'s Chronology at 2; Def.'s Mot. Summ. J. Ex. 23.) In that statement, he expressed his displeasure with both the penny policy and how the Administration had chosen to treat him after questioning the policy.² (Def.'s Mot. Summ. J. Ex. 23.)

On April 8, 1998, Superintendent Ralph Tarola ("Tarola") sent Schneck a memorandum scheduling a meeting for April 16 to discuss the conversation that Schneck had with the cafeteria workers. (Pl.'s Chronology at 2.)

On April 10, 1998, The Valley Voice, a local newspaper circulated in the Saucon Valley area, published a letter to the editor written by Schneck. (Id.) In the letter, Schneck again voiced his opposition to the cafeteria's policy of not giving penny change to students, but focused primarily on his objections to the way in which he was treated following his inquiry into the practice. (Def.'s Mot. Summ. J. Ex. 24.)

On April 12, 1998, Schneck sent a written response to Tarola's April 8^th memorandum. (Pl.'s Chronology at 3.) In his response, Schneck specified a number of conditions for the meeting. In particular, Schneck stated that he would not attend the meeting or any future meeting unless all of the following conditions were met: 1) the complaining cafeteria workers must be present; 2) two student reporters must be present; 3) the meeting must be tape recorded; 4) Schneck's legal counsel must be allowed to attend; and 5) Bob McHugh, Schneck's co-worker and a member of the professional educators association, must be allowed to attend. (Id.)

On April 14, 1998, Tarola notified Schneck that he acceded to Schneck's requests that McHugh be present and that the meeting be tape recorded. (Id.) However, Tarola refused to allow student reporters at a personnel-related meeting. (Id.) Tarola's position regarding the complaining workers and presence of legal counsel is unclear from the facts in the record.

Schenk did not attend the scheduled April 16th meeting. (Id.)

The following day, The Valley Voice published an editorial written by Arthur Joel Katz ("Katz") under the headline "This Saucon Valley penny controversy seems paranoid," which was critical of Schneck and Schneck's April 10, 1998 letter to the editor. (Id.; Def.'s Mot. Summ. J. Ex. 40.) Katz, who was later elected to the school board, was a reporter at the time of the editorial's publication and has been known to socialize with District officials. (Pl.'s Mem. Opp. Summ. J. at 42-32 n. 12.)

On April 20, 1998, Principal Dietrich sent a letter to students apologizing for the cafeteria's penny practice and offering to make restitution to any student affected by the practice. (Pl.'s Chronology at 3.)

Two days later, Tarola sent a second memorandum to Schneck scheduling a meeting for April 24, 1998 and warning Schneck that his refusal to attend the meeting could result in dismissal. (Id.) Schneck did not attend the meeting on April 24, 1998. (Id.) Following Schneck's non-appearance, Tarola suspended Schneck without pay pending a School Board hearing on dismissal charges. (Id.)

On April 27, 1998, approximately 150 students peacefully demonstrated in the High School's parking lot in protest of Schneck's suspension. (Id. at 4.) Roughly 30 of the protesting students refused to return to class and were suspended for three days. (Id.) Schneck was not involved in organizing this protest. (Id.)

Between April 27, 1998 and June 3, 1998, Schneck was interviewed on several radio and television shows to discuss "Pennygate," including the student walk-out and his suspension. (Id.)

On April 28, 1998, Tarola was quoted in newspaper coverage of the student walk-out. (Id.) He was critical of Schneck's refusal to attend the meetings and questioned "what kind of problem-solving techniques he was modeling for the students who respect him." (Id.)

On May 1, 1998, the School Board President issued a Statement of Charges and Notice of Hearing to Schneck. (Id.; Def.'s Mot. Summ. J. Ex. 45.) The Statement charged Schneck with "persistent negligence and persistent and willful violation of official directives and the school laws" in connection with his refusal to attend meetings with his principal and superintendent. (Def.'s Mot. Summ. J. Ex. 45.)

On May 15, 1998, The Valley Voice published Schneck's response to Katz's April 17, 1998 editorial. (Pl.'s Chronology at 3.)

On June 3, 1998, Schneck, Tarola, Donald Spry ("Spry"), the Solicitor to the School District, and John Karoly, plaintiff's personal counsel, met to discuss settlement. (Id. at 4.) At the meeting, the parties agreed that Schneck would serve a 35-day suspension lasting until the end of the school year in June 1998 and that Schneck would resume teaching in the fall of 1998. (Pl.'s Mem. Opp. Summ. J. at 10.) Tarola also requested, and Schneck agreed, that Schneck's salary during the period of the suspension be paid into a special education fund. (Id. at 10-11.)

However, during an executive session of the School Board held on June 15, 1998, the School Board rejected the terms of the settlement and indicated their intent to hold a hearing and decide on appropriate disciplinary action. (Pl.'s Chronology at 5.) Later press reports described the School Board's dissatisfaction with the provision directing Schneck's salary during the suspension towards a charity. (Id.)

Following an August 31, 1998 hearing at which Schneck did not appear, the School Board suspended Schneck for the 1998-1999 school year, subject to reassignment in the discretion of the Superintendent upon Schneck's return for the 1999-2000 school year. (Id.) As part of the suspension, Schneck was prohibited from setting foot on School District property. (Id.) Schneck's union lawyer, Charles Herring ("Herring"), sent a letter to the Board the day of the hearing indicating Schneck's intention to arbitrate any decision made by the School Board. (Id.)

Sometime during September 1998, Schneck heard from an unidentified teacher that Tarola had made a joke or mocking reference to Schneck during a staff orientation. (Id.)

On June 5, 1999, Arbitrator Joe Bloom conducted the first arbitration session. (Pl.'s Mem. Opp. Summ. J. at 15.) He held a second session on August 25, 1999. (Pl.'s Chronology at 6.)

Sometime between July 1 and July 7, 1999, Tarola informed Schneck by telephone that Schneck would be reassigned to teach language arts in the Middle School following his return from suspension. (Id.) On July 7, 1999, Assistant Superintendent Rick Grove sent a letter to Schneck welcoming him to the Middle School Language Arts program and inviting him to attend team meetings in July and August 1999. (Id.)

In a July 22, 1999 letter, the School District offered to settle the...