Texts allowed in CASD teacher’s lawsuit

PHILADELPHIA >> A former teacher at Scott Middle School in Coatesville who was fired from his position will be allowed to quote portions of racist text messages sent between disgraced superintendent Richard Como and the district’s one-time athletic director in his federal civil rights lawsuit against the Coatesville Area School District.

U.S. District Judge Gerald J. Pappert last week ruled that Jamal Phoenix would be allowed to introduce a limited number of

the text messages between Como and former AD James Donato when the cases is taken before the jury later this month.

Phoenix, 45, of East Fallowfield, a one-time nominee for the Citadel Federal Credit Union’s “Heart of Learning Award,” has sued the district for punitive and compensatory damages over his June 2013 termination. He contends that he was fired because he is black, and that the district overlooked behavior by white teachers that they claimed as the basis for his termination.

In his ruling, Pappert said that the text messages, which he called a “collection of, among other things, vile, racist, misogynistic, and anti-Semitic exchanges between Como and Donato,” would be relevant to Phoenix’s case. He said Phoenix could introduce the messages through the Chester County Investigative Grand Jury report that resulted in criminal charges being brought against Como and Donato.

The relevant portions of the numerous text messages that were uncovered by district and law enforcement officials involve Phoenix specifically, Pappert write, and thus allow him to argue that he was targeted by Como, the superintendent, for termination because of his race.

The particular exchange began with Como texting Donato about recent firings in June 2013, when Phoenix was let go.

According to Pappert’s opinion and order, on June 7, 2013 Como wrote, “Right this could be classic conclusion to board mtgs by end of month plus 23 get clipped tuesday am before committee mtg and prob 6 to 9 more in July if Ritter budget numbers right.”

Donato responded, “How many (racial epithet) out of 23? Not enough!”

Como replied, “Don’t know but think only 4-5. At most until last minute rush of firing by Goo of Phoenix and Kamara.”

Donato wrote back, “Good hangings there!”

The racial epithet is contained in Pappert’s opinion. The Daily Local News dos not print such epithets.

The judge, despite that ruling, upheld the district’s request to keep the bulk of the text messages from being introduced into evidence. He also denied Phoenix’s assertion that the jury should see the entirety of the Grand Jury’s report, as well as an investigative report completed for the Coatesville School Board by the Conrad O’Brien law firm.

Although these documents contain information about the text messages that led to Como’s and Donato’s resignation in August 2013; they also contain other information about alleged criminal conduct and administrative mismanagement by Como and Donato that would cloud the jury’s deliberations, Pappert said.

The school district’s attorney, Sharon M. O’Donnell of Philadelphia, could not be reached for comment. Phoenix’s attorney, Sidney Gold of Philadelphia, did not return a call seeking comment.

Neither Como nor Donato are parties to the lawsuit, which was filed earlier this year.

Pappert’s ruling came because in the grand jury report, Como is identified as being in charge of hiring and firing. Because the text message exchange between Como and Donato was mentioned in the report, that section was deemed pertinent to Phoenix’s case, but the rest wasn’t.

“This conversation directly mentions Phoenix’s firing and, by implication, his race, and is therefore relevant and probative,” Pappert said. “The rest of the grand jury’s report, however, is not relevant, and even if it was relevant, its probative value is substantially outweighed by unfair prejudice and confusion of the issues.”

Phoenix, in his complaint, contends that he was subject to a higher level of discipline than his white peers. He said that he was disciplined for not properly supervising Coatesville students on a school bus, when a white teacher and athletic coach who was also on the bus was not.

He said that when he was fired, other white teachers who had “significant performance issues,” were not fired by the district.

Coatesville, in response, has claimed that Phoenix had long-standing discipline and teaching failures, and that he was, in fact, supervised by a clan administrator, with whom he had confrontations over his poor performance.

The case is scheduled to go to trial on Oct. 28 in Philadelphia.