The Scranton School District seeks dismissal of a lawsuit a teacher filed against the district and its former superintendent, Alexis Kirijan, arguing evidence clearly shows an incident at a church that led to the lawsuit was a personal matter and not related to Kirijan’s position.
Steve Bartnicki filed the federal lawsuit last year, alleging Kirijan asked a priest to bar him from reading at Mass at St. Ann Maronite Church in retaliation because he openly criticized her job performance. He also alleges Kirijan kept him from teaching an honors class and stopped him from being appointed as a soccer coach. Kirijan resigned in August.
The district’s attorney, Jennifer Menichini of Scranton, said evidence shows Kirijan asked only that Bartnicki not read at one Mass that was dedicated to her deceased father because she felt it was not appropriate given Bartnicki’s feelings toward her. She never requested he be banned from reading at other Masses or attempted to interfere with his volunteer activities at the church in any other way, Menichini said.
Bartnicki’s suit seeks damages from the district for defamation and violations of his First Amendment right to free speech.
To prevail on a First Amendment retaliation claim, a plaintiff must present evidence to show a person took action against them to punish them. Menichini said evidence shows Kirijan had a legitimate, non-retaliatory reason for asking that he not read at the Mass and that request was not related to her job. She notes Bartnicki read at the Mass despite Kirijan’s request.
“Plaintiff made comments about Dr. Kirijan personally which hurt her feelings and based upon those comments, she did not believe that he should be saying a Mass for her dead relatives,” Menichini says.
Menichini contends Bartnicki also presented no evidence that Kirijan played any role in the decision not to appoint him to the honors class or coaching position. Other school officials made those decisions without her input, she says.
Bartnicki’s attorney, Cynthia Pollick of Pittston, will have an opportunity to respond to the motion. A judge will issue a ruling at a later date.
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