Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

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1 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA EILEEN M. CONROY, Plaintiff, vs. PENNSYLVANIA TURNPIKE COMMISSION and JOSEPH BRIMMEIER, GEORGE HATALOWICH, and DOREEN MCCALL in their individual capacities. Defendants. Civil Action No.: COMPLAINT AND NOW comes Plaintiff, Eileen M. Conroy, by and through her attorneys, Ronald D. Barber, Jordan Lee Strassburger and Strassburger McKenna Gutnick & Gefsky, and files her Complaint against the above-named Defendants, of which the following is a statement: Parties 1. Plaintiff, Eileen Conroy, is an adult individual residing at 1311 Lone Pine Court, Steelton, Pennsylvania At all times relevant hereto, Plaintiff was engaged in activities protected under the First Amendment to the United States Constitution. 2. Defendant Pennsylvania Turnpike Commission ( PTC is an independent commission organized and existing under the laws of the Commonwealth of Pennsylvania. 1

2 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 2 of Defendant Joseph Brimmeier is the Chief Executive Officer of the PTC and is involved in all hiring and promotion decisions. He was a member of the administrative and personnel committees that implemented, administered, and enforced hiring and promotion procedures. 4. Defendant George Hatalowich is the Chief Operating Officer of the PTC and is involved in all hiring and promotion decisions. He was a member of the administrative and personnel committees that implemented, administered, and enforced hiring and promotion procedures. 5. Defendant Doreen McCall is the PTC s chief general counsel and was Plaintiff s direct supervisor. Jurisdiction and Venue 6. This action is filed pursuant to 42 U.S.C. 1983, for damages based on violations of Plaintiff s civil rights by Defendants, and pursuant to 42 U.S.C. 1985(3, for conspiracy to deprive Plaintiff of her civil rights. 7. Jurisdiction of this Court is invoked pursuant to 28 U.S.C and 28 U.S.C Venue is proper in this district pursuant to 28 U.S.C. 1391(c. See Eastern Motor Exp. v. Espenshade, 138 F.Supp. 426, (E.D. Pa Background 9. The PTC has a long, infamous history of valuing political connections over merit when making employment decisions. This system, known as the patronage system, is the lifeblood of the PTC. 2

3 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 3 of In fact, in response to the Supreme Court s decision Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990, which held that public employers could be liable under 1983 for making employment decisions based on political factors, the PTC promulgated in 1992 Policy Letter 65 entitled Policy and Procedure for Promoting Employees. 11. More recently, in 2001, the PTC promulgated Policy Number 2.7 entitled Policy and Procedure for Promoting Employees which outlined the procedures the PTC is to use when making personnel decisions. 12. Despite the PTC s superficial attempts to eradicate the political patronage system from its employment practices, the political patronage system still saturates the PTC. 13. From on or about September 14, 2007 until March 19, 2010, Plaintiff was employed by the PTC as an Administrative Secretary. 14. In April 2009, the PTC announced that it had a job opening as a Credit and Collections Supervisor in the finance department ( Credit Position. 15. The Credit Position was not a policy making position and did not require political affiliation. 16. Plaintiff was amply qualified for the Credit Position and was approved by the PTC s human resource department. 17. On April 27, 2009, Plaintiff interviewed for the Credit Position. Following the interview, Plaintiff was informed by one of three members on the interview panel that Plaintiff was the preferred candidate. 3

4 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 4 of Plaintiff was further informed, however, that a person not currently employed by the PTC, Thomas J. Gajewiski, was added to the list of recommended candidates. Mr. Gajewiski was a former County Commissioner of Berks County. 19. Mr. Gajewiski was ultimately chosen for the position, due to his political connections. Upon information and belief, Defendants Brimmeier and Hatalowich imposed their wills to have the politically connected Mr. Gajewiski hired for the Credit Position. 20. Indeed after commencing work, Mr. Gajewiski made his political connections quite known to his fellow PTC employees, often commenting to PTC colleagues about whom he knew, and how he was hired for the Credit Position. 21. While still in a probationary period, Mr. Gajewiski s lack of ability in the Credit Position became apparent, and he was terminated. Among his shortcomings, he could neither type nor use a computer. 22. In addition to the Credit Position, Plaintiff applied for and subsequently was granted interviews for openings in the risk management department, risk claims department, and a managerial position in district 1. She did not receive any job offers for those positions. 23. On or about January 15, 2010, Plaintiff received a subpoena to testify before a statewide grand jury investigating the political patronage system at the PTC. 24. Before testifying, Defendant McCall, Michael McGovern, Esq. and two other attorneys met with Plaintiff. When Plaintiff inquired why she was meeting 4

5 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 5 of 10 with McCall present, McCall assured Plaintiff that McCall not only represented the PTC, but also represented Plaintiff. 25. McCall made these assurances, however, despite the fact that Plaintiff was represented in front of the grand jury by other outside counsel. 26. During the meeting with Defendant McCall and the attorneys, Plaintiff was asked numerous questions similar to the questions she was subsequently asked before the grand jury. In both instances, Plaintiff responded truthfully. 27. On February 22, 2010, Plaintiff testified in front of a grand jury in Pittsburgh, Pennsylvania. 28. Questions to Plaintiff included her knowledge of the employment practices at the PTC, including the Credit Position that Mr. Gajewiski was hired for. Plaintiff was also asked her opinion regarding certain PTC employees, including Defendant McCall. 29. Approximately three weeks after testifying in front of the grand jury, Plaintiff was terminated from the PTC. 30. Upon information and belief, Defendant McCall believed that Plaintiff should be terminated in retaliation for Plaintiff s grand jury testimony, and voiced her wishes to Defendants Brimmeier and Hatalowich. 31. The three individual Defendants thus conspired to have Plaintiff fired in retaliation for her testimony in front of the grand jury. 32. Prior to the retaliation Plaintiff had been an exemplary employee at the PTC. 5

6 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 6 of Subsequent to Plaintiff s termination, and in further retaliation, Defendants wrongfully interfered with Plaintiff s rightful receipt of unemployment compensation. COUNT I 42 U.S.C Failure to Promote Plaintiff v. PTC, Brimmeier, and Hatalowich 34. Plaintiff hereby incorporates the preceding paragraphs as though fully set forth herein at length. Position. 35. Plaintiff was eligible, qualified and willing to be promoted to the Credit 36. The Credit Position was not a position that required any political affiliation or persuasion. Nevertheless, Defendants Brimmeier and Hatalowich saw to it that a politically connected individual, rather than the most qualified candidate, was hired. 37. Political patronage was the motivating factor in hiring Mr. Gajewiski; his termination so soon after beginning employment is testament to his incompetence. 38. As final decision makers, acting under the color of law, Defendants Brimmeier and Hatalowich were in the best position to ensure that the PTC followed the Rutan Court s directive of eradicating politics from non-political employment decisions. 39. As a direct and proximate result of Defendants conduct as set forth above, Plaintiff has sustained damages including, but not limited to: 6

7 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 7 of 10 a. Loss of income and earning capacity; b. Loss of benefits of employment; and c. Emotional Distress. WHEREFORE, Plaintiff, Eileen Conroy, respectfully requests that this Honorable Court enter judgment in her favor and against Defendants compensatory damages, back pay, front pay, punitive damages, together with interest, costs and attorney s fees along with such additional relief as this Court deems fitting and proper. COUNT II 42 U.S.C Retaliation Plaintiff v. All Defendants 40. Plaintiff hereby incorporates the preceding paragraphs as though fully set forth herein at length. 41. Defendants, under color of State law, and in violation of Plaintiff s First and Fourteenth Amendment rights, and in further violation of Section 1983 of the Civil Rights Act, retaliated against Plaintiff for exercising her First Amendment rights to testify in front of a grand jury. 42. As a direct and proximate result of Defendants conduct as set forth above, Plaintiff was wrongfully terminated and has sustained damages including, but not limited to: a. Loss of income and earning capacity; b. Loss of benefits of employment; and c. Emotional distress. 7

8 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 8 of 10 WHEREFORE, Plaintiff, Eileen Conroy, respectfully requests that this Honorable Court enter judgment in her favor and against Defendants compensatory damages, back pay, front pay, punitive damages, together with interest, costs and attorney s fees along with such additional relief as this Court deems fitting and proper. COUNT III Violation of Pennsylvania s Whistleblower Law Plaintiff v. All Defendants 43. Plaintiff hereby incorporates the preceding paragraphs as though fully set forth herein at length. 44. Plaintiff is entitled to protection and relief under Pennsylvania s Whistleblower Law, 43 P.S et seq. 45. Plaintiff s firing was in retaliation for her civic duty to testify in front of the grand jury. 46. The conduct of Defendants as set forth above violates the Pennsylvania Whistleblower Law. 47. The conduct of Defendants as set forth above was willful, intentional, egregious, and designed to cause Plaintiff damages. 48. As the direct and proximate consequence of the Defendants conduct, Plaintiff has sustained damages including: a. Loss of income and earning capacity; b. Loss of benefits of employment; and c. Emotional distress. 8

9 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 9 of 10 WHEREFORE, Plaintiff, Eileen Conroy, respectfully requests that this Honorable Court enter judgment in her favor and against Defendants compensatory damages, back pay, front pay, punitive damages, together with interest, costs and attorney s fees along with such additional relief as this Court deems fitting and proper. COUNT IV Violation of Pennsylvania s Protection of Employment of Crime Victims and Witnesses Statute Plaintiff v. All Defendants 49. Plaintiff hereby incorporates the preceding paragraphs as though fully set forth herein at length. 50. The conduct of Defendants as set forth above violates the Protection of Employment of Crime Victims, Family Members of Victims and Witnesses statute, 18 P.S et seq. 51. The conduct of Defendants as set forth above was willful, intentional, egregious, and designed to cause Plaintiff damages. 52. As the direct and proximate consequence of the Defendants conduct, Plaintiff has sustained damages including: a. Loss of income and earning capacity; b. Loss of benefits of employment; and c. Emotional distress. WHEREFORE, Plaintiff, Eileen Conroy, respectfully requests that this Honorable Court enter judgment in her favor and against Defendants compensatory damages, back pay, front pay, punitive damages, together with 9

10 Case 2:10-cv NBF Document 1 Filed 09/17/10 Page 10 of 10 interest, costs and attorney s fees along with such additional relief as this Court deems fitting and proper. A JURY TRIAL IS DEMANDED Respectfully submitted, STRASSBURGER McKENNA GUTNICK & GEFSKY By: /s/ Jordan Lee Strassburger Ronald D. Barber, Esquire Pa. I.D. No Jordan Lee Strassburger, Esquire Pa. I.D. No Four Gateway Center, Suite Liberty Avenue Pittsburgh, PA ( ( (Fax Counsel for Plaintiff 10

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