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Mieczkowski v. York City School District

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 19, 2010

DEBORAH MIECZKOWSKI PLAINTIFF
v.
YORK CITY SCHOOL DISTRICT, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 19th day of March, 2010, upon consideration of the report of the magistrate judge (Doc. 55), recommending that the motion (Doc. 39) for summary judgment filed by defendants York City School District, Deloris Penn, and Tresa Diggs be granted, and upon further consideration of the objections*fn1 (Doc. 60) filed by plaintiff, wherein plaintiff specifically objects to the magistrate judge's consideration of the "issue of salaries"*fn2 and plaintiff's submission of an Alternative Education Report,*fn3 and following an independent review of the record, it appearing that plaintiff's complaint in the above-captioned case alleges that defendants discriminated against plaintiff on the basis of race in that "she was unjustly disciplined, harassed and other [sic] discriminated against on account of her color and race (reverse discrimination)," (Doc. 1 ¶ 1), in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, and under 42 U.S.C. § 1981, and that plaintiff also complains that defendants infringed her right to equal protection under the Fourteenth Amendment by treating her differently than other employees for no rational reason,*fn4 and that plaintiff also alleges that defendants violated her rights under the First Amendment by retaliating against her for requesting counsel during her meeting with the superintendent and the director of human relations for York City School District, (Doc. 1 ¶¶ 51-2), and that plaintiff further complains that defendants violated "Pennsylvania Tort Law" by conspiring to discriminate against her on the basis of race, (Doc. 1 ¶ 57), and it further appearing that defendants contend that summary judgment is appropriate because plaintiff has failed to adduce sufficient evidence to support her claims, and the court concluding that plaintiff's evidence is insufficient to establish the essential elements of her case, see Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 55) is ADOPTED.*fn5

2. Defendants' motion for summary judgment (Doc. 39) is GRANTED.

3. The Clerk of Court is instructed to enter JUDGMENT in favor of defendants and against plaintiff on all claims.

4. The Clerk of Court is directed to CLOSE this case.


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