Dennison v. Pennsylvania Dept. of Corrections.

U.S. District Court

RECORDS

Dennison v. Pennsylvania Dept. of Corrections, 268 F.Supp.2d 387 (M.D.Pa. 2003). A discharged employee sued a state corrections department and co-workers, asserting claims that included violation of Title VII, state human relations laws, wrongful discharge, and violation of a state whistleblower law. The district court granted summary judgment in part, and denied it in part. The court held that the employee's termination for distributing confidential inmate records to non-authorized persons did not violate his free speech rights. The court held that summary judgment was precluded by factual issues concerning his retaliation claim based on his verbal protestations of alleged discrimination, his [section] 1983 conspiracy claim, his Title VII claims based on reports of his employer's discrimination practices, and his whistleblower claims. The court held that speech concerning racial discrimination in the state's parole determinations was a matter of public concern. The employee had disseminated confidential prison records in an effort to address the alleged discrimination. The court found that the employee's interests did not outweigh the department's interest in keeping inmate psychological records confidential. (Pennsylvania Department of Corrections, State Correctional Institution--Mahanoy)