Free Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00740-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE : : : v. : : RED CLAY CONSOLIDATED SCHOOL : DISTRICT BOARD OF EDUCATION; IRWIN : J. BECNEL, JR, CHARLES CAVANAUGH, : Civil Action No. ___________ GARY LINARDUCCI, JAMES J. BUCKLEY, : MARGUERITE VAVALA, YVONNE : JOHNSON, MARTIN A. WILSON, SR., : individually and in their official : capacities as members of the Red Clay : TRIAL BY JURY IS DEMANDED Consolidated School District Board of : Education; ROBERT J. ANDRZEJEWSKI, : individually and in his official capacity as : Superintendent of the Red Clay Consolidated : School District; and RED CLAY : CONSOLIDATED SCHOOL DISTRICT, : Defendants. : COMPLAINT JURISDICTION AND VENUE 1. The claims set forth herein arise and are instituted pursuant to 42 U.S.C. §1983 to redress the deprivation by the defendants, acting under color of state law, of a right, privilege and immunity secured to the plaintiff by the Fourteenth Amendment to the Constitution of the United States. 2. This Court has original jurisdiction pursuant to 28 U.S.C. §1331 and §1343(3) and 42 U.S.C. §1983. Declaratory relief is sought under 28 U.S.C. §2201 and 2202. 3. The acts alleged herein were committed within the State of Delaware. THE PARTIES 4. The Plaintiff, Edward A. Biliski ("Biliski"), is a male citizen of the United States and resides in New Castle County, State of Delaware. Biliski was formerly employed as a computer technician by the defendant Red Clay Consolidated School District Board of Education ("Board"). 5. The defendant Board is a "school board" as defined in 14 Del.C. §1041(1) organized and existing under the laws of the State of Delaware, 14 Del.C. §1041, et seq. 6. Defendants Irwin J. Becnel, Jr., Charles Cavanaugh, Gary Linarducci, Martin A. Wilson, EDWARD A. BILISKI, Plaintiff,

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Sr., Marguerite Vavalla, James J. Buckley, and Yvonne Johnson constitute the individual membership of the Defendant Board. 7. Defendant Robert J. Andrzejewski (hereinafter "Superintendent") is the duly appointed Superintendent of the defendant Red Clay Consolidated School District. 8. Defendant Red Clay Consolidated School District ("District") is a "reorganized school district" as defined in 14 Del.C. §1041(1) organized and existing under the laws of the State of Delaware, 14 Del.C. §1041, et seq. 9. At all times referred to herein, the defendants were acting within the scope of their employment and/or were exercising powers conferred on them under color of the laws of the State of Delaware. FACTS COMMON TO ALL COUNTS 10. On or about March 20, 2001, the plaintiff was hired by the defendants Board/District as a computer technician. Plaintiff's employment with the Board/District continued from March 20, 2001 through August 8, 2006. On August 8, 2006, plaintiff was called off his work assignment and directed to go to the District's human resources office. When plaintiff arrived at the office, he met with his immediate supervisor, Ted Ammann ("Ammann") and Debra Davenport ("Davenport"), the District's Manager of Human Resources. 11. At this meeting, plaintiff was given a series of three Memos. Each Memo was from Ammann and was dated August 7, 2006. Copies of these Memos are attached to this Complaint as Exhibit 1, Exhibit 2, and Exhibit 3, respectively. The Memos contained allegations relating to plaintiff's job performance. At the conclusion of the meeting, plaintiff was handed a letter from Davenport dated August 8, 2006. A copy of this letter is attached to this Complaint as Exhibit 4. The letter stated: This letter is a followup to the meeting held today with me and Mr. Ammann. Due to poor work performance, your name will be submitted to the Board of Education for termination. If approved your date of termination will be effective August 11, 2006. 12. Prior to his attending the meeting with Ammann and Davenport on August 8, 2006, plaintiff had no notice that the defendants District/Board intended to terminate his employment and

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had no notice as to the reasons for his termination which might have enabled plaintiff to present his case to any decisionamker prior to his termination. 13. After August 8, 2006 and continuing up to the present time, the plaintiff was not provided with any notice or opportunity to contest the merits of the termination decision with anyone, including the defendants Superintendent, District, or members of the Board. Claims Arising Under 42 U.S.C. §1983 14. Plaintiff realleges Paragraphs 1 through 13 above as if here fully set forth. 15. By virtue of his employment by the Board/District from March 20, 2001 through August 8, 2006, the plaintiff had an expectation of continued employment with the Board/District. 16. The aforesaid expectation of continued employment amounts to a property interest which exists under the laws of the State of Delaware and is subject to the protections afforded by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. 17. The actions of the defendants as set forth in Paragraphs 1 through 13 above amounted to a deprivation of the plaintiff's property right to continued employment in violation of the plaintiffs's right to procedural due process under the Fourteenth Amendment to the Constitution of the United States which is actionable under 42 U.S.C. §1983. Specifically: (1) the defendants failed to provide the plaintiff with any notice or meaningful opportunity to be heard by any decisionmaker prior to his termination on August 8, 2006; (2) the defendants failed to provide the plaintiff with any notice or meaningful opportunity to be heard by any decisionmaker after his termination on August 8, 2006. 18. The acts as described above by defendants Board and District, its agents and employees, were practiced either intentionally or with reckless indifference to the federally protected rights of the plaintiff. 19. As a direct and proximate result of the unlawful conduct of defendants, its agents and employees, plaintiff has been injured and has suffered a loss of income, including back pay and benefits and future earnings and fringe benefits. WHEREFORE, the plaintiff requests that the Court grant relief as follows:

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(a) enter a declaratory judgment that the acts and practices complained of herein were unlawful and violative of the Fourteenth Amendment to the Constitution of the United States and 42 U.S.C. §1983; (b) issue a preliminary and permanent injunction to restore the plaintiff to his former employment and to enjoin the defendants from terminating plaintiff's employment unless the termination procedures employed by the defendants comply with the minimum requirements of procedural due process under the Fourteenth Amendment. (c) order the defendants, individually, and jointly and severally, to make whole the plaintiff, who has been adversely affected by the violation of constitutional rights described herein, by awarding appropriate monetary damages, including but not limited to backpay, future earnings and fringe benefits, and compensation for all other injuries and losses proximately caused by the unlawful acts of the defendants; (d) award plaintiff the costs of the action and his reasonable attorney's fees. (e) grant such other and further relief as the court deems necessary and proper.

/s/ Joseph M. Bernstein JOSEPH M. BERNSTEIN (#780) 800 N. King Street - Suite 302 Wilmington, DE 19801 302-656-9850 302-656-9836 (Fax) E-mail: [email protected] Attorney for Plaintiff Dated: November 30, 2006

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