790 F. Supp. 2d 377
E.D. Pa.2011Background
- Ruder, an art teacher, has Crohn's disease and requested accommodations since 2004; there were several suspensions and a 2009 leave dispute.
- Marin became principal in 2007; he directed attendance rules and allegedly surveilled Ruder for medical leave.
- Ruder was hospitalized Feb 2009; he alleges the district failed to respond to medical leave requests and returned to work with a medical release.
- RGAL provided medical statements; Bowden allegedly questioned authenticity and RGAL record-keeping allegedly deficient.
- Ruder was suspended March 20, 2009, then indefinitely suspended; June 11, 2009, PVSD terminated his employment.
- Ruder asserts multiple § 1983 claims and related state-law theories including interference with contractual relations, IIED, defamation, intrusion, and civil conspiracy against PVSD and RGAL defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| First Amendment retaliation against PVSD Defendants | Ruder alleges retaliation for counseling a student and online speech and union activity | Speech unclear or not protected; insufficient specificity | Grant leave to amend; partial dismissal of First Amendment claim due to vagueness |
| Equal Protection claim based on disability | Disparate treatment due to disability at times | Disability not a suspect class; need for rational basis | Await more specificity; fourteen days to amend to plead disparate treatment with particularity |
| ADA/PHRA viability | Crohn's disease constitutes a disability; PHRA/ADA apply | Disability not adequately pled; need substantial impairment | Counts II and IV survive; triable issue of fact on substantial impairment exists |
| FMLA interference claim | Employer failed to advise on eligibility for FMLA leave | Not clearly established as to right to information | Count III survives; failure to inform could have impeded exercise of rights |
| Defamation and related immunity (Count VIII) | PVSD/RGAL published false statements about forging a medical note | Statements not defamatory or privileged; PPSTCA immunity possible for officials | Defamation surviving against PVSD; RGAL immunity discussed; claim against high public officials limited; further development needed |
Key Cases Cited
- Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (public employee speech—job-related protection limits)
- Hill v. Borough of Kutztown, 455 F.3d 225 (3d Cir. 2006) (public concerns test for First Amendment retaliation)
- Doe v. County of Centre, 242 F.3d 437 (3d Cir. 2001) (digestion as life activity creating disability under ADA/PHRA)
- Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (public employee speech—job-related protection limits)
- City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (U.S. 1985) (disability classifications require rational basis unless suspect class)
- Abrams v. Port Authority Trans-Hudson Corp., 531 U.S. 356 (U.S. 2001) (disability-related classifications and rational basis considerations)
- Foraker v. Chaffinch, 501 F.3d 231 (3d Cir. 2007) (petitioning rights protections in employment context)
- Gordon v. Tucker?, 577 Pa. 598, 848 A.2d 1134 (Pa. 2004) (illustrative defamation context in Pennsylvania)
- O'Donnell v. U.S., 891 F.2d 1079 (3d Cir. 1989) (intrusion upon seclusion—intentional intrusion requires permission awareness)
- Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (public employee speech limits)
- Doe v. County of Centre, 242 F.3d 437 (3d Cir. 2001) (major life activity for disability determinations)