The opinion of the court was delivered by: HERBERT HUTTON, District Judge
Plaintiff William L. Fairfax filed a forty-one page pro se
complaint against the School District of Philadelphia; Paul
Vallas, the CEO of the School District; Andrew Rosen, Chief
Counsel of the School District; Herbert Kaufman, an administrator
in charge of professional personnel for the School District;
Management & Training Corporation ("MTC") and three of its
employees, Alvin Boardly, Mae Stephens, and Kelly Hale.
Presently before the Court are the School District's Motion to
Dismiss for Failure to State a Claim Upon Which Relief Can Be
Granted (Docket No. 8) and Plaintiff's response thereto (Docket
Nos. 12 & 14).
Plaintiff is a former teacher with the School District and has
also worked in the School District's Homebound Program. On December 1, 1988, Plaintiff was bitten on his lower left leg by a
dog while working in the Homebound Program. The next day,
Plaintiff submitted a Serious Incident Report to the School
District. Plaintiff claimed that the school principal gave him
personal illness cards to be completed instead of marking his
absence as an employment injury in violation of Workers'
Compensation procedures. Plaintiff also claimed that the School
District failed to provide "placards" that informed employees to
refer to Workers' Compensation procedures for injuries on the
Plaintiff next asserts that he was coerced into returning
prematurely to work without medical clearance on February 7,
1989. Plaintiff worked until May 7, 1989 when pain forced him to
again leave work. Plaintiff claims that the School District then
withheld his pay and that, after a Workers' Compensation hearing,
the School District was ordered to reinstate his compensation.
See May 30, 1991 Order from Martin Burman, Pl.'s Ex. K. In
October 1991, Plaintiff apparently entered into a third party
settlement agreement with the School District for the amount of
$100,500. As part of the agreement, the School District's net
recovery of the Workers' Compensation lien was approximately
$27,000. Plaintiff alleges that the lien amount was determined
without a hearing.
Over the next several years, Plaintiff pursued various claims
against the School District. In 1992, the Honorable Raymond
Broderick dismissed Plaintiff's suit against inter alia the
School District and Kaufman, which arose out of Plaintiff's
Workers' Compensation claims. See Fairfax v. Pascuzzi, No. 92-1638,
1992 WL 346457 (E.D. Pa. Nov. 13, 1992). Judge Broderick also
denied Plaintiff's motion for reconsideration. See Fairfax v.
Pascuzzi, No. 92-1638, 1993 WL 228838 (E.D. Pa. June 28, 1993).
In December 1993, Judge Broderick dismissed Plaintiff's suit
against the School District, its Superintendent, and various
doctors for violations of his civil rights pursuant to
42 U.S.C. § 1983. Specifically, Plaintiff had alleged a conspiracy between
private parties and the Superintendent of the School District to
deprive him of his state Workers' Compensation benefits. See
Fairfax v. Magueri, No. 93-4008, 1993 WL 523675 (E.D. Pa. Dec.
On January 17, 1993, the Philadelphia Court of Common Pleas
granted the School District's motion for summary judgment against
Plaintiff in a suit that alleged discrimination. Three years
later, Plaintiff again brought claims against the School
District, this time alleging race, gender, and disability
discrimination arising from the School District's denial of
Plaintiff's request to return to full service from retirement.
Plaintiff also alleged that the School District's decision to
deny his request was in retaliation for his filing a previous
discrimination complaint against the School District. This Court
granted summary judgment in favor of the School District as to
all of Plaintiff's claims. See Fairfax v. School Dist. of
Phila., No. 96-5914, 1997 WL 256974 (E.D. Pa. May 16, 1997).
In the meantime, in December of 1995, Plaintiff found employment with MTC. He was terminated in August of 2000.
Plaintiff alleges that the School District conspired to have him
removed from his job with MTC in retaliation for his previous
litigations with the School District.
After his termination from MTC, in January 1, 2002, Plaintiff
began to work as an investigator of discrimination complaints at
the Pennsylvania Human Relations Commission ("PHRC"). Plaintiff
was terminated on July 1, 2002 for unsatisfactory performance.
Plaintiff alleged that his termination was the result of age,
race, and gender discrimination. In a hearing held on January 8,
2003, Plaintiff settled the matter with the PHRC.
On October 16, 2003, Plaintiff initiated the instant lawsuit,
alleging various civil rights and due process violations for the
Defendant's handling of the 1988 dog bite incident. In an
exceedingly sparse brief, the School District now moves to
dismiss all the claims pursuant to Fed.R.Civ.P. 12(b)(6).
Federal Rule of Civil Procedure 12(b)(6) provides that a court
may dismiss a complaint "for failure to state a claim upon which
relief can be granted." The purpose of a Rule 12(b)(6) motion is
to test the legal sufficiency of the complaint. See Holder v.
City of Allentown, 987 F.2d 188, 194 (3d Cir. 1993). When
considering a 12(b)(6) motion, the Court must accept as true all
facts alleged in the complaint and any reasonable inferences that
can be drawn from them. See, e.g., H.J. Inc. v. Northwestern
Bell Tel. Co., 492 U.S. 229, 249-50 (1989); Doe v. Delie, 257 F.3d 309, 313 (3d
Cir. 2001); Lake v. Arnold, 232 F.3d 360, 365 (3d Cir. 2000).
Claims by pro se litigants may be dismissed only "if it appears
beyond doubt that the plaintiff can prove no set of facts in
support of his claim which would entitle him to relief."
McDowell v. Delaware State Police, 88 F.3d 188, 189 (3d Cir.
1996); see Conley v. Gibson, 355 U.S. 41, 45-46 (1957).
Further, pro se litigants must "abide by the Federal Rules of
Civil Procedure and when confronted by motions to dismiss must
articulate reasons why the motions should not be granted."
Nanya-Nashut ex rel Kevin Hand v. Bank One, National Association
Trustee, No. 03-4022, 2003 WL 22120263, at *2 (E.D. Pa. Sept. 9,
2003) (Kelly, S.J.) (citations omitted).