COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT DEPARTMENT

THE TRIAL COURT

MIDDLESEX, SS.:

ALAN R. MCRAE, )

Plaintiff, )

vs. ) Civil Action No.

RICHARD J. CONNORS, and William ) Complaint

P. CONNERS, as Superintendent, )

BURLINGTON PUBLIC SCHOOLS, )

Defendants )

 

Introduction

  1. This is a civil rights action by Alan McRae ("McRae"), a 26 year respected veteran teacher at the Marshall Simonds Middle School (the "School"). In 1997, a decision was made to install plexiglass countertops in the science classrooms at the School. McRae had substantial concerns over the saftey of using plexiglass counter tops. He voiced his concerns to his superiors. Subsequently he spoke with individuals at OSHA, the Massachusetts Departments of Safety and Health, and a building inspector with the Town of Burlington . McRae was informed that use of the plexiglass constituted a safety hazard in the school, and was in violation of law. The School completed its plans to install the countertops and retaliated against McRae for voicing his concerns and making his reports to the various public bodies. He was subjected to retaliation, closely scrutinized and isolated from his fellow teachers. The Complaint states claims under the Civil Rights Act of 1964 and under the Massachusetts Whistleblower Protection Statute, G.L. c. 149, s. 185. He seeks compensatory damages, punitive damages, equitable relief, declaratory relief, attorney's fees and costs.

    Parties

  2. The plaintiff Alan McRae is a resident of Massachusetts. At all times relevant to this action he has been employed as a teacher by the Burlington Public Schools District (the "District").
  3. The defendant, Richard J. Connors ("defendant Connors") was at all times relevant to this action employed by the District as Principal of the School.
  4. The District is a duly constituted school district in Middlesex, Massachusetts.
  5. The defendant William P. Conners (the "Superintendent") is sued in his official capacity, as Superintendent of the Burlington Public Schools.

    Facts

  6. During the first two weeks of December, 1997, McRae voiced his concerns to his immediate supervisors, Neil Lusas and defendant Connors, about safety issues surrounding the installation of Lexan tops on science tables.
  7. In an attempt to gather information about these table tops, McRae contacted the Environmental Engineer for the Board of Health in Burlington, the Massachusetts Department of Public Health, OSHA, the Massachusetts Department of Public Safety and the Building Inspector for the town of Burlington.
  8. On December 11, 1997, the Building Inspector for the Town of Burlington visited the School to inspect these table tops, and stated that there was a problem with using hot plates or burners, or any source of open flame on the Lexan surface. He also stated that when using microscopes on the Lexan a protective material had to be used over the Lexan surface.
  9. On December 12, 1997, Defendant Connors began an unprecedented 51 visits to McRae's Classroom within the next 74 days. Including visits from additional evaluator under Mr. Connors, the number was 64 in 74 days.
  10. Other Science teachers did employ heat on the Lexan surface, contrary to the assurances to the building inspector that no such use would take place.
  11. Science teachers were given permission to engage in using the tables for this activity by both Neil Lusas and ultimately the superintendent.
  12. One teacher did use heaqt on them and warped her table tops.
  13. In a formal evaluation dated May 1, 1998, Defendant Connors explicitly criticized McRae for commenting on matters of public concern, because it "is vital that students and parents received a unified message…"
  14. Additionally, Defendant Connors invented other criticisms in the evaluation as a direct punishment for McRae's having engaged in his protected speech.
  15. Defendant Connors took steps to ensure a hostile work environment for McRae, including attempts to embarrass him with the students.
  16. There were rumors that McRae was to be dismissed.

    COUNT ONE

    Freedom of speech

    42 U.S.C. s. 1983

  17. The plaintiff repeats and realleges the foregoing as if fully set forth herein.
  18. All of the above acts were taken under color of state law.
  19. McRae's speech and actions concerning the lexan surface is a critically significant issue of public concern, regarding the health of our public school children. Such speech and the actions incorporating such speech were protected by the First Amendment of the United States Constitution and the Fourteenth Amendment of the United States Constitution.
  20. McRae has been punished by the defendants on account of his constitutionally protected speech, in violation of McRae's rights as protected by 42 U.S.C. s. 1983.

    COUNT TWO

    Massachusetts Whistleblower Protection Act

    M.G.L. c. 149 s. 185

  21. The plaintiff repeats and realleges the foregoing as if fully set forth herein.
  22. The defendant the Burlington Public Schools is an "employer" subject to the restrictions of the Massachusetts Whistleblower Protection Act , G.L. c. 149 s. 185.
  23. McRae reasonably believed that the continued use of the Lexan surface posed a risk to public safety and violated law.
  24. Beginning on December 12, 1997 and continuing to the present, the defendants have taken retaliatory actions against the plaintiff because McRae reported what he reasonably perceived to be threats to the safety of the school children, and violations of law.
  25. Such retaliation against McRae violated his rights as protected b y c. 149 s. 185.

AS A RESULT of all the above conduct McRae has been injured. He has been stigmatized. His reputation has been damaged. He has suffered emotional distress.

WHEREFORE, the plaintiff demands that this Court:

JURY DEMAND -- The plaintiff demands a jury trial as to all counts of this complaint.

Alan McRae

By his attorney,

 

ERIC S. MAXWELL

BBO # 557787

112 Shawmut Avenue

Boston, MA 02118

(617) 357-5800