Citations
- 436 F. Supp. 1328
Full opinion text
MEMORANDUM AND ORDER
TEITELBAUM, District Judge.
This is a civil rights action brought against the Board of Trustees of Carnegie Free Library of Connellsville seeking declaratory and injunctive relief and monetary damages to redress an alleged deprivation of right and privileges guaranteed by the First, Fourth, Ninth and Fourteenth amendments and 42 U.S.C. § 1983. Jurisdiction is based on 28 U.S.C. § 1331 and 28 U.S.C. § 1343(3), (4).
On December 2, 1975, the Court granted defendants’ motion for summary judgment on the jurisdictional ground of an absence of state action. An appeal followed and, on November 22, 1976, the U.S. Court of Appeals for the Third Circuit reversed the judgment of the district court and remanded for further proceedings, on March 15, 1977, a non-jury trial was then held in the above matter. The following shall constitute the findings of fact and conclusions of law as required by Rule 52 of the Federal Rules of Civil Procedure.
FINDINGS OF FACT
The plaintiffs, Rebecca S. Hollenbaugh and Fred K. Philburn, were employees of Carnegie Free Library until they were discharged on August 9, 1973. Plaintiff Hollenbaugh was hired as a librarian in December of 1969 and served in that capacity until her dismissal by the Board of Trustees, while plaintiff Philburn was hired in February of 1971 as a janitor. Both plaintiffs were at will employees, the only contractual limitation on their employment being Ms. Hollenbaugh’s agreement with the Board of Trustees of the Library that either party could terminate her employment with 60-days’ notice. The plaintiffs were competent employees who had had no significant problems with their employers until the circumstances that gave rise to their discharges occurred. Sometime during their mutual employment at the library, plaintiffs met and began seeing each other socially. Plaintiff Philburn was married at this time and remained so through the time of trial, while Ms. Hollenbaugh was divorced by the time she met Mr. Philburn. In November of 1972, Ms. Hollenbaugh became pregnant with Philburn’s child. She thereafter sought a leave of absence on account of her pregnancy from the Board of Trustees. That request was granted, even though the Board knew that Mr. Philburn, a married man, was the father. In December of 1972, on account of Ms. Hollenbaugh’s pregnancy, Philburn left his wife and moved in with Ms. Hollenbaugh. He has continued to live with her through the time of trial and both plaintiffs have expressed their intention to continue to live together in the future. The plaintiffs’ living arrangement is neither secret nor clandestine.