Former superintendent’s lawsuit against board advances
A federal lawsuit filed by former West Mifflin Area School District Superintendent Daniel Castagna against the district and six current and former board members is moving forward.
A motion for summary judgment in the case was filed July 2 by Judge Lisa Pupo Lenihan in the U.S. District Court for the Western District of Pennsylvania.
Mr. Castagna’s attorney, Colleen Ramage Johnston, said based on the summary judgment, the court feels “there is more than enough evidence for a jury to decide if the school district violated Dr.
Castagna’s rights.”
In 2019, Mr. Castagna sued his former employer for violating his First Amendment rights of political affiliation and free speech, for violation of the Pennsylvania Whistleblower Law and for breach of contract.
The West Mifflin Area School Board fired Mr. Castagna in March 2019 after a series of public hearings to determine whether he was fit to lead the district amid accusations of neglect of duties, incompetency and immorality. He claimed the district’s charges against him were retaliation by political rivals. He chose not to appeal the firing.
He subsequently sued the district in September 2019 as well as board members Anthony DiCenzo, Nicholas Alexandroff, Debbie Kostelnik, Erin O’Leary White, Dave Marshall and former board member Stephen Kovac.
Prior to the Act 1080 hearings, which happened in 2018, Mr. Castagna was placed on paid leave and then unpaid leave by the school board.
Mr. Castagna was charged with DUI in 2008 and 2017. In both cases he was entered into an accelerated rehabilitative disposition program in which, after he completed drug and alcohol evaluation, counseling and other requirements, his record could be expunged. He was again charged with DUI in August 2019.
“The judge said that absolutely there is plenty of evidence for a jury” to decide whether Mr. Castagna’s rights were violated by the district and if that was the cause of his termination by the board.
“We are very pleased with the court’s decision, and we will proceed to the next stage of the litigation process,” Ms. Johnston said.
“This client has just been really used and abused by the school district with regard to his employment ending,” she added. “The judge’s decision is another step toward vindicating Dr. Castagna.”
She said a conference call is scheduled with herself and the school district’s attorneys next week, but she does not expect that a trial, if it takes place, would happen this year.
“We’re not expecting any civil trials in 2020. It’s a possibility, but not likely,” Ms. Johnston said.
The West Mifflin Area School District’s administration directed questions on the matter to the school district’s attorney, Jaime Doherty, who did not respond to requests for comment.