Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Edward Spangler and Donna Jaconi v. City of Philadelphia

May 21, 2012

EDWARD SPANGLER AND DONNA JACONI,
PLAINTIFFS,
v.
CITY OF PHILADELPHIA, DANIEL CASTRO, AND JACK FEINMAN, DEFENDANTS.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

MEMORANDUM

TABLE OF CONTENTS

I. INTRODUCTION.............................................. 2

II. BACKGROUND................................................ 3

A. Lieutenant Edward Spangler........................... 3

B. Police Officer Donna Jaconi.......................... 7

III. PROCEDURAL HISTORY....................................... 13

IV. LEGAL STANDARD........................................... 15

V. DISCUSSION............................................... 17

A. Spangler's Claims of Unlawful Retaliation........... 17

1. Protected Activity............................. 19

a. Spangler's opposition to perceived discrimination against Baker................... 20

b. Spangler's opposition to perceived discrimination against Jaconi.................. 22

c. Spangler's participation in investigations . 23

2. Adverse Action................................. 24

3. Causal Connection.............................. 28

B. Jaconi's Claims of Unlawful Discrimination and Retaliation.............................................. 30

1. Race and Sex Discrimination.................... 30

a. Time-off requests .......................... 32

b. Moving conference table, office furniture, and boxes.......................................... 32

c. Overtime pay for training .................. 33

d. Signing off duty early ..................... 34

e. Emergency vacation request ................. 34

f. Internal affairs investigation ............. 35

g. Allegations against Feinman ................ 36

h. Remaining allegations ...................... 37

2. Retaliation.................................... 38

C. Claims Against City................................. 40

VI. JUDGMENT INDEPENDENT OF THE MOTION....................... 41

VII. CONCLUSION............................................... 41

I.INTRODUCTION

Edward Spangler and Donna Jaconi (collectively, "Plaintiffs"), former and current employees, respectively, of the Philadelphia Police Department ("PPD"), bring this employment-discrimination action against Captain Daniel Castro, Lieutenant Jack Feinman, and the City of Philadelphia ("the City"). The City and Feinman move for summary judgment in their favor on all counts. For the reasons that follow, the Court will grant the Motion.

II.BACKGROUND

Spangler and Jaconi allege unlawful discrimination under separate, but related, circumstances. The facts relating to each are stated as follows.*fn1

A. Lieutenant Edward Spangler

Spangler is a white male. Am. Compl. ¶ 8, ECF No. 6.

PPD employed Spangler from 1987 to March 4, 2009. Spangler Dep. 9:16-18, 12:21-22, Aug. 18, 2011. Spangler joined PPD's Crime Scene Unit ("CSU") as the commanding officer in February, 2006. Id. at 28:14-29:20.

In March, 2007, Spangler refused to add negative comments to a performance evaluation for Sergeant Patricia Baker. Supervisors in the PPD conduct annual evaluations of their direct subordinates. Id. at 33:20-22. As her direct supervisor, Spangler prepared Baker's report, which he then submitted to Castro. Id. at 33:23-34:03. Spangler gave Baker satisfactory marks in all areas but also indicated some areas where she needed improvement. Id. Castro disagreed with Spangler's review and instructed Spangler to change the report to indicate her performance was unsatisfactory in certain areas with an overall unsatisfactory performance report. Id. at 34:5-9. Castro represented to Spangler that Baker had submitted untimely suspense date reports and had failed to submit reports on other occasions. Id. at 37:6-8.

Spangler told Castro that "everyone" misses a suspense date "at one time or another" and Castro cannot "pick on one person and say she missed them, if we don't document everybody else that's missed them also." Id. at 38:3-13. Castro replied, "I don't care. I want it changed." Id. at 38:14-15. Spangler also opposed Castro's modification because he did not provide documentation of the missed reports. Id. at 38:16-17. Despite Castro's order, Spangler did not modify the evaluation and ultimately signed an unmodified performance evaluation in the presence of a Fraternal Order of Police ("FOP") representative.*fn2

Id. at 37:9-38:17, 43:22. Thus, Spangler bypassed PPD's chain of command. Id. at 44:1-45:4.

Spangler described an event where Castro was upset with Spangler regarding Castro's administrative aide. The police chief removed Castro's administrative aide from a mandatory summertime street duty list after confirming with Spangler by telephone that the aide suffered from a certain medical condition. Id. at 103:24-104:21. Spangler was not involved in preparing the list of officers for summertime street duty. Id. at 103:11-12. Nevertheless, when the list came out, Castro called Spangler at home on his day off upset that his aide was off of the list in contradiction to his orders and that Spangler took the chief's telephone call without speaking to Castro first. Id. at 104:18-21. And in another instance, Castro "hollered" at Spangler because, while Spangler was on leave for training, an investigator became ill and took two days of leave, leaving the department short-staffed. Id. at 55:1-23.

In May, 2007, Castro increased Spangler's work from about two or three reports per week to almost daily reports. Id. at 68:8-11, 12-14. Furthermore, after Spangler's shift changed to the ten o'clock to six o'clock shift, Castro sometimes assigned a report at three or four o'clock to be due the next day, which caused Spangler to work late and "affected [his] family life." Id. at 68:12-22. Despite this change, Spangler received overtime whenever he worked extra hours, he was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.