Ryan v. Mesa Unified School District
Ryan v. Mesa Unified School District
Opinion of the Court
ORDER AND OPINION [Re: Motion at Docket 12]
I. MOTION PRESENTED
At docket 12, defendants Mesa Unified School District (“School District”) and Joseph Goodman (“Goodman”) move pursuant to Federal Rule of Civil Procedure 12(b)(6) for an order dismissing plaintiffs’ amended complaint. Plaintiffs Sidney Ryan, Jodi Ryan, and Jeffrey Hills respond at docket 14. Defendants filed a reply at docket 17. Oral argument was not requested and would not assist the court.
II. BACKGROUND
Sidney Ryan, K.R., and B.H. are three former members- of the 2014 Mountain View High School varsity girls softball team. K.R. and B.H. are minors whose interests are represented in this case by plaintiffs Jodi Ryan (K.R.’s mother) and Jeffrey Hills (B.H.’s father), respectively. Mountain View is a public high school in Mesa, Arizona that is part of the Mesa Unified School District. Plaintiffs’ complaint alleges four causes of action pursuant to 42 U.S.C. § 1983. Count I alleges a violation of the First Amendment’s Establishment Clause against Goodman.
A. Establishment Clause allegations
i. Team prayer allegations (Count I)
• Defendants allow and promote prayer at Mountain View varsity girls softball games. During the 2013-14 girls softball season, certain players were appointed “prayer leaders” who led a team prayer at the beginning of every game.
• Team captain Sidney Ryan announced that-these team prayers would cease. K.R. and B.H. supported this decision. All three players were dismissed from the team. One of the reasons why they were dismissed from the team was that the School District found that they did*1358 not respect the religious views of others.
• Plaintiffs were effectively penalized for not conducting team prayer.
ii. Released time allegations (Count II)
• The Church of Jesus Christ of Latter-Day Saints (LDS Church) operates a seminary across the street from Mountain View. The School District allows Mountain View students who are LDS Church members to participate in a released time program whereby they are released from school to the LDS Church seminary five days per week for six periods of the day and then readmitted to the school.
• Mountain View is a “locked campus,” meaning that the school gates are locked to all students during the school day except for seniors during lunch period.
•When LDS Church seminary students are locked outside the school gate, school personnel must open the gate to let them back in.
• LDS Church personnel also have a key to the school gate, and the School District allows them to open the gate for seminary students.
• The School District does not adequately track the seminary students who leave or reenter campus.
B. Free speech allegations (Count III)
• During a 2014 softball tournament “hip-hop and other popular music ... was played and used as expressive speech.”2 C.R., the daughter of LDS Church member Terry Richardson, found this music offensive to her “religious sensitivities.”3
• During the same tournament, Terry Richardson read expressive speech made by B.H. on Twitter.4 Certain LDS members reported B.H.’s tweets to team coach Joseph Goodman.
• One of the reasons why plaintiffs were dismissed from the team was because the School District found that they used improper speech during off-campus events.
• Plaintiffs were effectively penalized for protected expressive speech.
C. Due process allegations (Count IV)
• The School District “has rules and procedures that are supposed to be utilized in the event that a student is to be removed from” the softball team based on charges that the student used improper speech that could be deemed “bullying.”5 The School District did not comply with these rules when plaintiffs were removed from the softball team.
III. STANDARD OF REVIEW
Rule 12(b)(6) tests the legal sufficiency of a plaintiffs claims. In reviewing such a motion, “[a]ll allegations of material fact in the complaint are taken as true and construed in the light most favorable to the nonmoving party.”
To avoid dismissal, a plaintiff must plead facts sufficient to “ ‘state a claim to relief that is plausible on its face.’ ”
IV. DISCUSSION
A. Plaintiffs’ Standing
Defendants argue that all three plaintiffs lack standing to challenge the School District’s released time policy and that Sidney Ryan lacks standing to obtain declaratory or injunctive relief because she no longer attends school in the District. “The oft-repeated ‘irreducible constitutional minimum of standing’ contains” the following three elements: (1) “the plaintiff must have suffered an ‘injury in fact,’ which is both concrete and particularized, as well as actual or imminent;” (2) “there must be a causal connection between the injury and the conduct complained of;” and (3) “it must be likely that a favorable decision would redress the injury identified.”
Relying on Moss v. Spartanburg County School District Seven,
On one hand, the Fourth Circuit held that plaintiff Tillett lacked standing because she did not allege that either she or her child had personal exposure to the release time program, that the program caused them any adverse repercussions, or that the program caused them to alter their conduct in any way. Thus, Tillett’s allegations amounted to “little more than simple disagreement with the wisdom of the School District’s policy.”
Plaintiffs fail to address defendants’ argument that they lack standing to challenge the released time policy.
Defendants argue that Counts I, III, and IV of the complaint fail to the extent they are directed at the School District because plaintiffs do not sufficiently allege that the School District is hable for any alleged constitutional violations under Section 1983. Section 1983 prohibits “every person” acting under color of law from violating the constitutional or legal rights of others.
Defendants argue that plaintiffs fail to allege that their constitutional rights were violated by any specific School District policies, customs, or practices.
Regarding Count III, plaintiffs conclude without explanation that “the facts as alleged if proven can support liability sue [sic] to those practices and usages.”
Plaintiffs fail to address defendants’ argument with regard to Count IV, which alleges that the School District “did not comply with its own rules to comply with the Plaintiffs [sic] due process rights.”
C. Claims Against Goodman—Qualified Immunity
Goodman argues that he is entitled to qualified immunity regarding plaintiffs’ claims against him (Counts I, III, and IV).
1. Count I
Goodman argues that Count I fails both prongs of the qualified immunity test. First, “private student prayer” is not unconstitutional; second, plaintiffs’ constitutional rights were not clearly established at the time of Goodman’s alleged misconduct. Goodman’s first argument mischaracterizes the complaint. The complaint alleges that Goodman is liable for more than private student-led pre-game prayer; the complaint alleges that Coach Goodman, a government official, appointed certain students as “prayer leaders”
Turning to Goodman’s second argument, when determining whether a defendant’s conduct violated clearly established federal law, courts look to whether the state of the law at the time gave the defendant “fair warning” that his conduct was unlawful.
Plaintiffs argue that Goodman’s promotion of student-led prayer at a public school sporting event was clearly unconstitutional in light of the Supreme Court’s decision in Santa Fe Independent School District v. Doe,
Goodman argues that he is entitled to qualified immunity on Count I because “[t]he law on student prayer is not established with sufficient clarity.”
Goodman’s argument that' government officials are entitled to blanket qualified immunity in cases involving student prayer is untenable. Even if defining the contours of the intersection between one student’s First Amendment right to free speech and another student’s First Amendment Establishment Clause rights requires courts and government officials to navigate a “legal labyrinth,”
2. Count III
Count III alleges that plaintiffs were dismissed from the softball team in part because of B.H.’s tweets, as well as certain music that was played at a softball tournament, both of which LDS Church members found offensive. As with Count I, Goodman argues that Count III fails both prongs of the qualified immunity test. First, he argues that’ Count III fails to allege a constitutional violation because a
Turning to Goodman’s first argument, Goodman cites no authority to support his assertion that playing music to “get in the zone” is unprotected by the First Amendment because it is not intended to convey a message. This argument lacks merit. Music is protected by the First Amendment regardless of whether it contains an overt message — even instrumental music is protected.
Turning to his second argument, Goodman relies primarily on Doninger v. Niehoff, a case where the Second Circuit Court of Appeals held that school officials were entitled to qualified immunity regarding their decision to bar the plaintiff from wearing a t-shirt that the defendants thought would cause a disruption at a school assembly.
3. Count IV
In pertinent part, Count IV alleges that Goodman violated plaintiffs’ due process rights by not following School District rules and procedures when plaintiffs’ were disciplined for bullying. Goodman
V. CONCLUSION
Based on the preceding discussion, defendants’ motion to dismiss at docket 12 is GRANTED in part and DENIED in part as follows: All Counts against the School District are DISMISSED; Count IV is DISMISSED as to Goodman as well as the School District;. and Sidney Ryan’s claims for declaratory relief in Counts I and III are DISMISSED. In all other respects defendants’ motion is DENIED. The claims which remain for resolution are plaintiffs’ remaining claims, against Goodman in Counts I and III.
. The Complaint is somewhat ambiguous as to which of the defendants is the subject of Count I. A reading of Count I itself discloses that it is directed solely at Goodman, but in the prayer for relief plaintiffs refer to Count I as well as Counts II and III as supporting their request for a declaratory judgment against both defendants.
. Doc. 8 at 7 ¶ 28.
. Id. at ¶ 29.
. See PeopleBrowsr, Inc. v. Twitter, Inc., No. C-12-6120 EMC, 2013 WL 843032, at *1 (N.D.Cal. Mar. 6, 2013) ("Twitter is an online communications platform that lets users share information through 'tweets’ of 140 characters or less.”).
. Doc. 8 at 16 V 82.
. Vignolo v. Miller, 120 F.3d 1075, 1077 (9th Cir. 1997).
. Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011).
. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990).
. Lee v. City of Los Angeles, 250 F.3d 668, 679 (9th Cir. 2001).
. Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
. Id.
. Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955).
. Id. (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955).
. Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009); see also Starr, 652 F.3d at 1216.
. Sturgeon v. Masica, 768 F.3d 1066, 1071 (9th Cir. 2014) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)).
. 683 F.3d 599 (4th Cir. 2012), cert. denied, - U.S, --, 133 S.Ct. 623, 184 L.Ed.2d 396 (2012).
. Doc. 12 at 6.
. 683 F.3d at 601.
. Id.
. Id. at 605 (quoting Suhre v. Haywood Cnty., 131 F.3d 1083, 1086 (4th Cir. 1997); ACLU v. Rabun Cnty. Chamber of Commerce, Inc., 698 F.2d 1098, 1102 (11th Cir. 1983)). See also Catholic League for Religious & Civil Rights v. City & Cnty. of San Francisco, 624 F.3d 1043, 1049 (9th Cir. 2010) (en banc).
. Moss, 683 F.3d at 605. See also Catholic League, 624 F.3d at 1052 (holding that mere disagreement with the government is insufficient injury, but exclusion or denigration on religious basis is sufficient).
. Moss, 683 F.3d at 606.
. Id. at 607.
. Id.
. Doc. 14 at 5-7.
. In addition, plaintiff Sidney Ryan lacks standing to obtain declaratory and injunctive relief. "It is well settled that once a student graduates, he no longer has a live case or controversy justifying declaratory and injunc-tive relief against a school's action or policy." Cole v. Oroville Union High Sch. Dist., 228 F.3d 1092, 1098 (9th Cir. 2000).
. 42 U.S.C. § 1983.
. 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
. Lytle v. Carl, 382 F.3d 978, 982 (9th Cir. 2004) (quoting Webb v. Sloan, 330 F.3d 1158, 1164 (9th Cir. 2003)).
. Doc. 12 at 10.
. Doc. 14 at 14. This removes the ambiguity recognized above in note 1; Count I does not plead a claim against the School District.
. Id. at 15.
. Doc. 8 at 15 ¶ 74.
. Id. at 16 ¶ 84.%
. Doc. 12 at 10-13.
. C.F. ex rel. Farnan v. Capistrano Unified School Dist., 654 F.3d 975, 986 (9th Cir. 2011).
. Id.
. Doc. 8 ató ¶ 18.
. Id. at 9 V 38.
. Hope v. Pelzer, 536 U.S. 730, 741, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002).
. Stanton v. Sims,-U.S.-, 134 S.Ct. 3, 4-5, 187 L.Ed.2d 341 (2013) (quoting Ashcroft v. al-Kidd, - U.S. -, 131 S.Ct. 2074, 2085, 179 L.Ed.2d 1149 (2011)).
. Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987).
. Id.
. Act Up!/Portland v. Bagley, 988 F.2d 868, 873 (9th Cir. 1993).
. 530 U.S. 290, 120 S.Ct. 2266, 147 L.Ed.2d 295 (2000).
. Id. at 294, 120 S.Ct. 2266.
. Id. at 305, 120 S.Ct. 2266 (quoting Lee v. Weisman, 505 U.S. 577, 590, 112 S.Ct. 2649, 120 L.Ed.2d 467 (1992)).
. Id. at 307-08, 120 S.Ct. 2266.
. Id. at 308, 120 S.Ct. 2266.
. Doc. 12 at 11.
. Id.
. Doc. 17 at 4.
. Id. at 2.
. Nurre v. Whitehead, 580 F.3d 1087, 1090 (9th Cir. 2009).
. Lee, 505 U.S. at 587, 112 S.Ct. 2649.
. See Groten v. California, 251 F.3d 844, 851 (9th Cir. 2001) ("[A] Rule 12(b)(6) dismissal is not appropriate unless we can determine, based on the complaint itself, that qualified immunity applies.”).
. Doc. 12 at 12.
. See Cinevision Corp. v. City of Burbank, 745 F.2d 560, 567 (9th Cir. 1984) ("[I]f the [City Council] passed an ordinance forbidding the playing of rock and roll music ..., they. would be infringing a First Amendment right ... even if the music had no political message — even if it had no words — and the defendants would have to produce a strong justification for thus repressing a form of 'speech.' ") (quoting Reed v. Village of Shorewood, 704 F.2d 943, 950 (7th Cir. 1983)); id. at 569 ("[Cjonstitutional safeguards are not applicable only to musical expression that implicates some sort of ideological content. Rather, all — political and non-political — musical expression, like other forms of entertainment, is a matter of first amendment concern.”).
. 418 U.S. 405, 405, 94 S.Ct. 2727, 41 L.Ed.2d 842 (1974) (involving flag with peace symbol attached to it). See also Anderson v. City of Hermosa Beach, 621 F.3d 1051, 1061 (9th Cir. 2010) (holding that tattoos, the tattooing process, and the business of tattooing are each purely expressive speech).
. 642 F.3d 334, 355-56 (2d Cir. 2011).
. Id. at 356.
. Doc. 12 at 12.
. Doc. 14 at 12.
.Id. at 13.
. See Paul v. Davis, 424 U.S. 693, 712, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976).
Reference
- Full Case Name
- Sidney RYAN v. MESA UNIFIED SCHOOL DISTRICT and Joseph Goodman, in his individual capacity
- Cited By
- 2 cases
- Status
- Published