Stella v. Dept. Of Educ.
| Decision Date | 18 March 2019 |
| Docket Number | C.A. No. 17-1591-MPT |
| Citation | 367 F.Supp.3d 235 |
| Parties | Anthony STELLA, Plaintiff, v. State of Delaware DEPARTMENT OF EDUCATION, et al., Defendants. |
| Court | U.S. District Court — District of Delaware |
Michele D. Allen, Caitlyn E. Quinn, Allen & Associates, Hockessin, DE, for Plaintiff.
Adria Benner Martinelli, Delaware Department of Justice, Wilmington, DE, for Defendants.
On November 6, 2017, Anthony Stella ("Stella") filed this action against the State of Delaware Department of Education ("DOE"), Sandra Waldee-Warden ("Warden") and Susan Bunting ("Bunting")1 alleging the following causes of action: Retaliation in Violation of First Amendment (Count I); Breach of Contract (Count II); and Breach of the Implied Covenant of Good Faith and Fair Dealing (Count III).2
On February 5, 2018, Stella filed a First Amended Complaint ("FAC") adding additional defendants Delaware Department of Correction ("DOC"), Robert Coupe ("Coupe"), and Perry Phelps ("Phelps"), and a cause of action for Denial of Substantive Due Process under 14th Amendment State-Created Danger (Count IV).3 On July 24, 2018, the court granted defendants' motion to dismiss Count IV.4
This action was brought following the DOE's termination of Stella's employment on April 4, 2017.5 He was terminated due to communications he made regarding a prison riot on February 1, 2017, allegedly in violation of DOE and DOC communication policies.6 Presently before the court is defendants' motion for summary judgement.7
For the reasons stated below, defendants' motion is granted in part and denied in part.8
The DOC's mission is to protect the public by supervising adult offenders and by directing them to treatment, education, and work programs.9 The purpose of the educational program is to provide education to offenders without a GED, high school diploma, or vocational training.10 Among the vocational skills taught are culinary skills.11
Most of the teachers in the prison system are hired and employed by the DOE, but work under a DOE/DOC partnership as detailed in a Memorandum of Understanding ("MOU").12 The MOU describes DOE's responsibilities, e.g., "ensur[ing] that all educational staff comply with both DOE and DOC rules, regulations and institutional standard operating procedures (SOPs) regarding conduct in a security environment and report[ing] violations."13
Stella was hired by the DOE as a prison education teacher responsible for developing and implementing a culinary arts program for DOC inmates.14 His employment was governed by an employment contract for a term from January 4, 2016 through June 30, 2016.15 He entered a second employment contract with the DOE for a term from July 1, 2016 through June 30, 2017.16 The two contracts are identical in relevant part. Each provided the DOE could terminate Stella's employment before its expiration date: (1) pursuant to the provisions of 14 Del. C. § 121(a)(5), which provides for dismissal for misconduct in office or willful neglect of duty,17 (2) for any disciplinary action initiated by the DOE, or (3) for any violation of the DOC's policies and procedures, including its "Code of Conduct."18
From January to March 2016, Stella received DOE training to work in a Level 5 prison.19 The topics covered related to working in prison education and review of the DOE Employee Handbook, DOE/DOC Collaboration (including "Chain of Command"), and DOE/DOC communications.20 His signed acknowledgment affirmed he completed this training, understood its relevance to his work plan, and would clarify any questions with his Teacher/Supervisor.21
From January 4, 2016 to March 14, 2016, Stella also received DOC Correctional Employee Initial Training ("CEIT") to prepare for working in a Level 5 prison.22 CEIT covered topics including the DOC Code of Conduct and Press Policy.23
Section 1.4 of the DOC's Employee Code of Conduct states: "[s]taff shall be courteous while interacting with any person, discharge their duties in a fair, impartial manner, and recognize their responsibilities as public employees."24 Section 1.5 lists examples of "unbecoming staff conduct," including: dissemination of confidential information contrary to DOC policy or procedures, any conduct that would interfere with the staff member's ability or fitness to effectively perform required duties, and violation of any DOC policies.25
DOC Policy Number 10.3, "Communications and Community Relations," states:
Section 8.11.2 of the DOE Employee Handbook, "Communication with Media," states:
After graduation from CEIT, Stella was assigned to the James T. Vaughn Correctional Center ("JTVCC") and rotated every month to a different correctional institution.28 This rotation caused Stella to miss routine training exercises that reinforced DOC and DOE policies.29
On April 18, 2016, Warden sent Stella an e-mail containing the "communication policy we discussed" that stated 30
On October 19, 2016, Stella sent an e-mail to Michael Grossman, DOE Education Associate, Adult & Prison Education Resources, seeking information on a teaching certification process and stating 31
On November 18, 2016, Warden sent Grossman and DOE Teacher Supervisor Kristi King an e-mail stating "[i]f I did not print [the communication policy] for [Stella] I know I verbally informed him of this policy when he took it upon himself to contact [the individual] who oversees food services here, and when he was talking about contacting the Commissioner directly."32 Shortly thereafter, Grossman responded "we need to work through this and move forward, assuring he clearly understands for each site, in writing would help."33 King replied to Grossman and Warden that she spoke to Stella that morning about the need to follow the chain of command and that he received her instructions well and understood them.34
On January 3, 2017, Warden sent Stella an e-mail telling him to "remember DOC's chain of command," in response to his request to use a DOC locker for his personal items.35 Warden suggested the request should come through her, rather than going directly to DOC personnel.36
On February 1, 2017, Stella was teaching at JTVCC during his normal rotation when Building C of the facility was subject to an inmate takeover.37 Stella was in the separate Education Building with twelve inmates preparing to finish his class when an audible Code One signaled an attack on a correctional officer.38 Despite confusion in the hallways, Stella closed his classroom door and continued teaching because he had not been instructed to leave.39 Shortly thereafter, the prison was placed on lock down and he was escorted from the classroom to a training room with other staff and correctional officers where he learned the prison was subject to an inmate takeover.40 There was internet access through computers in the training room and Stella contacted his wife to let her know he was in no immediate danger.41 Communications with the inmates, including threats to kill a hostage, were audible over correctional officers' radios which made Stella feel sick and he distanced himself from the radios.42 After about three hours, Stella and the others were moved to a visiting room, where they continued to hear inmate negotiations but were allowed to walk around more freely.43 After approximately five hours of confinement in the two rooms, they were released to leave JTVCC around 6:00 p.m. that evening.44 The hostage crisis ended shortly after 5:00 a.m. the next morning when a prison Response Team gained access to Building C.45
Stella immediately drove from JTVCC and pulled over and parked at his first opportunity.46 There, he was overcome by emotions; his hands were shaking and he began to cry as he called his wife, who was in California at the time.47 He regained composure after the call and resumed driving home when he received a call from a number he did not recognize.48 The caller said, "Anthony, are you okay?" to which he responded, "Who is this?," and was told, "Esteban."49 Stella then recognized the caller as a reporter he was acquainted with from the News Journal, Esteban Parra ("Parra").50 He remembers the call, but nothing about the conversation or what occurred from the time he left the prison until arriving home.51
The News Journal published an article at 10:15 p.m. February 1, 2017 identifying Stella as a DOE employee and culinary instructor at JTVCC and reported his observations while in lock down at the prison.52 At the time of the conversation, Stella was not aware an...
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...a false rationale fortermination." E.E.O.C. v. Avecia, Inc., 151 Fed App'x 162, 165 (3d Cir. 2005); see also Stella v. Dep't of Educ., 367 F. Supp. 3d 235, 266 (D. Del. 2019) (noting that under Delaware Supreme Court precedent, "a plaintiff has the burden to prove . . . the falsification of......