Cynthia Lee v. Fairfax County School Board
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying as moot Motion to reconsider [999631406-2]. Originating case number: 1:14-cv-01116-AJT-TCB. Copies to all parties and the district court/agency. [999642174] [15-1050]
Appeal: 15-1050
Doc: 46
Filed: 08/18/2015
Pg: 1 of 5
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1050
CYNTHIA LEE,
Plaintiff - Appellant,
v.
FAIRFAX COUNTY SCHOOL BOARD; Dr. JACK DALE, former
Superintendent;
Dr.
PHYLLIS
PAJARDO,
Assistant
Superintendent; JAMEY CHIANETTA, Principal,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:14-cv-01116-AJT-TCB)
Submitted:
August 10, 2015
Before KING and
Circuit Judge.
THACKER,
Decided:
Circuit
Judges,
and
August 18, 2015
DAVIS,
Senior
Affirmed by unpublished per curiam opinion.
Christopher E. Brown, THE BROWN LAW FIRM, PLLC, Alexandria,
Virginia, for Appellant. Mary McGowan, Robert M. Falconi,
BLANKINGSHP & KEITH, P.C., Fairfax, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-1050
Doc: 46
Filed: 08/18/2015
Pg: 2 of 5
PER CURIAM:
Cynthia Lee challenges the district court’s order granting
the
Fairfax
County
Public
School
(FCPS)
Board’s
motion
for
summary judgment and dismissing Lee’s complaint alleging that
the FCPS Board and FCPS employees (collectively, “Appellees”)
violated
(2012),
Lee’s
and
Fourteenth
civil
her
under
procedural
Amendment,
termination
rights
under
and
due
42
U.S.C.
process
§§
rights
engaged
in
defamation
state
Virginia
1981,
law.
Lee
under
and
argues
1983
the
wrongful
that
her
claims are not barred by her prior settlement agreement with
FCPS
because
she
entered
the
agreement is unconscionable.
agreement
under
duress
and
the
We affirm.
We review the grant or denial of summary judgment de novo.
Cloaninger ex rel. Estate of Cloaninger v. McDevitt, 555 F.3d
324, 330 (4th Cir. 2009).
are
viewed
party.”
(4th
Cir.
“in
the
light
All facts and reasonable inferences
most
favorable
to
the
non-moving
Dulaney v. Packaging Corp. of Am., 673 F.3d 323, 330
2012).
Summary
judgment
is
only
appropriate
when
“there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.”
Civ. P. 56(a).
Fed. R.
“Conclusory or speculative allegations do not
suffice, nor does a mere scintilla of evidence in support of
[the nonmoving party’s] case.”
Thompson v. Potomac Elec. Power
2
Appeal: 15-1050
Doc: 46
Filed: 08/18/2015
Pg: 3 of 5
Co., 312 F.3d 645, 649 (4th Cir. 2002) (internal quotation marks
omitted).
We first review Lee’s claim that her settlement agreement
should be set aside because she entered it under duress.
Under
Virginia law, “[d]uress is not readily accepted as an excuse,
and
must
be
proven
Pelfrey v.
Pelfrey,
(internal
quotation
defendant
commits
by
487
S.E.2d
marks
a
clear
and
281,
284
omitted).
wrongful
act
convincing
(Va.
“Duress
evidence.”
Ct.
App.
exists
sufficient
1997)
a
prevent
to
when
a
plaintiff from exercising his free will, thereby coercing the
plaintiff’s
S.E.2d
consent.”
450,
particularly
452
Goode
(Va.
hesitant
v.
Burke
1993).
to
Virginia
accept
pressure as a form of duress.
Town
the
Plaza,
courts
exertion
Inc.,
have
of
436
been
economic
See id. at 452-53 (“Because the
application of economic pressure by threatening to enforce a
legal
right
is
not
a
wrongful
act,
it
cannot
constitute
duress.”); Seward v. Am. Hardware Co., 171 S.E. 650, 662 (Va.
1933) (“A contract reluctantly entered into by one badly in need
of money without force or intimidation and with full knowledge
of the fact is not a contract executed under duress.”).
We
duress.
have
reviewed
the
record
and
found
no
evidence
of
Lee fails to show that FCPS engaged in any wrongful
conduct in the negotiation of the agreement, and her financial
3
Appeal: 15-1050
Doc: 46
hardship,
Filed: 08/18/2015
standing
alone,
Pg: 4 of 5
is
insufficient
to
invalidate
a
contract due to duress under Virginia law.
We next consider whether the settlement agreement should be
invalidated as unconscionable.
Traditionally, for a contract to
be unconscionable, it must have been “such as no man in his
senses and not under delusion would make on the one hand, and as
no honest and fair man would accept on the other.”
Chaplain,
682
S.E.2d
108,
113
quotation marks omitted).
(Va.
Ct.
App.
Chaplain v.
2009)
(internal
In other words, “‘[t]he inequality
must be so gross as to shock the conscience.’”
Id. (quoting
Smyth Bros. v. Beresford, 104 S.E. 371, 382 (Va. 1920)).
Unconscionability
element.
the
has
Id. at 114.
value
faith
exchanged.”
in
concealments,
“the
a
substantive
and
procedural
The former requires a “gross disparity in
Id.
quotation marks omitted).
bad
both
at
113
(internal
alterations
and
The latter necessitates inequity and
accompanying
incidents
misrepresentations,
undue
.
.
.
advantage,
,
such
as
oppressions
on the part of the one who obtains the benefit, or ignorance,
weakness
of
necessities,
mind,
and
sickness,
the
like.”
old
age,
Id.
at
incapacity,
114
(internal
pecuniary
quotation
marks omitted).
We
conclude
settlement
that
agreement
neither
before
element
this
court.
is
present
In
in
the
exchange
for
releasing her claims against Appellees, Lee avoided termination
4
Appeal: 15-1050
Doc: 46
Filed: 08/18/2015
Pg: 5 of 5
for incompetence (for which she could have lost her teacher’s
license), retained a position at FCPS, wiped her record clean,
received a neutral reference from FCPS, and could resign with
only five-days notice if she were to obtain new employment.
In
negotiating these benefits, Lee was represented by counsel.
As
a result, the district court properly refused to invalidate the
settlement agreement due to unconscionability.
Because Lee does not contend that any of her claims were
beyond
the
scope
of
her
settlement
district court’s judgment.
reconsider
dispense
our
with
contentions
are
order
oral
we
affirm
the
We also deny as moot her motion to
denying
argument
adequately
agreement,
her
motion
because
presented
in
to
the
the
expedite.
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?