Zucal v. Cnty. of Lehigh

• Decision Date: 09 March 2023
• Docket Number: CIVIL 5:21-cv-04598-JMG
• Citation: Zucal v. Cnty. of Lehigh, CIVIL 5:21-cv-04598-JMG (E.D. Pa. Mar 09, 2023)
• Parties: JUSTIN K. ZUCAL, et al., Plaintiffs, v. COUNTY OF LEHIGH, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

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JUSTIN K. ZUCAL, et al., Plaintiffs, v. COUNTY OF LEHIGH, et al., Defendants.

CIVIL No. 5:21-cv-04598-JMG

United States District Court, E.D. Pennsylvania

March 9, 2023

MEMORANDUM OPINION

JOHN M. GALLAGHER UNITED STATES DISTRICT COURT JUDGE

Plaintiffs have filed an amended complaint against Defendants Lehigh County; Philip Armstrong, County Executive (“Armstrong”); Edward Hozza, Jr., County Administrator (“Hozza”); Marc Redding, Director of Human Resources (“Redding”); Richard D Molchany, Director of General Services (“Molchany”); John Kalynych, Former Director of Emergency Services (“Kalynych”); Laurie Bailey Former Director of Emergency Services (“Bailey”) and Christine Gieringer, 9-1-1 Supervisor (“Gieringer”),^[1]alleging claims of First Amendment Retaliation, violations of Procedural Due Process and Title VII, and civil conspiracy. Plaintiffs have also brought a Monell claim and a Supervisory Liability claim. Presently before the Court is Defendants' motion to dismiss the amended complaint. For the following reasons, the motion is granted.

I. ALLEGATIONS^[2]

In January 2019, the Allentown 911 Emergency Call Center (“Allentown 911 Call Center”) merged with the Lehigh County 911 Emergency Call Center (“911 Call Center”). Amended Complaint, ECF No. 15 (Amend. Compl.) at ¶ 25. Prior to the merger, plaintiffs Justin K. Zucal (“Zucal”) and David M. Gatens (“David M. Gatens”) worked as 911 dispatchers in the Allentown 911 Call Center while plaintiffs Francis C. Gatens (“Francis C. Gatens”), John S. Kirchner (“Kirchner”), Emily M. Geiger (“Geiger”), Julie L. Landis (“Landis”), and Brandi L. DeLong Palmer (“Palmer”) worked as 911 dispatchers at the Lehigh County 911 Call Center. Id. at ¶¶ 23-24. Prior to the merger, Melissa Alvarez-Carril (“Alvarez-Carril”) was a supervisor in the Allentown 911 Call Center. Id. at ¶ 27. Alvarez-Carril is not a party to this action.

Plaintiffs allege that following the merger, Lehigh County supervisory and management employees subjected Alvarez-Carril to racially hostile comments as well as racially hostile, false, and defamatory accusations. Id. at ¶¶ 31-32. Between January 2019 and January 2020, Alvarez-Carril observed 911 dispatchers commit severe errors and or negligent and reckless acts. Id. at ¶ 33. Alvarez-Carril documented and reported this conduct to county supervisors, including the Defendants, who responded with hostile and negative comments. Id. at ¶ 34. In one such incident, a 911 dispatcher failed to advise police and EMS of an individual's location, and as a result of the ensuing delay the individual died. Id. at ¶¶ 35-36. A 911 supervisor then informed other county supervisors that Alvarez-Carril had failed to handle an emergency 911 call. Id. at ¶ 38. Plaintiffs allege county supervisors began the termination process of Alvarez-Carril soon thereafter. Id. at ¶ 39.

Plaintiffs all complained to unidentified county supervisors about the discrimination of Alvarez-Carril and the racially hostile working environment of the 911 Call Center. Id. at ¶¶ 4087. Plaintiffs claim unidentified county supervisors halted their attempt to terminate Alvarez-Carril for the handling of the call only after their complaints. Id. at ¶ 47. In addition to their complaints about the treatment of Alvarez-Carril, Plaintiffs lodged complaints up the pipeline to county supervisors and members of other agencies that worked alongside the 911 Call Center regarding the management and operation of the 911 Call Center. From July 2019 through January 2020, Zucal had ongoing discussions with members of the Allentown Police Department, and the Woodlawn and Allentown Fire Departments regarding the policies and management of the 911 Call Center. Id. at ¶¶ 123-25, 132-35, 148-49. He also made complaints to unidentified county supervisors, the subject of which included the city's digital radio system and other issues within the call center that led to delays in calls involving fire departments, the CAD system and dispatchers' failure to use the system properly, and dispatchers' failure to run license plates and otherwise obtain information from callers, which in turn led to delays. Id. at ¶¶ 123-25, 126-27, 132-38, 146-49. Zucal also made complaints about the workplace behavior of defendants Gieringer and Kalynych, and another co-worker. Id. at ¶¶ 142-44, 150-53.

Francis C. Gatens made similar complaints to unidentified county supervisors between July 2019 and January 2020. His complaints included issues with the CAD system and the conduct of fellow employees, including their failure to run license plates when handling 911 calls. Id. at ¶¶ 156-57. He also complained about a co-worker falling asleep on the job and using a personal device that distracted other dispatchers. Id. at ¶ 158. During this same time period he spoke regularly with members of the police departments in Slatington, Salisbury and Whitehall about the lack of training for 911 dispatchers, delays in response times and issues with the quality of the radio systems. Id. at ¶¶ 155. Between July 2019 and January 2020, Kirchner regularly complained to unidentified county supervisors about similar issues. His complaints included issues with the operation of radio systems during fire emergencies, the workplace behavior of fellow 911 dispatchers and lack of policies and supervision which all led to delays in response times. Id. at ¶¶ 161-64. He was also involved in discussions regarding safety issues with the Lehigh County Fire Chiefs' Association, EMS dispatchers and police officers. Id. at ¶ 160.

Between July 2019 and January 2020, Geiger complained regularly to unidentified county supervisors. Her complaints included issues with the digital radio system, the CAD system, the workplace behavior of fellow 911 dispatchers and a lack of policies and supervision which all led to delays in response times. Id. at ¶¶ 167-71. During that same period she also spoke regularly with members of the Slatington Police Department, Northampton Regional Emergency Medical Services and the Greenawalds Fire Department about the lack of training for 911 dispatchers, delays in response times and issues with the quality of the radio systems. Id. at ¶¶ 165-66.

During this same time period, Plaintiff Palmer made two complaints to unidentified county supervisors regarding the 911 phone system crashing during a conversation with an emergency caller. Id. at ¶ 172. Palmer's complaints also included the lack of supervision of employees at the 911 Call Center, the workplace behavior of other dispatchers, and issues with the CAD system that led to delays. Id. at ¶ 176. Plaintiff Landis also made similar complaints to unidentified county supervisors during this same period about a lack of supervision of 911 Call Center employees and issues involving dispatchers' processing of 911 calls. Id. at ¶¶ 177, 179. Finally, Plaintiff David C. Gatens, who was a supervisor in the 911 Call Center, received these complaints from the other Plaintiffs and conveyed them to defendants Kalynych, Bailey, and other individuals. Id. at ¶¶ 185-86.

In addition to her complaints regarding the safety issues at the 911 Call Center, Palmer made several troubling allegations of sexual misconduct. Palmer alleges that she was criticized by an unidentified male employee for taking breaks to pump breast milk, id. at ¶ 90; she was subjected to comments from unidentified supervisors regarding breast milk, id. at ¶¶ 91-93; she was harassed and inappropriately touched by an unidentified male co-worker, who also printed a photo of Palmer and placed it on a binder, id. at ¶¶ 93-94; and was subjected to inappropriate and harassing comments by unidentified co-employees for sitting next to another unidentified employee, id. at ¶¶ 99-100.

Following the merger, two townhall meetings were held with County executives, administrators and Defendants. Id. at ¶¶ 187-97. During the first meeting, held on August 26, 2019, David M. Gatens advised unidentified county supervisors and administrators of Plaintiffs' complaints described above. Id. at ¶ 188. Plaintiffs claim county supervisors did not respond to any of the complaints raised during this meeting. Id. at ¶ 190. Following the first Town Hall meeting, Plaintiff David M. Gatens repeated his complaints and the complaints of the other Plaintiffs to county supervisors. Id. at ¶ 190. The second meeting was held on December 10, 2019 with unidentified county supervisors and administrators and the Defendants. Id. at ¶ 192. During this meeting David M. Gatens repeated his complaints regarding the 911 Center, as well as the complaints of the other Plaintiffs. Id. at ¶¶ 193-95. He concluded his remarks by stating that as a county resident he was concerned for the safety of his community due to the negligent and reckless operation of the center. Id. at ¶ 196.

On December 31, 2019, Alvarez-Carril, Plaintiffs and other 911 dispatchers shared a New Year's Eve toast over small cups of eggnog. Id. at ¶ 224. Plaintiffs claim that Gieringer granted permission to Alvarez-Carril to use alcohol for the toast. Id. at ¶ 219. Plaintiffs also claim that prior to the toast, they had observed supervisors and other Lehigh County employees use, possess, or distribute alcohol on county property without any discipline. Id. at 230.

On January 12, 2020, an article appeared in the Morning Call newspaper discussing the newly merged 911 Call Center and dispatch delays following the merger. Id. at ¶¶ 235-236. Plaintiffs contend the complaints raised in the article mirrored their own that were made previously. Id. at ¶ 237. Defendant Molchany was interviewed for the article and commented about the success of the center and his surprise at the dispatch times. Id. at ¶ 241. He also stated that county officials had yet...