William J. McPartland

We obtained summary judgment on behalf of two school districts in a matter brought by various plaintiffs against the Career and Technology Center of Lackawanna County (CTC) and four of its sending school districts. The plaintiffs had asserted claims under Title IX, the 14th Amendment, and Section 8542(b)(9) of the Pennsylvania Political Subdivision Tort Claims Act based on their sexual abuse by an automotive technology instructor at CTC.

We obtained summary judgment in a First Amendment retaliation claim where the plaintiff, an employee of the Borough, alleged that she was terminated by the president because of her affiliation with the minority of the supervisors. In granting summary judgment, the court found that the statements of one council member cannot constitute a policy of the council, unless she is delegated authority by the entire board. Summary judgment was entered in favor of the individual board member, as she did not have the authority to fire the plaintiff without approval from the majority of the board.

We achieved a defense jury verdict in a 4th Amendment civil rights trial in the U.S. District Court for the Middle District of Pennsylvania. The plaintiff alleged that two officers of our Northeastern Pennsylvania Police Department client used excessive force to transfer him from the police station’s processing room to a holding cell.

The plaintiffs filed a complaint stemming from the school district’s alleged violation of Section 504 of the Rehabilitation Act. Defense counsel prepared a F.R.C.P. 12(b)(6) motion to dismiss, arguing that the plaintiffs’ pleadings were insufficient to show that the student was disabled under the Act, that the district did not discriminate against the student, and that an isolated incident or comment from one teacher does not impart liability in violation of Section 504. The motion was first evaluated by a U.S.