PITTSBURGH – An Allegheny County man who served as a high school football head coach for eight years alleges that his contract was not renewed and that he was then defamed by District officials with false claims that he permitted hazing and bullying in the football program.
Eric Kasperowicz first filed suit in the U.S. District Court for the Western District of Pennsylvania on Aug. 10 versus Pine-Richland School District of Gibsonia, plus Brian R. Miller, Peter Lyons and Thomas Salopek, all also of Allegheny County.
“Plaintiff was employed by defendant District as head football coach from in or about February of 2013 until in or about April of 2021. On or about April 14, 2021, defendant District informed the plaintiff that his employment contract would not be renewed. Thereafter, defendant District’s representatives, including the named individual defendants, made false and defamatory statements to the public about the plaintiff, including, but not limited to, that the plaintiff was aware of, condoned and/or perpetuated ‘hazing,’ ‘intimidation’ and/or ‘bullying’ within the football program under his leadership as head coach,” the suit says.
“These statements were, and are, patently false. Plaintiff was never aware of, nor did he ever condone and/or perpetuate ‘hazing,’ ‘intimidation’ and/or ‘bullying’ within the football program. Furthermore, any failure to report such conduct could impose criminal liability on the plaintiff as a mandated reporter.”
The suit then went on to discuss subsequent incidents, which the plaintiff labeled as defamatory:
• On April 16, 2021, defendant Salopek, in his capacity as assistant principal for defendant District’s high school, told at least three students that defendant District ‘has information that would ruin the plaintiff’s reputation.’ Defendant Salopek’s statement was, and is, patently false, defamatory to the plaintiff’s character and placed the plaintiff in a false light to members of his community. Defendant Salopek knew, or should have known, that his statement was false and defamatory;
• On April 20, 2021, during a press conference held by defendant District which was broadcast on several local media outlets, defendant Lyons alleged that the plaintiff was aware of and/or condoned ‘hazing,’ ‘intimidation,’ ‘bullying’ and ‘rites of passage’ within the District’s football program under his leadership. Defendant Lyons further alleged that the plaintiff failed to report such conduct. These statements were, and are, patently false. Plaintiff was never aware of, nor did he ever condone ‘hazing,’ ‘intimidation,’ ‘bullying’ and/or ‘rites of passage’ within the football program. Defendant Lyons also stated in the press conference that “neither the administration nor any member of the nine-member school board could recommend extending a supplemental contract to [the plaintiff] for the 2021-2022 football season.” Plaintiff believes, and therefore avers, that this statement was, and is, false. Defendant Lyons knew, or should have known, that his statements were false and defamatory;
• On May 7, 2021, defendant Miller, in his capacity as superintendent of defendant District, was interviewed by a local media outlet. During that interview, defendant Miller stated that there were a “series of events that have been orchestrated by [the plaintiff] and others that put students in the middle.” Defendant Miller also claimed that the plaintiff was aware of incidents of ‘intimidation,’ ‘humiliation,’ ‘fights’ and ‘rites of passage’ within the football program under his leadership and that the plaintiff failed to report this conduct. Additionally, during that same interview, defendant Miller falsely alleged that the decision not to renew the plaintiff’s contract was unanimous. Plaintiff believes, and therefore avers, that these statements were, and are, patently false;
• In a letter to the families of defendant District’s students dated May 7, 2021, defendant Miller, in his capacity as superintendent for defendant District, alleged that the plaintiff failed to report a ‘culture of hazing and emotional and physical bullying and intimidation that arose in and around the football program, particularly in the locker room, for years’ including ‘acts of bullying, physical and emotional intimation, humiliation and rites of passage. Defendant Miller’s statements, as more fully described hereinbefore above, were patently false, defamatory to the plaintiff’s character and placed the plaintiff in a false light to members of his community.
For counts of violating Section 1983, the Fourth Amendment and Fourteenth Amendment to the U.S. Constitution, the plaintiff is seeking damages against defendant District in the amount proven at trial, compensatory special damages, costs of suit, reasonable attorney’s fees as permitted by law, pre- and post-judgment interest as permitted by law, such other relief, including injunctive and/or declaratory relief as this Court may deem proper, and a trial by jury.
The plaintiff is represented by Joel S. Sansone of the Law Offices of Joel Sansone, in Pittsburgh.
The defendants are represented by Matthew M. Hoffman and Christopher L. Voltz of Tucker Arensberg, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-01097
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com