Mathai v. Board of Supervisors of Louisiana State University
Mathai v. Board of Supervisors of Louisiana State University
Opinion of the Court
ORDER AND REASONS
Before the Court is defendants’ motion to dismiss. For the following reasons, the Court GRANTS the motion to dismiss of the Board of Supervisors of Louisiana State University and GRANTS the motion to dismiss of Dr. Steve Nelson.
I. BACKGROUND
This dispute stems from plaintiff Anna Mathai’s dismissal from the School of Medicine of the Louisiana State University Health Sciences Center. According to her complaint, plaintiff was admitted to the medical school in 2009 and performed well during her first two years of the program.
On August 25, 2011, plaintiff signed a document entitled “LSUHSC Fitness for Duty/Drug Testing Continuation of EmploymenVEnrollment Contract.”
I understand I was referred back to the LSUHSC Campus Assistance Program and Drug Testing Program on February 13, 2012 due to the concerns on the administrative referral form. Due to the foregoing concerns during my enrollment/employment, LSUHSC has necessitated that specific terms be applied to my continuation of enrollment/employment at this time in order to ensure my safety as well as the safety of others. Therefore I, Anna Mathai, voluntarily enter into the following agreement in lieu of disciplinary action, to comply with the LSUHSC fitness for duty and substance abuse policies and to follow the standards mentioned above....
I understand that LSUHSC will allow me to continue my employment/enrollment under the following conditions:
5. I agree to follow the directions and recommendations of CAP. I will participate in all required activities of any rehabilitation program and/or C/EAP treatment plan I am involved in.
6. I understand continuation of employment/enrollment is contingent upon entering into and successfully completing a treatment and/or aftercare program approved by LSUHSC and/or CAP and receiving a medical release form indicating my fitness for work/ school.
7. If I have tested positive for alcohol/drugs or have been diagnosed with an alcohol or drug problem I will submit to regular or irregular, unannounced and/or announced alcohol and/or drug screens as required by LSUHSC and my rehabilitation and/or CAP treatment plan.... I understand and acknowledge that the ... results of any tests, subsequent alcohol/drug related misconduct, a subsequent alcohol/drug test result, or refusal to test will be grounds for immediate termination of my enrollment.
11. I understand that any evidence of non-compliance with treatment guidelines, incomplete treatment, noncompliance with an aftercare program or failure to abide by any part of a Continuation of Employment/Enrollment Contract between LSUHSC and me will be grounds for immediate dismissal from the LSU School of Medicine.12
Notably, while the two “Fitness for Duty” contracts were substantially similar, the first agreement provided that a failure to comply with its terms could result in “suspension or termination,”
LSU then required plaintiff to undergo a three-day evaluation at Palmetto Addiction Recovery Center. After plaintiffs evaluation in March 2012, the attending physician at Palmetto sent a letter to CAP in which he diagnosed plaintiff as having “polysubstance dependence and narcissistic traits,” despite her negative drug screens.
In a letter dated April 5, 2012, Steve Nelson, Dean of the School of Medicine, dismissed plaintiff from the school.
On November 15, 2012, plaintiff brought an action under 42 U.S.C. § 1983 against the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, on behalf of the LSU Health Sciences Center Medical Center, and Dr. Steve Nelson, individually and in his capacity as Dean of the School of Medicine.
II. STANDARD
To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must plead enough facts to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. A court must accept all well-pleaded facts as true and must draw all reasonable inferences in favor of the plaintiff. Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 239 (5th Cir. 2009); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. 1996). But the Court is not bound to accept as true legal conclusions couched as factual allegations. Iqbal, 556 U.S. at 678, 129 S.Ct. 1937.
A legally sufficient complaint must establish more than a “sheer possibility” that plaintiffs claim is true. Id. It need not contain detailed factual allegations, but it must go beyond labels, legal conclusions, or formulaic recitations of the elements of a cause of action. Id. In other words, the face of the complaint must contain enough factual matter to raise a reasonable expectation that discovery will reveal evidence of each element of the plaintiffs claim. Lormand, 565 F.3d at 257. If there are insufficient factual allegations to raise a right to relief above the speculative level, or if it is apparent from the face of the complaint that there is an insuperable bar to relief, the claim must be dismissed. Twombly, 550 U.S. at 555, 127 S.Ct. 1955; Jones v. Bock, 549 U.S. 199, 215, 127 S.Ct. 910,166 L.Ed.2d 798 (2007); Carbe v. Lap-pin, 492 F.3d 325, 328 n. 9 (5th Cir. 2007).
III. DISCUSSION
A. Claims against LSU Board of Supervisors
1. § 1983 claim
Defendants argue that plaintiffs suit against the Board of Supervisors is improper because the Board is immune from suit as an arm of the state. Sovereign immunity under the Eleventh Amendment bars a state’s citizens from suing the state or its agencies in federal courts. Cozzo v. Tangipahoa Parish Council-President Gov’t, 279 F.3d 273, 280 (5th
Plaintiff nevertheless argues that her claims should not be dismissed if the Court accepts defendants’ contention that plaintiff suffers from drug abuse or psychological disabilities, because Congress abrogated state sovereign immunity in suits alleging violations of the Americans with Disabilities Act (ADA). See 42 U.S.C. § 12202. Since plaintiff has not brought a claim under the ADA, the alleged effects of the ADA on the Board of Supervisors’ immunity are irrelevant.
2. Breach of contract claim
Plaintiff also asserts a breach of contract claim against defendants, arguing that the school’s student handbooks, codes of conduct, and the Council of Professional Conduct’s “Rules of Procedure” set forth procedures that must be followed before disciplinary action is taken.
B. Claims against Dr. Nelson
1. § 1983 claim against Dr. Nelson in official capacity
Plaintiffs claims for money damages against Dr. Nelson in his official capacity must also be dismissed. A suit against a state official in his official capacity constitutes a suit against the state itself, which is barred by the Eleventh Amendment. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). But plaintiffs claim for injunctive relief against Dr. Nelson in his official capacity is not barred by state sovereign immunity. The doctrine of Ex parte Young serves as an exception to the rule that official capacity suits represent suits against the state. A state official sued in his official capacity for injunctive
To determine whether a plaintiff may maintain claims against a state official in his official capacity, “a court need only conduct a straightforward inquiry into whether [the] complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.” Verizon Md., Inc. v. Pub. Serv. Comm’n of Md., 535 U.S. 635, 645, 122 S.Ct. 1753, 152 L.Ed.2d 871 (2002) (internal quotation marks omitted). The Fifth Circuit has held that “a request for reinstatement is sufficient to bring a case within the Ex parte Young exception ' to Eleventh Amendment immunity, as it is a claim for prospective relief designed to end a continuing violation of federal law.” Nelson v. Univ. of Tex. at Dallas, 535 F.3d 318, 324 (5th Cir. 2008). Although in Nelson the Fifth Circuit addressed the employment context, the court’s holding appears to apply when a plaintiff seeks reinstatement to an educational program. See, e.g., Duncan v. Univ. of Tex. Health Sci. Ctr. at Hous., 469 Fed.Appx. 364, 367 (5th Cir. 2012) (affirming dismissal of student’s claims against school that expelled him, because although he sought injunctive relief, he named only the school as defendant, not state officials in their official capacities); Dupree v. Belton, No. 10-1592, 2013 WL 701068, at *3^4 (W.D.La. Feb. 26, 2013) (considering whether plaintiffs claim that school officials violated his rights in refusing to overturn his suspension entitled him to prospective injunctive relief). Because plaintiff alleges that her right to due process was violated and seeks injunctive relief in the form of reinstatement, her claim falls within the Ex parte Young exception and is not barred by the Eleventh Amendment.
Defendants argue, however, that plaintiff has failed to allege facts that establish a violation of federal law. Plaintiff contends that Dr. Nelson violated her right to due process by dismissing her from the medical school without notice and an opportunity to be heard. To state such a claim, plaintiff must allege facts sufficient to show (1) that she was deprived of a liberty or property interest protected by the Due Process Clause, and (2) that she was deprived of that interest without constitutionally adequate process. LaCroix v. Marshall Cnty., 409 Fed.Appx. 794, 803 (5th Cir. 2011). The Court assumes without deciding that plaintiff has a property or liberty interest in her continuing education at LSU. Defendant does not argue against the existence of such an interest, and both the United States Supreme Court and the Fifth Circuit have addressed due process claims by postsecondary students without expressly stating that students have a property or liberty interest in their studies. See, e.g., Bd. of Curators of the Univ. of Mo. v. Horowitz, 435 U.S. 78, 84-85, 98 S.Ct. 948, 55 L.Ed.2d 124 (1978); Ekmark v. Matthews, No. 12-50808, 2013 WL 1363545, at *1 (5th Cir. Apr. 5, 2013). But even assuming that plaintiff has an interest protected by the Due Process Clause, her claim cannot succeed because she was not denied due process.
In Goss v. Lopez, the Supreme Court held that a student subject to school disciplinary proceedings is entitled to some procedural due process.
Here, Fifth Circuit precedent compels a conclusion that plaintiffs dismissal was academic. The plaintiff in Shaboon v. Duncan had been dismissed from a medical residency program after she exhibited signs of mental illness, refused to cooperate fully with psychiatrists, and stopped taking her medication. 252 F.3d 722, 725-26 (5th Cir. 2001). The court characterized her dismissal as academic, since it implicated her fitness to perform as a doctor. Id. at 731 (“Although Shaboon’s intransigence might suggest that her dismissal was disciplinary, her refusal to acknowledge and deal with her problems furnished a sound academic basis for her dismissal.”). In addition to receiving negative evaluations, plaintiffs failure to follow the recommended treatment led her to miss clinical rotations and caused doctors to indicate that she was not ready to return to work. Id. The court therefore found that Shaboon was not entitled to a hearing and that her due process rights were not violated. Id.
This case is similar to Shaboon. Plaintiff was dismissed from medical school for failure to abide by the terms of the “Fitness for Duty/Drug Testing Continuation of Employment/Enrollment Contract.”
The foregoing analysis accords with authority in other Circuits regarding the distinction between academic and disciplinary dismissals. Surveying cases from the First, Sixth, and Seventh Circuits, the District Court for the District of New Mexico has distilled the principle that an academic dismissal will be found “where a student’s scholarship or conduct reflects on the personal qualities necessary to succeed in the field in which he or she is studying and is based on an at least partially subjective appraisal of those qualities.” Allahverdi v. Regents ofUniv. ofN.M., 05-277 JB/JDS, 2006 WL 1313807, at *12-13 (D.N.M. Apr. 25, 2006).
In sum, plaintiff is unable to show that her federal constitutional rights were violated in connection with her dismissal from the LSU School of Medicine. Accordingly, her § 1983 claims against Dr. Nelson in his official capacity must fail.
2. § 1983 claims against Dr. Nelson in individual capacity
In addition, Dr. Nelson contends that plaintiffs complaint fails to overcome his assertion of qualified immunity. Qualified immunity shields public officials from suit and liability under § 1983, “unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.” Babb v. Dorman, 33 F.3d 472, 477 (5th Cir. 1994) (internal quotation marks omitted). When a defendant invokes qualified immunity, the plaintiff bears the burden of demonstrating that the defense is inapplicable through a two-prong test. McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002) (en banc). Plaintiff first must “claim that the defendants committed a constitutional violation under current law.” Atteberry v. Nocona Gen. Hosp., 430 F.3d 245, 253 (5th Cir. 2005). Plaintiff must then claim that defendants’ actions were “objectively unreasonable in light of the law that was clearly established at the time of the actions complained of.” Id.
Because plaintiff has failed to state a claim for a constitutional violation, she has failed to overcome defendant’s assertion of qualified immunity. Plaintiffs’ § 1983 claims against Dr. Nelson in his individual capacity must be dismissed.
3. Breach of contract claim against Dr. Nelson
Because plaintiff brings her breach of contract claim against “defendants,” the Court assumes that it is asserted against both the Board of Supervisors and Dr. Nelson. The Eleventh Amendment precludes federal courts from exercising pendent jurisdiction over state law claims against state officials in their official capacities, but not claims against officials in their personal capacities. See Wilson v. UT Health Ctr., 973 F.2d 1263, 1271 (5th Cir. 1992). Yet plaintiff has failed to state a claim for breach of contract against Dr.
IV. CONCLUSION
For the foregoing reasons, the Court GRANTS defendants’ motion to dismiss plaintiffs § 1983 claims against the LSU Board of Supervisors and Dr. Nelson (both in his official and individual capacity), as well as plaintiffs breach of contract claim against both defendants.
. R. Doc. 1 at 3.
. Id.
. Id. at 4.
. R. Doc. 21-2.
. Id.
. R. Doc. 1 at 4.
. Id.
. Id.
. Id.
. Id. at 4-5.
. R. Doc. 21-3.
. Id. at 1-2 (first and third emphases added).
. R. Doc. 21-2 at 2.
. R. Doc. 21-3 at 2.
. R. Doc. 1 at 5.
. Id. at 6.
. R. Doc. 21-4.
. Id.
. R. Doc. 1 at 6.
. Id. at 6-7.
. Id. at 7.
. Id. at 7-8.
. R. Doc. 1.
. Id. at 9.
. Id. at 9-10.
. Id. at 10-11.
. R. Doc. 21.
. Plaintiff makes the same argument regarding her claims against Dr. Nelson in his official capacity, but this contention is also merit-less, due to plaintiff’s failure to bring a claim under the ADA.
. R. Doc. 1 at 9.
. In their motions, plaintiff and defendants focus on plaintiff's right to procedural due process, and thus the Court will not address
. See R. Doc. 21-4.
. R. Doc. 21-2; see also R. Doc. 21-3.
. R. Doc. 21-3 at 1.
. Id.
. R. Doc. 1 at 5.
. The court acknowledged the breadth of this definition, but determined that "a broad definition of academic is necessary to protect what the Supreme Court has stated is 'the historic judgment of educators’ to evaluate their students’ academic abilities.” Allakverdi, 2006 WL 1313807, at *13 (quoting Horowitz, 435 U.S. at 90, 98 S.Ct. 948).
. R. Doc. 1 at 5.
. The Court notes that offenses relating to a student's ability to succeed in his or her chosen field are rendered no less "academic” even if they could potentially subject the student to disciplinary sanctions as well. Mon
. R. Docs. 21-2, 21-3.
. R. Doc. 21-3 at 2; accord R. Doc. 21-2 at 2.
Reference
- Full Case Name
- Anna MATHAI v. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE and Steve Nelson
- Cited By
- 8 cases
- Status
- Published