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.

Rush v. A Pocono Country Place, Inc.

United States District Court, M.D. Pennsylvania

June 8, 2017

Bryan A. Rush Plaintiff
v.
A Pocono Country Place, Inc., Kurt Cummings and Cassandra Webster

          MEMORANDUM

          Honorable Richard P. Conaboy United States District Court Judge.

         I. Background.

         We consider here Defendants' Motion for Summary Judgment (Doc. 25). Defendants are A Pocono Country Place, Inc., which operates a gated residential community in Monroe County, Pennsylvania, and two individuals, Kurt Cummings and Cassandra Webster, both of whom work for A Pocono Country Place, Inc. The Plaintiff, Bryan Rush, also worked at A Pocono Country Place as a patrol officer before he was fired in March of 2015. The circumstances surrounding Rush's termination are at issue because he alleges that the reasons for which he was fired were pretextual and that he was actually a victim of racial discrimination and/or unlawful retaliation. The parties have briefed the motion and it is now ripe for disposition (Docs. 27, 30, and 33).

         II. Undisputed Facts.[1]

         1. A Pocono Country Place (“Pocono”) is a gated, planned residential community in Tobyhanna, Pennsylvania.

         2. Residents of Pocono pay quarterly fees which cover the cost of, inter alia, a Public Safety Department.

         3. The Chief of Police at Pocono, Defendant Cummings, is an African-American male.

         4. Defendant Cummings has the authority and discretion to hire, fire, and discipline employees of the Pocono Public Safety Department.

         5. The Human Resources Manager at Pocono, Defendant Webster, is an African-American female.

         6. Plaintiff Rush, a caucasian male, is a former patrol officer at Pocono.

         7. During the time Plaintiff Rush worked as a patrol officer at Pocono he was a smoker.

         8. The Public Safety Department at Pocono includes patrol officers.

         9. Patrol officers are responsible for patrolling and maintaining the safety of the Pocono community and, where necessary, seeking the assistance of the regional police in Tobyhanna, Pennsylvania.

         10. Other positions in the Pocono Safety Department include: (1) gate guard; (2) dispatcher; (3) corporal; (4) assistance manager or lieutenant; and (5) public safety manager or chief.

         11. All employees of the Pocono Public Safety Department are subject to and provided copies of (1) the Employee Handbook and (2) the Pocono Policy and Procedure Guide.

         12. Plaintiff Rush was hired as a patrol officer at Pocono on January 15, 2014 and continued to hold this position until his termination on March 20, 2015.

         13. Plaintiff Rush received copies of the Employee Handbook and Policy and Procedure Guide shortly after being hired.

         14. For most of the time Plaintiff Rush was employed at Pocono, Defendant Cummings was Chief of the Public Safety Department.

         15. The Employee Handbook sets forth a policy dealing with the use of tobacco products by Pocono employees on the work site.

         16. The Employee Handbook explicitly provides in bold type that “Smoking is prohibited in Association vehicles.” 17. The Employee Handbook contains a notification that violations of the smoking policy “may result in disciplinary action, up to and including discharge.” 18. The Policy and Procedure Guide specifically states that patrol officers shall not “smoke or use tobacco products” while on duty.

         19. The Policy and Procedure Guide prohibits patrol officers from engaging in high speed ...


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.