Storlazzi v. Bakey

• Citation: 894 F. Supp. 494
• Decision Date: 25 April 1995
• Docket Number: 93-10524-NG and 93-11046-NG.,Civ. A. No. 89-1306-NG
• Parties: Edmund G. STORLAZZI, Plaintiff, v. Janice BAKEY, et al., Defendants.
• Court: U.S. District Court — District of Massachusetts

894 F. Supp. 494

Edmund G. STORLAZZI, Plaintiff, v. Janice BAKEY, et al., Defendants.

Civ. A. Nos. 89-1306-NG, 93-10524-NG and 93-11046-NG.

United States District Court, D. Massachusetts.

April 25, 1995.

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Joan M. Chaisson, Auburndale, MA, Harold Robertson, Harmon & Robertson, Boston, MA, for Edmund G. Storlazzi.

Rodney E. Gould, Rubin, Hay & Gould, Framingham, MA, for Doris Cremins, Charles Lyons, George Buckley, Daniel Kelley, Deborah Ferraro, Steven Conroy, Richard Kraus, Linda Braun, William A. Carey, Jr., Kathleen Dias, William J. O'Brien, Michael Peters, Jr., Alexander Wilson, Patricia B. Worden, Katherine Fennelly, Michael Healey, Janice Bakey, David W. McKenna, Stephen Moss, Walter Devine, Stephen Dlott, Harold Fairbanks, Richard Hall, John Kent, Vincent D'Antona, Richard Collomb, Arlington School Bd.

Americo A. Salini, Jr., Mass. Teachers Ass'n, Boston, MA, for Ellen Pratt, Virginia Fuller, Ann Tierney, Suzanne Nocella, Dorothy Galluzzo, Kathleen O'Connell, Madeline Powers, Lawrence Greco, Linda Verity.

MEMORANDUM AND DECISION

GERTNER, District Judge.

I. INTRODUCTION

This case stems from statements made by the plaintiff Edmund G. Storlazzi and certain actions allegedly taken in retaliation for those statements by Storlazzi's employer, the Arlington School Committee. Plaintiff alleges a violation of his First Amendment rights, and sues to redress that violation under 42 U.S.C. § 1983. In addition, Storlazzi alleges the existence of a conspiracy to deprive him of his First Amendment rights between the Arlington School Committee, the Arlington Education Association (the "Union") and the Massachusetts Teachers Association ("MTA"). Plaintiff also alleges certain state law violations.

Before me now are the defendants' motions for consolidation and summary judgment. For the foregoing reasons both motions are GRANTED.

II. PROCEDURAL POSTURE

The initial Complaint — (Civil Action 89-1306) filed on June 15, 1989 — alleges: (1) A violation of § 1983 (deprivation of First Amendment rights) (Count I); (2) a breach of the Collective Bargaining Agreement ("CBA") by the School Committee (Count II); (3) a breach of a 1982 Settlement Agreement by the School Committee (Count III); (4) a breach of the duty of fair representation by the Arlington Education Association (the local union representing the plaintiff) (Count IV); (5) defamation (Count V); and, (6) intentional infliction of emotional distress (Count VI). The 1989 case named past and present members of the Arlington School Committee, past and present administrators of Arlington High School, and past and present members of the Arlington Education Association¹ (hereafter "Storlazzi I"). Storlazzi I sought monetary and injunctive relief for alleged harassment and discrimination in retaliation for the plaintiff's speech.

On December 16, 1991, Storlazzi moved to amend the Complaint by adding a claim based upon his termination from employment as a result of a reduction in force ("RIF") at the Arlington High School. On January 8, 1992, Magistrate Judge Bowler denied plaintiff's motion to amend without prejudice. While the defendants' motion for summary judgment was pending in Storlazzi I, the plaintiff filed a new suit repeating many of the same allegations in Storlazzi I and adding a claim for relief based upon the RIF. That case² — Civil Action 93-10524, filed on March 19, 1993 — named the members of the School Committee, the High School Administration and the Union. The Complaint alleged: (1) A due process violation for failing to provide notice and a pre-termination hearing; a deprivation of his First Amendment rights by selecting him for a reduction in force (Count I); (2) deprivation of his rights under the Massachusetts Civil Rights Act (Count II); (3) intentional interference with contract (Count III); and, (4) intentional infliction of emotional distress (Count IV) (hereafter "Storlazzi II").

On May 12, 1993, Storlazzi began a third action in this Court. Here, Storlazzi alleges:³ (1) That the School Committee failed to adequately train the administration officials so as to prevent the alleged retaliatory action taken (Count I); (2) that the School Committee breached the Collective Bargaining Agreement (Count II); (3) that the Union and the Massachusetts Teachers Association (the state teacher's union) breached their duty of fair representation (Count III); and, (4) a violation of the Massachusetts Civil Rights Act (Count IV) (hereafter "Storlazzi III").

In addition to these civil actions commenced in the district court, the issue of whether the School Committee violated the CBA in selecting Storlazzi for the 1990 RIF (the central issue in Storlazzi II) was "litigated" in a binding arbitration pursuant to the Collective Bargaining Agreement between the Arlington School Committee and the Arlington Education Association. On June 11, 1993, four days prior to instituting Storlazzi III, the arbitrator determined that no violation had occurred.

III. SUMMARY OF FACTS

Edmund G. Storlazzi taught history/social studies in the Arlington High School from 1970 until 1990. Storlazzi received tenure in 1973. Prior to 1973, Storlazzi served as both a teacher and, for some time, an administrator in the Arlington High School. In 1976, Storlazzi filed a complaint against the School Committee in federal court alleging retaliatory action taken against him as a result of his decision to leave the school administration and return to teaching. In 1982, the School Committee and Storlazzi reached an agreement settling the litigation (the "Settlement Agreement"). As a result of the Settlement Agreement, the School Committee agreed to remove certain documents from Storlazzi's personnel file.

In 1985, Storlazzi began to criticize the School Committee and the Arlington High School Administration (the "Administration") for various policies and procedures. Among these criticisms were complaints about the use of alcohol by students in the high school, the locking of student lavatories; the policy of notifying teachers in advance of observations; and, the grading and administration of final exams. The above list is not exhaustive of Storlazzi's alleged First Amendment activities which are more fully discussed in Section VII infra.

The plaintiff's conduct continued from 1985 through 1989. According to the Complaints, the School Committee and the Union engaged in a conspiracy to deprive the plaintiff of his constitutional rights by retaliating against him for his outspokenness. That retaliation included changing his class schedule, removing students from his classes; denying him access to the grievance/arbitration process; terminating his employment, and failing to recall him as a teacher. This description is not a complete list of the alleged retaliatory conduct which is discussed more fully in Section VII infra.

In May, 1990, the School Committee laid off teachers. As per the Collective Bargaining Agreement, the School Committee gave due weight to the seniority of individual teachers. A more senior teacher could only be "RIFFED" upon a prior determination that a "significant difference" existed in the performance of the senior teacher and his junior colleagues. Defendant John Kent (Chairperson of the Social Studies Department) made such a determination and Storlazzi was "RIFFED." Storlazzi followed the grievance procedure of the CBA and the Union pursuing arbitration on the issue on his behalf. After a four day trial, the arbitrator found that the Administration's determination that a significant difference existed between Storlazzi and the more junior teachers was rational and consistent with the plaintiff's performance evaluations.

In June, 1990, as a result of increased funding, the School Committee recalled certain teachers it had "RIFFED" the previous May. Storlazzi was not recalled. The plaintiff claims that the decision not to rehire him was further retaliation for his First Amendment activity. The School Committee argues that the failure to recall is an issue covered by the terms of the Collective Bargaining Agreement, that in order to challenge the decision, Storlazzi was bound to follow the CBA grievance procedure, and he did not.

IV. CONSOLIDATION

On May 31, 1994 the defendants filed a motion pursuant to Rule 42 of the Federal Rules of Civil Procedure to consolidate the three actions brought by Storlazzi. Consolidation under Rule 42 is proper when "actions involving a common question of law or fact are pending before the court." In addition, the decision to consolidate cases is one generally left to the discretion of the trial judge. New England Energy Inc. v. Keystone Shipping Co., 855 F.2d 1, 7 (1st Cir.1988) ("Rule Civ.P. 42 ... allows consolidation if there is a common question of law or fact. If this requirement is met, a court typically has broad discretion to decide whether consolidation is appropriate.") See, e.g., Sutcliffe Storage & Warehouse Co. v. U.S., 162 F.2d 849, 851 (1st Cir.1947).

Plaintiff concedes that consolidation of Storlazzi II and Storlazzi III is appropriate. Nevertheless, he contends that it is inappropriate for the Court to consolidate all three matters because the 1993 claims (Storlazzi II and Storlazzi III) involve "new, discrete, actionable, substantial and separable wrongs inflicted on Storlazzi by different defendants well after the commencement of the 1989 action (Storlazzi I)." Finally, the plaintiff argues that his trial on the 1989 claim should not be postponed while Storlazzi II & III complete discovery. If consolidation were granted, the plaintiff argues, his right to "just, speedy and inexpensive litigation" will be prejudiced.

Despite the fact that a new theory of liability is advanced in the most recent case (Storlazzi III) — the so-called failure to train issue — the heart of the plaintiff's claims in all three actions rests on related violations of 42 U.S.C. §...