Gaines sues Rodin, U. for $2 million

Rodin's former driver filed a complaint in U.S. District Court, the University has 20 days to respond. University President Judith Rodin's former driver and staff assistant Donald Gaines -- who was fired in March 1996 after police found marijuana, a gun and ammunition in his car -- has filed a complaint in U.S. District Court seeking $2 million in damages. Attorney Mark Perry, who is representing Gaines, said his client is suing Rodin in her capacity as an individual as well as her chief of staff Steve Schutt, the University Police Department, John Washington -- the officer who discovered the drugs, gun and ammunition -- and the University's Board of Trustees. Perry said the suit charges the defendents with violating Gaines' civil rights as well as his right to due process of law. "The illegal search and seizure of my clients' vehicle lead to an unreasonable discharge without due process of law, ruining his reputation in the community and any opportunity to obtain future employment as personal security officer," he said. Perry said that Gaines is seeking $1 million in compensatory damages and $1 million in punitive damages. He added that all defendents must respond to the complaint within 20 days. Univeristy officials refused to comment on the lawsuit. "It is University policy not to comment on pending litigation," Univeristy spokesperson Ken Wildes said. But Perry speculated that the defendents will file a motion to dismiss the charges. He explained that such a motion will claim that even if the charges against the University and its representatives are true, the Univeristy is not liable under federal law. Though the University is a private institution, Perry said he believes it should be held liable under federal law because it receives some state funding. He added that he also thinks the police department has federal liability because it is a "quasi city police force." In March 1996, Washington discovered and seized two hand-rolled cigarettes and a bag filled with a "green leafy-type substance" from Gaines' car, which was parked in a Univeristy lot at 38th and Walnut streets. University Police also took a .22-calibre revolver and several types of bullets from the car. But none of these findings were ever entered in the official police log, which is supposed to contain all crimes and significant incidents responded to and documented by University Police. The Philadelphia District Attorney's office did not press charges against Gaines, claiming that police searched the car without probable cause. But the Univeristy fired Gaines after an internal investigation. Perry said his client was given "no opportunity to respond to the allegations against him." "My client was mistreated by Penn from the beginning to the end of his employment," Perry said. "He was asked by Judith Rodin and Penn to go above and beyond and he performed tasks that were not even in his job description to the highest level." If a motion to dismiss the charges is denied, Perry said the case would move to the pre-trial dscovery stage and ultimately go to court. He explained that the case would not end even if a motion to dismiss the charges is granted because there are "other state law claims such as invasion of privacy that we can bring to state court."

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