IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF PENNSYLVANIA

Donna Dougherty CIVIL ACTION

Plaintiff

NO. 05-CV-57

vs.

Green Woods Charter School, and AMENDED COMPLAINT and

Harold Kurtz, Annette Solarski, JURY DEMAND

Elizabeth Bailey, Dana Lotkowski, 

Emilie Nichols, Carol Spangenberg,

Steve Tilney and Glenn Vickers, 

individually and in their official capacities

Defendants

COUNT I

INTRODUCTION

1. Pursuant to 42 U.S.C. §1983, Plaintiff, Donna Dougherty,

brings this action against Green Woods Charter School and against

thethe individual defendants in their official and individual

capacities to redress the deprivation under color of state law of

herher first amendment right of freedom of expression about issues of

public concern and to redress the deprivation of her property and

libertyliberty without procedural due process as guaranteed by the

fourteenthfourteenth amendment of thefourteenth amendment of the United Stat

seeksseeks injunctive relief and damages against Green Woods Charter

SchoolSchool for breach of her contracts, for violations School for 

PennsylvaniaPennsylvania SunshiPennsylvania Sunshine APennsylvania Sunshine 

Whistleblower law.

JURISDICTION

2.2. Pursuant to 28 U.S.C. 1343(a)(3),2. Pursuant to 28 U.S.C. 

DistrictDistrict Court has jurisdiction over this civil rights action

broughtbrought pursuant to 42 U.S.C. §1983 to redress the deprivation

underunder color of state law, custom or usage, of rights secured by the

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 1 of 12
Constitution of the United States.

3.3. Pursuant to 28 U.S.C. §1331, the United States District

Court has jurisdiction over actions arising under the laws of the

United States.

4.4. Pursuant to 28 U.S.C. §1367, the United States District

Court has supplemental jurisdiction over the state claims.

5.5. Pursuant to5. Pursuant to 28 U.S.C. §1391(b), venue lies5. Pursu

DistrictDistrict of Pennsylvania whereDistrict of Pennsylvania where the def

events giving rise to the claim occurred.

PARTIES

6.6. Plaintiff, Donna Dougherty, is an adult individual

residing at 6 Lothian Place, Philadelphia, Pennsylvania 19128.

7.7. Defendant, Green Woods Charter Sc7. Defendant, Green Wood

nonprofitnonprofit corporation established and operated under a charter from

thethe School District of Philadelphiathe School District of Philadelphia 

CharterCharter School Law, 24 P.S. §17-1701-A et. seqCharter School Law, 

officesoffices and classrooms are located at 8480 Hagys Mill Road,

Philadelphia, Pennsylvania 19128.

8.8. Defendant, Harold Kurtz, is the acting Chief Exec8. Defendant

Officer of the Green Woods Charter School. His office is located

at 8480 Hagys Mill Road, Philadelphia, Pennsylvania 19128. 

9.9. Defe9. Defendant,9. Defendant, Annette Solarski, is a 

secretarysecretary ofsecretary of thesecretary of the Green Woods Charter Sch

at 8480 Hagys Mill Road, Philadelphia, Pennsylvania 19128.

10.10. Defendant, Elizabeth Bailey, is the president of the

Board of Trustees of the Green Woods Charter School. She resides

at 471 Wigard Avenue, Philadelphia, Pennsylvania 19128.

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11.11. Defendant, Emilie Nicho11. Defendant, Emilie Nichols, i11. 

TTrusteesTrustees of the Green Woods Charter School. She resides atTruste

Jannette Street, Philadelphia, Pennsylvania. 

12. Defendant, Dana Lotkowski, is a member of the Board of

Trustees of the Green Woods Charter School who voted to terminate

Plaintiff.Plaintiff. She resides atPlaintiff. She resides at 75Plaint

Pennsylvania 19128.

13.13. Defendant, Carol Spangenberg,13. Defendant, Carol Spangenberg, 

Trustees of the Green Woods Charter School who voted to terminate

Plaintiff.Plaintiff. She resides at 600 Palariet Road, Philadelphia,

Pennsylvania 19128.

14.14. Defendant, Steve Tilney, is a member of th14. Defendant, S

DirectorsDirectors of the Green Woods Charter School who voted to terminate

Plaintiff.Plaintiff. His office Plaintiff. His office is lPlaintiff. 

Services Building, Philadelphia, Pennsylvania 19102.

15.15. Defendant, Glenn Vickers, is15. Defendant, Glenn Vickers, i

DirectorsDirectors of the Green Woods Charter School who voted to terminate

Plaintiff.Plaintiff. He resides at 4Plaintiff. He resides at 469 

Pennsylvania 19128.

16. Pursuant to The Charter School Law, 24 P.S. §17-1716-A,

thethe Board of Trustees has authority to decide onthe Board of Trustees has a

the operation of the school, subject to the school's charter. 

17.17. Pursua17. Pursuant to the17. Pursuant to the terms of a 

OctoberOctober 12, 2003, Green Woods CharterOctober 12, 2003, Green Woods Ch

aa coordinator of instruction for the duration of the 2003-2004

schoolschool year, ending August 31, 2004 at an annual salary of

$65,000.00. A copy of the written contract is attached hereto as

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Exhibit A.

18.18. Defendants, Elizabeth Bailey, Dana Lotkowski, and Annette

Solarski,Solarski, insisted that the fSolarski, insisted that the founSol

SchoolSchool would decide the length of the scSchool would decide the len

year and the curriculum. 

19.19. 19. Pla19. Plaintiff opposed several founders' wish to cou

schoolschool year by minutes so that school can be over in early June.

PlaintiffPlaintiff raised concerns about compliance with statutory

requirements for the length of the school year.

20.20. 20. The Pennsylvania Charter School Law, 24 P.S. §17-171520. 

A(9) requires charter schools to provide at least 180 days or 900

hours of instruction per year.

21.21. The Charter School Law21. The Charter School Law, 24 P21

charter schools to comply with 22 Pa. Code, Chapter 12.

22.22. Ch22. Chapter 12 o22. Chapter 12 of 22 Pa. Code §12.32, re

havehave a policy for maintenance, disclosure ahave a policy for maintenan

stustudentstudent records consistent with the requirements of the Family

Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g.

23.23. FERPA prohibits, inter alia, the release of educ23. FERPA p

recordsrecords or personally identifiable information contained therein

withoutwithout the written consent of parents of the student whose records

oror information is released, unless the release is maor informatio

individualsindividuals who have a legitimate educational interest as specifie

in the statute. 20 U.S.C. §1232g(b)(1).

24. FERPA requires each educational institution to maintain

aa record of individuals other than those specified in 20 U.S.C.

§1232g(1)(A)§1232g(1)(A) which have requested or obtained§1232g(1)(A) which h

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 4 of 12
educationeducation records. The accesseducation records. The access record 

interestinterest of each such person in obtaininginterest of each such person 

the files.

25.25. In August, 2003, Plaintiff made a presentation about

commoncommon problems of governancecommon problems of governance in charter 

the Charter did not allow founders to govern the school.

26. Beginning in the summer of 2003 through November, 2003,

PlaintiffPlaintiff in good faith comPlaintiff in good faith comp

unrestrictedunrestricted access to confidential studentunrestricted access to 

inin the office area where they are privy to confidential student

infinformainformationinformation and the disclosure of confidential inform

specialspecial education students and about the medical condition of

students.

27.27. Plaintiff reported to the former principal, John

DiLello,DiLello, the secretary's disclosure of prDiLello, the secretary

student records.

28.28. 28. In January, 2004, the Board of Trustees was trained about

confidentialityconfidentiality responsibilities. Green Woods Charter S

curtailedcurtailed the access of individual members of the Board of Trustees

to student records and to office areas. 

29.29. In February29. In February 2004, Plaintiff criticized Defendant

becausebecause Bailey removed her child from school for a period of

approximatelyapproximately 30 days to protest preparation for standardized te

requiredrequired by The Pennsylvania Charter Schoolrequired by The Pennsylva

A(8).

30.30. On or about April30. On or about April 2, 2004 Plai

concernsconcerns about Founconcerns about Founderconcerns about 

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confidentialityconfidentiality and interference with complianceconfidentiali

31.31. In ret31. In retaliati31. In retaliation against Plaint

concernsconcerns aboutconcerns about school governance, breaches ofconcerns 

compliancecompliance with the charter school lawcompliance with the 

Lotkowski,Lotkowski, and Solarski, discarded Plaintiff's personal belongings

and prevented her from having an office.

32.32. 32. In further retaliation against Plaintiff for32. In further 

ofof violations of the statuteof violations of the statute andof violations o

2004,2004, Defendant, Lotkowski, accused Plaintiff of inappropriate

assistance of her son during a test.

33.33. In April,33. In April, 2004, the Board33. In April, 2004, th

Charter School directed John DiLello, the former principal of the

GreenGreen Woods Charter School,Green Woods Charter School, to investigate a

thatthat Ms. Dougherty had assisted them in the process of taking

standardized tests which had recently been administered.

34.34. After the conclusion of the investigation, on May 7,

2004, the Board offered Plaintiff a contract as a teacher for the

2004-20052004-2005 school year at a salary of $55,000. The written offer is

attached hereto as Exhibit B.

35.35. Plaintiff accepted the offer described35. Plaintiff accepted th

memorandum to resolve the controversy.

36.36. Green Woods Charter School, did not implement any other

pprovisionprovision of the agreement described on Exhibit B. Defendanpro

BaileyBailey and Bailey and LotkowBailey and Lotkowski, objected to sch

PlaintiffPlaintiff toPlaintiff to present concerns, comments and questions t

as provided in the May 7, 2004 memorandum.

37. In July, 2004, Defendant, Nichols, accused Plaintiff of

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 6 of 12
assistingassisting Nichols' son duriassisting Nichols' son during a ass

during the Spring of 2004.

38.38. Ms. Dougherty did not provide any inappropriate

assistance to students who were taking standardized tests.

39. On July 23, 2004, Harold Kurtz, interim chief executive

officerofficer of Green Woods Charter School,officer of Green Woods Charter 

informinginforming her that two fifth grade informing her that two fifth g

providingproviding inappropriate assistance during the administration of

standardized tests in Spring, 2004. 

40.40. On August 17, 2004, Harold Kurtz informed Plaintiff that

sheshe is suspended without pay, effective immediately, pending action

by the Board of Trustees.

41. At meeting of the Board of Trustees on August, 25, 2004,

Defendants,Defendants, Lotkowski, SDefendants, Lotkowski, SpDefendants, Lo

dismissdismiss Plaintiff from employment. dismiss Plaintiff from employmen

from the vote. 

42.42. Board members42. Board members who supported the42. Board membe

forfor greater control of operations and access tofor greater control 

informationinformation in vinformation in viinformation in violation of s

against Plaintiff and voted to dismiss Plaintiff from employment.

43.43. On September 29, 2004, Kurtz sent Plaintiff a letter

confirmingconfirming thatconfirming that her employment withconfirming that 

was terminated effective September 24, 2004.

44. On September 24, 2004, Plaintiff filed a writ of summons

in the Court of Common Pleas of Philadelphia County against Green

Woods Charter School.

45. On December 8, 2004, Plaintiff filed a complaint in the

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 7 of 12
Court of Common Pleas of Philadelphia against Green Woods Charter

School,School, Kurtz, Solarski, Bailey, Lotkowski, Nichols and

Spangenberg.

46.46. On or about December 10, 2004, a complaint was filed with

thethe Pennsylvania Dethe Pennsylvania Departthe Pennsylvania Department o

failed to follow professional testing protocols.

47.47. Plaintiff's speech on matters of public co47. Plaintiff's 

substantialsubstantial motivating factor for accusations of inappropriat

conductconduct against Plaintiff and the termination of Plaintiff from

employment.

WHEREFORE,WHEREFORE, Plaintiff pWHEREFORE, Plaintiff praysWHEREFORE

directingdirecting Defendants to reinstate Plaintiff as coordirecting D

instructioninstruction and to award Plaintiff back pay, front pay

compensatorycompensatory damages, attorney's fees,compensatory damages, atto

asas this Court deems appropriate. Plaintiff prays this Court award

her punitive damages against Defendants, Kurtz, Solarski, Bailey,

Lotkowski,Lotkowski, Nichols and Spangenberg, Tilney and VickLotkowski, Ni

individual capacity.

COUNT II

48.48. Plaintiff incorporates the averments of Count I as if

specifically stated herein.

49.49. Defendants terminated Plaintiff fr49. Defendants terminated 

publicpublic meeting wherein Defendant, Kpublic meeting wherein Defendant, 

terminateterminate Plaintiff. Defendants did noterminate Plaintiff. De

facts underlying his allegations of good reason for termination.

50.50. Defendants did50. Defendants did not afford Plaintiff a post-su

a post-termination hearing.

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 8 of 12
51.51. 51. Defendants deprived Plaintiff of her property51. Defendants 

herher job and in her liberty interest without affording her due

process of law.

WHWHEREFORE,WHEREFORE, Plaintiff prays this Court to enter an orW

directingdirecting Defendants to reinstate Plaintiff as coordindirecting 

instructioninstruction and to award Plaintiff back pay, front pay

compensatorycompensatory damages, attorney's fees,compensatory damages, atto

asas this Court deems appropriate. Plaintiff prays this Court award

her punitive damages against Defendants, Kurtz, Solarski, Bailey,

Lotkowski,Lotkowski, Nichols and Spangenberg, Tilney and Vickers, in Lotko

individual capacity.

COUNT III

52.52. Plaintiff inco52. Plaintiff incorpor52. Plaintiff incorpo

through 51 as if specifically stated herein.

53.53. Green Woods C53. Green Woods Char53. Green Woods Charte

contract with Plaintiff for the 2004-2005 school year.

54.54. Defendant, Green Woods Charter School, breached the

agreementagreement with Plaintiff to resolve the prior controversy, as

outlined in the memorandum of May 7, 2004, attached as Exhibit B.

WHEREFORE,WHEREFORE, Plaintiff prays this Court to order DefeWHEREF

GreenGreen Woods Charter School, to reinstate her to her position as

coordinatorcoordinator of instruction with back paycoordinator of instructio

her compensatory damages.

COUNT IV - Sunshine Act

55.55. Plaintiff incorporat55. Plaintiff incorporates t55. Plain

through 54 as if specifically stated herein.

56.56. The Charter School Law, 24 P.S. §17-1716-A, requires the

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 9 of 12
BoardBoard of TrusteesBoard of Trustees of the Green Woods CharterBoard of T

the Sunshine Act.

57.57. On August 1157. On August 11, 257. On August 11, 2004, 

terminate Plaintiff's employment.

58. Defendants did not give public notice of the August 11,

2004 meeting as required by 65 Pa. C.S.A. §709(a).

59.59. The Board held a second meeting on August 25, 2004, to

consider Plaintiff's termination.

60.60. Plaintiff submitted written re60. Plaintiff submitted writte

Trustees'Trustees' discussions and vote onTrustees' discussions and vote on 

in an open meeting.

61.61. In violation of 65 Pa. C.S.A. §708(a)(1), the Board

deliberateddeliberated adeliberated abdeliberated about Plaintiff's termin

session on August 25, 2004.

62.62. In violation of 65 Pa. C.S.A. §710.1(a), The Board

limitedlimited comments by the public at the August 25 board meeting.

WhenWhen attendeesWhen attendees demanded an explanation ofWhen attendees dem

the Board retreated into another closed executive session. 

WHEREFORE,WHEREFORE, pursuant to 65 Pa.C.S.A. §713, Plaintiff prays this

CourtCourt toCourt to declare the vote to suspend orCourt to declare the vot

August 11 and at the August 25 board meetings void, to enjoin the

Board'sBoard's decision to suspendBoard's decision to suspend PlainBoard's 

thethe Board's decision to terminate Plaintiff; pursuant to 65

Pa.C.S.A.Pa.C.S.A. §714.1, Plaintiff prays this Court to award her

attorney'sattorney's fees and costs of litigation and such other relief as

this Court deems appropriate.

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 10 of 12
COUNT V - Whistleblower Act violations

63.63. Plaintiff i63. Plaintiff inco63. Plaintiff incorporate

through 59 by reference as if specifically stated herein.

64.64. In violation of the Pennsylvania 64. In violation of the Pen

P.S.P.S. §1423, Defendants retaliated against Plaintiff in the

coconditionsconditions of employment and discharged her because of her go

faithfaith reports to the Principal and Board of violations of law

pertainingpertaining to maintenance and disclosure of contents of student

recordsrecords and because ofrecords and because of Plaintiff's insistence up

provisions of the Charter School Law.

WHEREFORE,WHEREFORE, Plaintiff pWHEREFORE, Plaintiff praysWHEREFORE

directingdirecting Green Woodsdirecting Green Woods Charter School to reinst

employment as coordinator of instruction; and to award her back 

pay,pay, front pay and all benepay, front pay and all benefits, pay, front 

andand fees incurred for litigation and such other relief as this

Court deems appropriate.

___________________________________________

Doris J. Dabrowski DJD2187

Attorney for Plaintiff

1500 Walnut St, Suite 900

Philadelphia, Pa. 19102

215-790-1115

JURY DEMAND

Plaintiff demands a trial by jury.

_________________________________________

Doris J. Dabrowski

Case 2:05-cv-00057-JCJ Document 2 Filed 02/25/05 Page 11 of 12
CERTIFICATE OF SERVICE

DorisDoris J. Dabrowski certifies that on February 25, 2Doris J. Dabr

served a copy of the first amended complaint upon counsel for 

defendants by first class mail, postage prepaid, addressed to:

Vicky P. Deshong

Edward Mintzer, Jr.

Rawle & Henderson

One S. Penn Square

Philadelphia, Pa. 19107

_________________________________________

Doris J. Dabrowski

1500 Walnut St., Suite 900

Philadelphia, Pa. 19102

215-790-1115

DJD 2187

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