MEMORANDUM
Pending before this Court is a Motion to Dismiss Plaintiffs Complaint filed by all
I. BACKGROUND
This action arises out of the termination
On June 19, 2014; Plaintiff was summoned to a meeting with Defendant Kelley, District Superintendent, but was given no advance notice as to the purpose of the meeting. Id. ¶25. Following the meeting
Several months later, in October 2014, Defendant Kelley was arrested in' New York for aggravated DUI and for -leaving the scene of a property damage accident. Id. ¶ 36. The Shikellamy -school board
As a result of the letter and her subsequent termination, Plaintiff alleges that she has suffered damages to her reputation, and that her ability to continue to be employed as an elementary school principal has been impaired. Id. ¶ 39. She has, moreover, suffered damages in the form of loss of income, employment benefits, and the inability to obtain another position with another school district. Id. ¶ 40. Because she alleges that the actions of the Defendants were “outrageous, extremely offensive and intentional and discriminatory,” and that they “were performed with malicious, reckless indifference, and/or wanton, disregard of Plaintiff’s civil rights,” she seeks aii award .of punitive damages. Id. ¶ 41-42, 46, 49, 55, 66. . .
II. LEGAL STANDARD
When considering a motion to dismiss under Federal Rule of' Civil Procedure 12(b)(6), a court must view alb allegations stated'in the complaint as true and construe all inferences in the light most favorable to plaintiff. See Hishon v. King & Spalding,
A complaint should only be dismissed if, accepting as true all of the allegations in the amended complaint, plaintiff has not pled enough facts to state a claim to relief that is plausible on its face. See Bell Atlantic Corp. v. Twombly,
“In considering a Rule 12(b)(6) motion, we must be mindful that federal courts require' noticé pleading, as opposed to the heightened standard of fact pleading.” Hellman v. Kercher, No. 07-1373,
The failure-to-state-a-elaim standard- of Rule 12(b)(6) “streamlines, litigation by dispensing with needless discovery and fact-finding.” Neitzke. v. Williams,
III. DISCUSSION
A. Count I Procedural Due Process
Defendants initially argue that Plaintiff has not pled a procedural due process claim for several reasons. First, they contend that she did not request a hearing, as required under Pennsylvania law governing the dismissal of school district employees, and therefore she cannot allege that her failure to receive one was in violation of her procedural due process rights. Moreover, they argue, contrary to her assertions of constructive discharge, she actually resigned from her position and, accordingly, Defendants did not deprive her of her rights. Finally, Defendants argue that Plaintiffs conduct was tantamount to “immoral behavior” under Pennsylvania law and thus there was cause to dismiss her.
Plaintiff responds that she did have a constitutionally protected property interest in continued public employment pursuant to 24 P.S. § 11-1122, and that one DUl does not constitute an act of immorality sufficient to trigger the provisions of that law. Furthermore, she asserts that she had a protected liberty interest in her reputation which was violated when Defendants terminated her employment for allegedly engaging in conduct of intemperance, immorality and moral turpitude. Finally, she avers that she was denied her pre- and post-termination due process rights to sufficient notice and a hearing.
To begin with, § 1983 is not a source of substantive rights; rather, it merely provides a remedy for -violations of constitutional rights. See City of Oklahoma City v. Tuttle,
1. ■ Property Interest in Continued Employment
“Property interests, of course, are not created by the Constitution. Rather they are created and their dimensions aré defined by existing rules or understandings that stem from an independent source' such as state law-rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.” Bd. of Regents of State Colleges v. Roth,
‘'Plaintiff alleges that she had a statutorily defined property interest in her continued employment as a professional employee under 24 P.S. § 11-1122. That section of the Public School Code of 1949 (hereinafter, the “School Code”) provides, in pertinent part, “The only valid causes for termination of a contract heretofore or hereafter entered into with a professional employee (sic) shall be [certain enumerated causes].” 24 P.S. § ll-1122(a). Plaintiff qualifies as a professional employee pursuant to 24 P.S. § 11-1101(1) (“The term ‘professional employe (sic)’ shall include those who are certifícatéd as ... principals____”). Plaintiffs argument regarding the applicability of § 11-1122 appears to rely solely on her status as a professional employee; however, Plaintiff fails to recognize that pursuant its explicit wording, this section of the School Code applies only to professional employees who are under contract with the School District.
Next, the Court must assess whether Plaintiff was deprived of that property interest. Defendants characterize Plaintiffs exit from her position as a voluntary resignation; Plaintiff, on the other hand, portrays her departure as one in which she was forced to resign and did so under protest, in a manner effectively amounting to a constructive discharge.
Employee resignations and retirements are presumed to be voluntary. This presumption remains intact until the employee presents evidence to establish that the resignation or retirement was involuntarily procured. If an employee retires of his own free will, even though prompted to do so by some action of his employer, he is deemed to have relinquished his property interest in his continued employment for the government and cannot contend that he was deprived of his due process rights. ■
Leheny v. City of Pittsburgh, 183' F.3d 220, 227 (3d Cir.1999). The United States Court of Appeals for the Third Circuit has further articulated that there are two circumstances in which an' employee’s resignation will be considered involuntary, that is: “(1) when the employer forces the resignation or retirement by coercion or duress, or (2) when the employer obtains the resignation or retirement by deceiving or misrepresenting a material fact to the employee.” Id', at 228. 'Since Plaintiff has alleged nothing to the effect that Defendants deceived her or misrepresented a material fact to' procure her resignation, this Court interprets her complaint to allege that she was forced to resign under coercion or duress and will analyze it accordingly.
In determining whether a resignation was procured involuntarily due to coercion or duress, courts have considered several factors, including: (1) whether the employee was presented with an alternative to resignation; (2) whether the employee understood the nature of the choices she was given; (3) whether the employee had a reasonable time to choose; (4) whether the employee was permitted to select. the effective date of resignation; and (5) whether the employee had the advice of counsel. See O’Connell v. County of Northampton,
Finally, Plaintiff must also allege that her deprivation occurred without due process of law. Pursuant to Cleveland Bd. of Educ. v. Loudermill, an essential principle of due process- is that a deprivation of life, liberty or property be preceded by notice and .an opportunity for a healing.
2. Liberty Interest in Reputation
Plaintiff also asserts a liberty interest in her reputation, of which she was deprived when Defendants terminated her employment because they claimed she had engaged in conduct of intemperance, immorality, and moral turpitude. . Defendants do not respond to this argument. Effectively, Plaintiff is asserting a violation of her procedural due process rights based on a “stigma-plus” theory.
The United States Supreme Court has held that an individual has' a protected interest in his or her reputation. See Wisconsin v. Constantineau,
In this case, Plaintiff alleges that she was discharged for failing to notify the school district about the possibility that she would be charged with a DUI. She attaches to her complaint the above-referenced letter from Defendant Kelley in which he characterizes her actions as ones involving immorality, intemperance, .and moral turpitude. It is these characterizations to which she appears to take issue. However, Plaintiff has not alleged that these statements, which were sent to her in private letter from Defendant Kelley, were made public as required to state a deprivation of a liberty interest. See Chabal v. Reagan,
B. Count II Substantive Due Process
Defendant next argues that Plaintiffs claim for violation of her substantive due process rights must be dismissed for two reasons. First, they contend that the right to hold public employment is not a fundamental right and therefore not protected by substantive due process. Additionally, they argue that the conduct alleged could not possibly shock the conscience. Plaintiff responds only to -.the latter contention, arguing that ‘a reasonable fact-finder could conclude that Defendants’ conduct, as alleged, shocks the conscience and that she should be entitled to discover additional facts in support of her claim.
To prevail on a substantive due process claim challenging a state actor’s conduct, “a plaintiff must establish as a threshold matter that he has a protected property interest to which the Fourteenth Amendment’s due process protection applies.” Nicholas v. Pennsylvania State Univ.,
With regard to'the case at bar, the Third Circuit has explicitly determined that public employment is not a .fundamen
Moreover, to the extent Plaintiffs substantive due process claim rests on reputa-tional injury that decreased her ability to earn a living, it also fails.
C. Count III Equal Protection
Defendants next argue that Plaintiffs equal protection claim must be dismissed because she has failed to demonstrate facts sufficient to establish that she was treated differently from “similarly situated individuals.”. Rather, they argue, despite Plaintiffs’ attempt to classify Defendant Kelley as such, he is not a similarly situated individual because he holds a completely different position. Plaintiff counters that the parties need not be identical, but rather must only be alike in all relevant respects. Moreover, she argues, determining whether an individual is “similarly situated” to another is a highly factual inquiry which is inappropriate at the motion to dismiss stage.
The Fourteenth Amendment “requires that all persons ... shall be treated alike, under like circumstances and conditions, both in the privileges conferred and in the liabilities imposed.” Hayes v. Missouri
D. Count IY Breach of Contract
Defendant also argues that Plaintiffs claim for breach of contract must be dismissed because Plaintiff has failed to identify the nature and extent of her alleged contractual relationship with Defendants, its essential terms, and what specific terms Defendants may have breached. In her response, Plaintiff appears to rest her breach of contract claim on one of two possibilities: ' (1) an implied contract between her and the Defendants and/or (2) a statutorily obligated contractual relationship stemming from § 11-1122 of the Public School Code.
To plead a cause of action for breach of contract, a plaintiff must establish: (1) the existence of a contract, including its essential terms; (2) a breach of a duty imposed by that contract; and (3) resultant damages. See CoreStates Bank, N.A. v. Cutillo,
As explained previously, Plaintiff has failed to allege the existence of an employment contract separate and apiart from the application of Pennsylvania statutory law; she has also failed to specifically plead its esseiitial terms. The existence of a contra6t is the preeminent element of a breach of contract claim, without which Plaintiff’s claim must fail. Importantly, the existence of a Pennsylvania statute which provides for termination of public school employees only for specific causes does not create a contract between Plaintiff and her employer, the School District. If Plaintiff believes that Defendants have acted in contravention of that mandate, her remedy is statutory; she cannot claim a contractual remedy where there has been no actual contract.
Furthermore, to the extent Plaintiff attempts to aver in her brief that there was an implied contract of employment between her and the School District, this argument also fails. “The general rule in Pennsylvania is that employment is at-will unless there is a statutory or contractual provision to the contrary.” Wallett v. Pennsylvania Turnpike Cdmm’n,
Courts have found additional consideration sufficient to. overcome the at-will presumption when the employee “affords his employer a substantial benefit other than the services which the employee is hired to perform, or when the employee undergoes a substantial hardship other than, the services which he is hired to perform.” Jones v., Flaster/Greenberg P.C., Civil Action No. 13-2771,
Although generally the issue of whether parties intended to create an implied contract would be an issue for the finder of fact, see DiBonaventufa v. Consolidated Rail Corp.,
E. Punitive Damages
Defendant argues that Plaintiffs claim for punitive damages must be dismissed because Plaintiffs complaint is devoid of any allegations of outrageous conduct by the Defendants to warrant the imposition of punitive damages. Plaintiff responds that she has set forth sufficient allegations to entitle her to request punitive damages, specifically, that Defendant Kelley and the school board as a whole acted with evil motive and intent when terminating her. She argues further that they recklessly disregarded the severe consequences of their actions in that their decision deprived Plaintiff of her means of livelihood and disparaged her reputation. •
Punitive damages are available in .a proper case asserted pursuant to § 1983. See Smith v. Wade,
However, this standard applies only to defendants sued in their individual capacities; neither municipalities nor defendants sued in their official capacities can be liable for punitive damages. See City of Newport v. Fact Concerts, Inc.,
However, Plaintiff has also asserted claims against the individual Defendants in their individual capacities. Con-sequehtly, the Court must determine whether Plaintiff has adequately pled her multiple requests for punitive damages. It is well settled in Pennsylvania- jurisprudence that.“[p]unitive damages will not be assessed for a breach of mere contractual duties. Only where the person who breaks a contract also breaches some duty imposed by society will compensatory or punitive damages be imposed against the wrongdoer in order to punish the wrongful act and in order to serve as a deterrent.” Daniel Adams Associates v. Rimbach Publishing Inc.,
However, as explained above, punitive damages are available in á proper case asserted pursuant to § 1983 when the defendant’s conduct is, at a minimum, reckless or callous. See Wade,
F. Defenses of Individual Defendants
1. Redundancy
Defendants next argue that this Court should dismiss all claims against the individual defendants asserted in their official capacities because'such claims are redundant of the claims asserted against the School District. They contend’ that the law is clear that such parties must be dismissed from the action. Plaintiff responds thát redundancy is nót a proper basis for dismissal under Federal Rule of Civil Procedure 12(b)(6). Moreover, she contends, dismissal' is discretionary and in this case naming the individual Defendants in their official capacities would not unnecessarily confuse the issues or clutter the case. In their arguments, both parties appear to assume that the claims are only asserted against the individual Defendants in their official capacities, rather than in their individual capacities.
Section 1983 lawsuits against individuals in them official capacities “represent only another way of pleading an action against an entity of which an officer is an agent.” Kentucky v. Graham,
Because official capacities suits are just another way of suing the entity itself, many courts in this and surrounding districts have held that claims asserted against individual defendants in their official capacities are redundant if the plaintiff has also sued the entity. See, e.g., Markovich v. Panther Valley School Dist., Civil Action No. 3:13-3096,
Before doing so, however, this Court must address Plaintiffs-argument that redundancy is not a proper basis for dismissal under Federal Rule of Civil Procedure 12(b)(6). Plaintiff cites to only one case from the Eastern District of Pennsylvania in support of her argument, Coffman v. Wilson Police Department, In that case, the court held that a Rule 12(b)(6) motion does not address the.redundancy of claims; it only questions their validity.
Be that as it may,' despite Plaintiffs failure to make the argument in her brief, she has in fact sued each individual Defendant in both their individual and official capacities. Moreover, in her complaint she avers that at all times relevant, “Defendants were acting under color of law and color of their authority as officials of Shikellamy School District.” She goes on to detail the specific actions that the individuals took which contributed to her constitutional injury. Though the Court’ today undertakes' to dismiss all claims against the individual Defendants in their official capacities, at this stage of the litigation it cannot similarly dismiss all claims against them in their individual capacities on this basis. Accordingly,, this Court will dismiss all claims asserted against the individual Defendants in their official capacities as duplicitous of the claims asserted against the school district.
2. High Public Official Immunity
Defendants also argue that 'the claims asserted by Plaintiff against the individual Defendants must be dismissed because these individual Defendants 'enjoy high public official immunity. Plaintiff responds first that the doctrine of high public official immunity does not apply to cases under § 1983 or breach of contract cases. Moreover, she contends, even'if it did it would not apply to the instant action where the conduct of Defendants fell outside the scope of their official authority.
Pennsylvania recognizes a doctrine of absolute immunity for high public officials. See Lindner v. Mollan,
However, all of these enumerated claims for which high public officials are entitled to absolute immunity under Pennsylvania law: are tort claims. See Kane v. Chester County Dept. of Children, Youth and Families,
3. Qualified Immunity
Finally, the individual Defendants argue that they are entitled to qualified immunity on Plaintiffs’ claims because it would not be unreasonable for the, school board members or superintendent to believe that it is lawful to ask for the resignation of a principal who was faced with possible prosecution for DUI, and who failed to disclose the severity of her conduct to the School District because a principal is in a position of respect and authority and should be a positive role model for students. Thus, they contend, Defendants were riot violating a clearly established statutory or constitutional right when they asked for Plaintiffs resignation. Plaintiff responds, in pertinent part, that she had a constitutionally protected property interest in continued employment and could only be terminated for cause, and upon notice and hearing, of which a reasonable person would be aware.
In determining whether a defendant is entitled to the protections of qualified immunity, courts employ a two-part test. First, the court must consider whether the facts .that the plaintiff has demonstrated make out a violation of a constitutional right. See id.,
Defendant argues primarily that the rights at issue were not clearly established. In determining whether a constitutional right was clearly established, a broad and generalized, declaration that a clearly established federal right was violated is insufficient. See Anderson v. Creighton,
It is has often been assumed - in the Third Circuit, without, much comment, that if an employee is constructively discharged, he is entitled to certain due process- protections, including a pre-discharge hearing. t See Hill, 455 F,.3d at 245-46 (holding,. on a motion to dismiss, that Plaintiff had sufficiently stated a claim for
Moreover, the law on what constitutes a constructive discharge is even less clearly established,'given the increasingly ■ divergent situations in which employees have claimed or established constructive discharge. As far as this Court can discern, Plaintiff here rests her allegation of constructive discharge on the shortage of time that she was given to think about and respond to Defendant Kelley’s request for resignation. At the same time, though Defendant Kelley provided Plaintiff with less than twenty-four (24) hours in which to determine whether she wanted to resign to procure a neutral reference, he also provided her with the reasonable alternative of foregoing resignation and allowing Defendants to issue a written statement of charges for dismissal. Pl.’s Complaint, Ex. A. Hé also informed her that these charges might result in an impact upon Plaintiffs status with the Department' of Education. Id.
Plaintiff has cited to no law which would demonstrate that in such a situation it was clearly established that Defendants must have provided her with a hearing prior to her resignation, and this Court has found none that are factually similar, particularly considering Defendants’ offer of a reasonable alternative to her resignation. In fact, the relevant case law would tend to suggest otherwise. See, e.g., Caruso v. Superior Court of Delaware, Civ. Action No. 12-277-GMS-CJB,
Accordingly, this Court holds that it is not a clearly established deprivation, for the purposes of procedural due process, to offer Plaintiff two alternatives— resignation with a neutral reference or dismissal charges with whatever negative consequences that might ensue — even though she was given little time to make her decision. A reasonable school board official in that situation would not' know, especially without any case law on point, that it was unlawful to request Plaintiffs resignation in the face of such a reasonable alternative.
In accordance with the foregoing reasoning, Defendants’ Motion to Dismiss is granted in part and denied in part. With respect to Plaintiffs procedural due process claim in Count I, to the extent it is predicated on her property interest in her job as codified by 24 P.S. § 11-1122 or upon Plaintiffs liberty interest in her reputation, Defendants’, motion to dismiss is granted without prejudice, with leave to amend in accordance with this Court’s decision. However, to the extent Plaintiffs procedural due process claim is predicated on her property interest in her job as codified by 24 P.S. § 5-514, Defendant’s motion to dismiss is denied. -In addition, Defendants’ motion to dismiss is granted with prejudice with respect to Plaintiffs substantive due process and equal protection claims in Counts II and III. Moreover, Defendants’ motion to dismiss is granted with respect to Plaintiff’s breach of contract claim in Count IV without prejudice with leave to amend in accordance with the Court’s decision. Finally, Plaintiffs claims for .punitive damages are dismissed as against the School District and the individual Defendants to the extent they are sued in their official capacities.
With regard to the defenses of the individual Defendants, Defendants’ request that the claims against the individual Defendants in their official capacities be dismissed on the basis of redundancy is granted. Their request for high public official immunity is denied. Finally, the individual Defendants are granted qualified immunity and accordingly dismissed from the instant action.
ORDER
AND NOW, in accordance with the memorandum of this same date, it is HEREBY ORDERED THAT:
1. Defendants’ Motion to Dismiss (ECF No. 7) is GRANTED in part and DENIED in part.
2. With respect to Plaintiffs procedural due process claim in Count I, to the extent it is predicated on her property interest in her job as codified by 24 P.S. § 11-1122 or upon her liberty interest in her reputation, Defendants’ motion to dismiss is GRANTED without prejudice, with leave to amend in accordance with this Court’s decision.
3. However, to the extent Plaintiff’s procedural due process claim in Count I is predicated on her property interest- in her job as codified by 24 P.S. § 5-514, Defendants’ motion to dismiss is DENIED.
4. Defendants’ motion to dismiss is GRANTED with prejudice with respect to Plaintiffs substantive due process and equal protection claims in Counts II and III.
5. Moreover, Defendants’ motion to dismiss is GRANTED with respect to Plaintiffs breach of contract claim without -prejudice with leave to amend in accordance with this Court’s decision.
6. Furthermore, Defendants’ motion is GRANTED with regard to Plaintiffs claims for punitive damages, to the extent they are asserted against the School District and the individual Defendants in their official capacities.
7. With regard to the individual defenses, Defendants’ request that the claims against the individual Defendants in their official capacities be dismissed on the basis of redundancy is GRANTED.
'8. However, their request for high public official immunity is DENIED. -
Notes
. Although Plaintiff actually resigned from her position, she alleges that she was forced to do so under protest and was therefore constructively discharged. Pl.’s Complaint ■¶ 27-28. Accordingly, she uses the term termination, rather than resignation, as Defendants call it, throughout her complaint. In this section of the Memorandum opinion, the Court will utilize the word that Plaintiff employs in her complaint.
. Plaintiff’s complaint alleges that she was given this letter upon arrival at the meeting. Pl.’s Complaint ¶ 26. However, Defendant • Kelley explicitly states in his letter, attached to her complaint as Exhibit A, that he was "writing this letter to [Plaintiff] following [their]. meeting on this date in [her] office.” Pl.’s Complaint Exhibit A.
. As will be discussed within the opinion, the Court is unclear as to how this argument negates Plaintiff's procedural due process claim,
. Though she alleges that she was not afforded post-termination rights in violation of procedural due process, nowhere in her brief or her complaint does Plaintiff explain in what way she was denied any post-termination due process rights.
. Moreover/ pursuant to 24 P.S. §11-1121(a), all contracts with professional employees must be "in writing, in duplicate, and shall be executed on behalf of the board of school directors by the president and secretary and signed by the professional employee.”
. Notably, it is possible that, despite Plaintiff's position as a professional employee, she was not under contract.. Specifically, 24 P.S. § 11 — 1121(b)(2) states, "Each board of school directors in all school' districts shall hereafter enter into contracts, in writing, with each professional employe (sic) initially employed by a school district, on or after June 30, 1996, who has satisfactorily completed three (3) years of service in any school district of this Commonwealth.” According to her complaint, Plaintiff was employed as principal from October 2011 to June 2014, just under the three years after which an employment contract is statutorily mandated.
. Both parties articulate arguments regarding whether Plaintiff was properly terminated for the enumerated causes. However, this is not relevant to Plaintiffs procedural due process claim because the issue is not whether Defendants followed the dictates of either §11-1122-or § 5-514; rather, the issue is whether Defendants afforded her with due process of law in doing so.
. Although Defendant argues that Plaintiff was entitled to a hearing if she requested one, which she did not do, the application of that provision of § 5-514 becomes muddled given Plaintiff's assertion that she was given'only one day in which to resign and was therefore effectively discharged. That is, it is unclear to this Court when, given the alleged constructive discharge, Plaintiff would have had the opportunity to request a hearing. Nevertheless, Loudermill requires that an employee with a property interest in her employment be given the opportunity for a hearing. Accordingly, in the instant case, insofar as Plaintiff was constructively discharged pursuant to the terms alleged, it is clear that she had no legitimate opportunity to request such a hearing.
. Notably, the letter from Defendant' Kelley states that if Plaintiff resigned immediately, which she did, he would offer a neutral reference in the future.
. Though Plaintiff has not necessarily made this argument in her brief in opposition, the Court finds it appropriate to address the issue given Plaintiff’s reliance on it with regard to her procedural due process claim.
. Because the Court grants Defendants' motion on the grounds that Plaintiff’s property interest in her employment is not tantamount to a fundamental right under the Constitution, the Court need not address the parties’ arguments regarding whether the conduct alleged can be said to shock the conscience.
. Moreover, Plaintiff has not even included this theory it in her complaint. Rather, she relies solely on her brief in opposition for this argument.
. The Court notes, however, that because this Court simultaneously dismisses the individual Defendants from this action on the basis of qualified immunity, Plaintiff's claims for punitive damages' are also effectively dismissed.
. Plaintiff :has made other arguments per-taming to her other constitutional claims, in-
. The Court by no means intends to foreclose the possibility that at a later stage of the proceedings the finder of fact may determine that the circumstance of Plaintiff’s resignation amounts to a constructive discharge. Rather, the Court now holds only that it would not be clear to reasonable school board officials in the situation confronted that their conduct was unlawful.