Wood v. Arnold
Opinion of the Court
The Establishment Clause of the First Amendment to the United States Constitution prohibits the "sponsorship, financial support, and active involvement of the sovereign in religious activity." Lemon v. Kurtzman ,
In this action, Plaintiffs Caleigh Wood and John Kevin Wood allege that Defendants Evelyn Arnold ("Principal Arnold") and Shannon Morris ("Vice Principal Morris") violated Ms. Wood's First Amendment rights by requiring her to study Islam as part of a World History course, and retaliated against Mr. Wood by banning him from school grounds after he exercised his First Amendment rights by complaining about the course. The following motions are presently pending before the Court: Plaintiffs' Second Motion to Alter or Amend the Complaint, ECF No. 47. Defendants' Motion for Summary Judgment, ECF No. 54, and Plaintiffs' Cross Motion for Summary Judgment, ECF No. 55. A hearing was held on November 6, 2017. Loc. R. 105.6 (D. Md. 2016). For the reasons stated below, the Court will grant Defendants' Motion for Summary Judgment and deny Plaintiffs' motions.
*571I. BACKGROUND
A. Factual Background
Caleigh Wood attended La Plata High School during the 2014-2015 school year ("Relevant Period"), during which she was an 11th grade student. ECF No. 54-13 at 2.
World History is a required course mandated by the Maryland State Department of Education, is part of the social studies curriculum, and is taught in the 11th grade at La Plata. ECF No. 54-2 at 3. During the Relevant Period, Ms. Wood was enrolled in a World History class taught by social studies teacher Trevor Bryden and received a passing grade. ECF No. 54-2 at 11; ECF No. 54-13 at 6, 7. The topic "Muslim World (including Islam)" was introduced in the World History class as part of the course unit on Middle Eastern empires. ECF Nos. 54-5 at 6; 54-2 at 14.
During the class, Ms. Wood was taught, inter alia , that "Most Muslim's [sic] faith is stronger than the average Christian [sic]"
Neither Principal Arnold nor Vice Principal Morris ever spoke with Ms. Wood about their religious beliefs during the Relevant Period or at any other time, nor did they suggest Ms. Wood practice the Islamic faith. ECF No. 54-13 at 8-9. Additionally, neither Principal Arnold nor Vice Principal Morris ever directed Ms. Wood to recite the live pillars of the Islamic faith, pledge allegiance to Allah, profess the Shahada or direct Ms. Wood to profess *572or write out faith statements concerning Islam. ECF Nos. 54-2 at 5-6; 54-3 at 2.
On Wednesday, October 22, 2014, Mr. Wood telephoned La Plata and left a voicemail in which he expressed his concern about the homework assignment that Ms. Wood had been given in Mr. Bryden's World History class. ECF No. 54-12 at 2, 3. On Thursday, October 23, 2014, Ms. Shanif Pearl, the administrative assistant, returned Mr. Wood's phone call in an attempt to resolve Mr. Wood's concerns. ECF Nos. 54-10 at 5-6; 54-2 at 4, 17. On the same day, Vice Principal Morris also telephoned Mr. Wood. At some point during that conversation, Mr. Wood stated that he was "going to create a shit storm like you have never seen."
Around the time she became aware of the conversation with Vice Principal Morris, Principal Arnold became aware of online posts by Mr. Wood on Facebook® that caused her to be increasingly concerned about the safe and orderly operation of La Plata. ECF Nos. 54-2 at 19; 54-4 at 3. In one post, Mr. Wood, while talking about his daughter studying Islam, states: "I just about fucking lost it ... My white ass is going into school on Monday and letting my feelings be known. Caleigh said her teacher was a Navy Seal. Can you guess what I said to that! I'm fucking livid!!!!!!." ECF No. 54-2 at 19. In response to a comment from a friend cautioning him not to get arrested, Mr. Wood responded that he would "try."
Principal Arnold sought the assistance of Central Office administrators regarding Mr. Wood's demeanor, his interactions with Vice Principal Morris, and Principal Arnold's growing concern for the safe and orderly operation of La Plata. ECF No. 54-2 at 4. In her email to Central Office, Principal Arnold states "At this point I am happy to call Mr. Wood myself but he doesn't appear to want to listen and instead wants to curse and scream. His demeanor on the phone was so extreme that I do have concerns about him coming up to the school. Since he works at Ft. Belvoir and states that he is a Marine, I am assuming that he has access to weapons." ECF No. 54-2 at 18. Principal Arnold also discussed her concerns with Sgt. Kaylor, who prepared a No Trespass Order for Principal Arnold's signature after reviewing the Facebook® posts. ECF No. 54-8 at 4-5. 8-9. Sgt. Kaylor informed Mr. Wood that a No Trespass Order was being issued against him. ECF Nos. 54-8 at 5; 54-4 *573at 8. Mr. Wood never contacted Principal Arnold to meet about rescinding the No Trespass Order. ECF No. 54-2 at 5.
B. Procedural Background
Plaintiffs filed the instant Complaint on January 27, 2016, seeking declaratory and injunctive relief, damages, and attorneys' fees under
II. STANDARD OF REVIEW
A party may move for summary judgment under Fed. R. Civ. P. 56(a). "The court shall grant summary judgment if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The movant has the "initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings ... together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett ,
Cross-motions for summary judgment require that the Court consider "each motion separately on its own merits to determine whether either of the parties deserves judgment as a matter of law." Rossignol v. Voorhaar ,
III. DISCUSSION
Plaintiffs' assert constitutional violations pursuant to
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding ...
A. Ms. Wood's First Amendment Establishment Clause Claim
Plaintiffs' claim that Defendants violated the Establishment Clause focuses primarily on a statement made by a teacher during Ms. Wood's World History class that "Most Muslims [sic] faith is stronger than the average Christian [sic]" (the "comparative faith statement"). ECF No. 55-1 at 10.
First. Plaintiffs argue that the comparative faith statement has no secular purpose because it does not teach any verifiable and objective facts about Islam. ECF No. 55-1 at 12. "In applying the purpose test, it is appropriate to ask 'whether the government's actual purpose is to endorse or disapprove of religion.' " Mellen v. Bunting ,
In considering the secular purpose of the comparative faith statement, as well as in the analysis of the second and third Lemon factors, it is important to consider whether the Court should view the statement in isolation or in the context of the curriculum as a whole. Plaintiffs contend that the Court should analyze this statement in isolation, divorced from the context of the class as a whole. During the hearing on the pending motions, Plaintiffs directed the Court to C.F. v. Capistrano ,
Generally, the study of religious texts and concepts can be secular in purpose. School District of Abington Township. Pennsylvania v. Schempp ,
The Supreme Court's decision in Abington is instructive here. There, in two companion cases, state laws required the Holy Bible to be read at the opening of each public school day.
*576Abington ,
Relying on Abington , the crux of Plaintiffs' argument is that because the comparative faith statement is not "objective." it cannot have a secular purpose. ECF No. 55-1 at 12. But notwithstanding the single comparative faith statement in the PowerPoint slide, the material was presented as part of an academic exercise and not a religious one. This is also true of the assignment that required the students to fill-in-the-blanks for the Shahada. The students were not being required to recite the Shahada daily, which would make it analogous to Abington , or to recite it at all. Nor were they required to memorize only that specific statement of faith, which could serve to highlight it. Rather, they were required to fill in statements to complete the Shahada along with a variety of factual statements related to Islam, including, but not limited to, the relevant continents, biographical information about the Prophet Muhammad, and the fact that Muslims, Christians and Jews all trace their ancestry to Abraham. ECF No. 1-2. Thus, it is clear that this was the sort of academic exercise Abington said would not run afoul of the Establishment Clause. The subjectivity of the single comparative statement does not strip away any and all secular purpose of the curriculum, and the curriculum as a whole did not violate the first Lemon prong.
Certainly the comparative faith statement, if taken literally in isolation, is not purely objective. As Defendants acknowledge, the statement "may have been wanting in accuracy or tact." ECF No. 25. However, even if the comparative faith statement was inartful or, to some, offensive, even in isolation, it is not entirely motivated by a purpose to advance religion. First, the statement does not serve as a direct attack on any particular religion or belief. The statement merely opines on the degree to which Muslims adhere to their own faith as compared to Christians. Second, the comparative faith statement was delivered by Mr. Bryden, who is a Christian.
Second, the Court must consider whether the primary effect of the comparative faith statement, in the context of the class, was to advance or endorse religion. See Mellen ,
Here, it is not "sufficiently likely" that a singular reference to a Muslim's strength of faith, or the class as a whole, suggests that Defendants have endorsed Islam. As stated above, the statement is made in the context of an academic study and placed in a PowerPoint slide addressing the issue of "Radical Fundamental Islam," making the point that fundamentalists represent a small portion of Islam. ECF No. 1-1 at 2-3. The record does not show that Defendants, or anyone else, drew any conclusions from this statement or inferred that because Muslims' purportedly have a stronger faith, Islam was seen by the school as a superior religion. Plaintiffs argue that because they are devout Christians, and the statement offended their beliefs as Christians, Defendants have endorsed Islam. But even if such a statement is deeply offensive to Plaintiffs, its offensive nature alone does not cause it to run afoul of the Establishment Clause. See Lee ,
Third, the Court must consider whether the comparative faith statement, or the curriculum itself, created an excessive entanglement between government and religion. See Lemon ,
Defendants' motion for summary judgment is granted as to Plaintiffs' Establishment Clause claim.
B. Ms. Wood's First Amendment Free Speech Claim
The requirement that Ms. Wood complete the fill-in-the blank assignment containing the Five Pillars of Islam, including the Shahada , implicates First Amendment protections against compelled speech. The Supreme Court has long held that the government may not compel the speech of private actors. See United States v. United Foods, Inc. ,
As alleged in the Complaint, "Defendants require that students write out and confess the Shahada, the Islamic Profession of Faith." ECF No. 35 at 15 (citing ECF No. 1 ¶ 7) (emphasis in original). Thus, at the Motion to Dismiss stage, the Court found that "while discovery and trial may or may not prove otherwise," as alleged, the activity crossed the line from learning about Islam to compelling Ms. Wood's belief in Islam. ECF No. 35 at 15-16 (comparing Barnette ,
Following discovery, the record is clear that Ms. Wood was not compelled to confess the Shahada ; rather, she was simply asked to understand the significance of the statement to Muslims. ECF No. 1-2 (under "Beliefs and Practices: The Five Pillars," Ms. Wood was asked to fill in the following blanks: "There is no god but ___ and Muhammad is the ___ of Allah"). In the hearing, Plaintiffs conceded that there is no evidence that Ms. Wood was required to recite the Shahada aloud or listen to other students recite the Shahada in the classroom-the only exercise was the fill-in-the-blank assignment, which did not present the Shahada in a way that suggested the students should believe in the words of the Shahada itself: Cf. Lee ,
*580C. Mr. Wood's First Amendment Claim
1. Retaliation
Plaintiffs allege that Defendants banned Mr. Wood from school grounds because "they disagreed with his viewpoint that his daughter should receive alternative assignments to Defendants' unconstitutional promotion of Islam ..." and their disagreement was "the sole reason for the no-trespass order." ECF No. 55-1 at 18. A plaintiff claiming First Amendment retaliation must demonstrate that "(1) [he] engaged in protected First Amendment activity, (2) the defendants took some action that adversely affected [his] First Amendment rights, and (3) there was a causal relationship between [his] protected activity and the defendants' conduct." See Constantine v. Rectors and Visitors of George Mason University ,
Defendants argue that they are entitled to summary judgment on Mr. Wood's retaliation claim because Mr. Wood did not engage in protected speech under the First Amendment. ECF No. 54-1 at 36. Not all speech is protected speech, and the narrowly limited classes of speech that remain unprotected include true threats. United States v. Cassidy ,
Here, Mr. Wood never made it to school grounds. Further, the record shows that Mr. Wood was attempting to speak out against his daughter's participation in the subject curriculum, and parents criticizing school officials are clearly protected by the First Amendment. Jenkins v. Rock Hill Local School Dist. ,
*581(internal citation and quotations omitted).
However, even if Mr. Wood engaged in protected speech. and the No Trespass Order inhibited his continued ability to do so, Plaintiffs cannot show a causal relationship between his protected speech and Defendants' decision to issue the No Trespass Order. The record indicates that Defendants issued the No Trespass Order based on its perception of the threats of disruption following notification of Mr. Wood's Facebook® posts, not in objection to Mr. Wood's protected speech.
• "My white ass is going into school on Monday and letting my feelings be known."
• "[a] 556 [type of ammunition] doesn't study Islam and it kills them fuckers every day."
• "I plan on using the paper [Ms. Wood's shredded homework assignment] as confetti on Monday!"
ECF No. 54-2 at 19, 20, 22.
Plaintiffs attempt to mitigate the confrontational nature of some of these posts. See ECF No. 55-1 at 16 ("Although oddly and amusingly, Defendants attempt to manufacture a threat out of confetti."). However, beyond voicing his opposition to the curriculum through, as Plaintiffs acknowledge, use of "coarse language," Mr. Wood suggested that he was going to cause a disturbance at La Plata High School.
Further, Principal Arnold's deposition testimony indicates that she perceived Mr. Wood's Facebook® posts as threatening and issued the No Trespass Order within an hour of discussing her specific concerns with her Central Office superiors. ECF No. 54-4 at 6-8: see also ECF No. 54-2 ¶ 15 ("I [Principal Arnold] regarded Mr. Wood's Facebook® posts as threatening, and I grew increasingly concerned about his potential disturbance at La Plata, particularly in light of the [flurry] of Homecoming activities and increased number of visitors during that time."). Her email to Central Office further demonstrates her safety concern as she expressed concerns about Mr. Wood's demeanor and the possibility he might have access to weapons. ECF No. 54-2 at 18.
2. Free Speech
In their Cross Motion for Summary Judgment, Plaintiffs introduce arguments that Defendants' issuance of the No Trespass Order was also an unconstitutional restriction on Mr. Wood's freedom of speech. See ECF No. 55-1 at 20 ("not only did Defendants ban Mr. Wood for exercising his First Amendment right to free speech, but the no-trespass order was also a prior restraint on his ability to exercise his First Amendment rights on school grounds in the future.") (emphasis in original). This additional First Amendment claim goes beyond the scope of the claims currently before the Court. Specifically, Claim III only alleges that the No Trespass Order was issued in retaliation for Mr. Wood's protected activity; it does not suggest that the No Trespass Order subsequently abridged Mr. Wood's free speech rights. While Mr. Wood's Procedural Due Process Claim, Claim IV, could be construed to include a claim under his First Amendment right to free speech, see ECF No. 39 ¶ 121, the Court previously dismissed this claim. Specifically, the Court found that Mr. Wood was provided with sufficient process and simply chose not to avail himself of procedures available to him. ECF No. 35 at 19-22. Thus, whether the arguments in Plaintiffs' Cross Motion reflect an attempt to state a claim never included in a Complaint or one that has already been dismissed, they are not relevant to any claim currently pending before the Court.
However, even if Mr. Wood's First Amendment tree speech claim is properly before the Court at this time, Plaintiffs are still not entitled to relief. In assessing a First Amendment free speech claim, a court must determine whether the plaintiff was engaged in protected speech, identify the nature of the forum in which the protected speech was raised, and assess whether the justifications for exclusion from the relevant forum satisfy the requisite standard. Goulart v. Meadows ,
For the designated and limited public fora, a court must apply either an "internal standard" to situations where "the government excludes a speaker who falls within the class to which a designated [limited] public forum is made generally available." or an "external standard" for all others. Goulart ,
Plaintiffs argue that as a parent of a student at La Plata, Mr. Wood is "undoubtedly within the class to whom parent/teacher conferences, Parent Teacher School Organization meetings and events, and celebratory events honoring his daughter at the school are made generally available," and Defendants' decision to issue the No Trespass Order is therefore subject to strict scrutiny. ECF No. 55-1 at 22 (emphasis in original); see also Bostic v. Schaefer ,
D. Ms. Wood's Article 36 Claim
Plaintiffs do not allege that Article 36 provides Ms. Wood with more expansive protections than she is entitled to under its federal corollary. Because the Court finds that Defendants did not violate Ms. Wood's First Amendment protections, the Court must also grant Defendants' Motion for Summary Judgment on Ms. Wood's Article 36 Claim and need not address whether Article 36 gives rise to a private cause of action for damages. See *584Booth v. Maryland Dept. of Public Safety & Correctional Services , No. RDB 05-1972,
IV. Motion to Amend
Separately. Plaintiffs move to file a Second Amended Complaint, ECF No. 47, in an attempt to add Bryden, Tuttle, Superintendent Kimberly Hill, and Assistant Superintendent Hollstein as named defendants. Plaintiffs allege that they only learned of these individuals' involvement following depositions taken on March 23 and 24, 2017, constituting good cause to amend their complaint pursuant to Federal Rule of Civil Procedure 16(b). ECF No. 47-1 at 2. However, the Court need not consider Plaintiffs' arguments, as the Court evaluated the alleged constitutional violations in their entirety, without regard to which actions were taken by the named defendants as compared to the proposed defendants. As such, Plaintiffs' motion is denied as moot.
V. CONCLUSION
For the foregoing reasons, the Court will grant Defendants' Motion for Summary Judgment, ECF No. 54, deny Plaintiffs' Cross Motion for Summary Judgment, ECF No. 55, and deny Plaintiffs' Second Motion to Amend/Correct the Amended Complaint, ECF No. 47. A separate Order follows.
Unless otherwise noted, the facts relied on are undisputed by the parties.
Pin cites to documents filed on the Court's electronic filing system (CM/ECF) refer to the page numbers generated by that system.
This statement appears on a PowerPoint slide attached to the original complaint, ECF No. 1-1, and Ms. Wood declares that this statement was included in an assignment she received. ECF No. 55-1 ¶ 8. However, Mr. Bryden states that while he provided all the material he had related to his World History course, including the slide, he docs not recall if the statement was actually presented to the class. ECF No. 56-5; ECF No. 56 at 7 n.4. As this is a disputed fact, the Court will construe this in favor of Plaintiff, for the purpose of resolving Defendants' motion, and assume the statement was in fact taught to Ms. Wood.
Mr. Wood states this was a reference to contacting lawyers and the media regarding the incident. Indeed, in her real-time memo regarding the call, Morris records that he said "I just want you to know that lawyers have been contacted and I'm going to create a shit storm like you have never seen." ECF No. 54-2 at 16.
A "556" is a reference to 5.56 millimeter caliber ammunition used in the U.S. Armed Forces' standard-issue rifle. See https://en.wikipedia.org/wiki/M16_rifle (last visited March 26, 2018).
"[T]he First Amendment's mandate that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof' has been made wholly applicable to the States by the Fourteenth Amendment." School District of Abington Township, Pennsylvania v. Schempp ,
In the Amended Complaint, Plaintiffs list a litany of objections to the study of Islam in the World History course, including the length of the unit. id. ¶ 9, focus on Islam over Christianity or Judaism, id. ¶ 55, omission of Islamic-related topics from the syllabus and textbook sent home with students as compared to that actually used in class, id. ¶ 5, reference to cultural practices placing women as subservient to men, id. ¶ 56, and discussions pertaining to "jihad," id. ¶ 53. But the motions for summary judgment focus almost entirely on the allegations that Ms. Wood was instructed that "Most Muslim's faith is stronger than the average Christian." id. ¶ 51 (citing ECF No. 1-1), and that Ms. Wood "had to profess the Shahada , by claiming, 'There is no god but Allah and Muhammad is the messenger of Allah.' " ECF No. 39 ¶ 52 (citing ECF No. 1-2).
As the Court recognized in its prior Memorandum Opinion, Lemon's three-part test provides a useful framework for evaluating Establishment Clause claims but need not be rigidly applied. ECF No. 35 at 14 n.7 (referencing other Establishment Clause tests, such as the coercion test and endorsement lest).
Plaintiffs provide deposition testimony from Amy Hollstein, former assistant superintendent of instruction, and Jack Tuttle, curriculum specialist, to suggest that the comparative faith statement was not factual and should not have been used in the classroom. See ECF No. 55-7 at 28:21-29:2 (Hollstein Answer: "I think faith is spiritual, and I think I have my own relationship with God, and I don't think you can calculate my own spirituality"); ECF No. 55-9 at 3 (Question: "If the teacher came up to you and said, I want to teach [the comparative faith statement], what would you advise the teacher?" Tuttle Answer: "Not to do that"). But whether or not school officials, in their own judgment, consider the subject material appropriate is immaterial to the Court's constitutional inquiry.
During the hearing, Defendants stated, and Plaintiffs did not dispute, that Mr. Bryden identifies as Christian.
While not explicitly stated, it would appear the slide seems designed to address Islamophobia, which the Court would view as a secular purpose.
In Mellen v. Bunting ,
While Plaintiffs allege that Defendants issued the No Trespass Order based on Mr. Wood's belief that the school was engaging in the unconstitutional promotion of Islam, ECF No. 55-1 (citing ECF No. 55-4 (declaration of J. Wood) ), Mr. Wood's unsupported speculation to this point cannot create a genuine issue of material fact necessary to survive a motion for summary judgment See Beale v. Hardy ,
While Plaintiffs contend there is a dispute regarding the tone and demeanor of Mr. Wood's communications, there is no dispute that the nature of the communication caused Principal Arnold serious concern as it is reflected in the email she sent at that time.
In the hearing, Plaintiffs suggested that Defendants' assertion of a perceived threat was a pretext for retaliation because if Defendants truly perceived that Mr. Wood was a threat, they would have taken more drastic action such as requesting additional police presence or social services intervention. However, the more reasonable inference to draw is that Defendants feared a disruption if Mr. Wood came to school grounds, not that Mr. Wood was coming to cause a disturbance or act of violence irrespective of the No Trespass Order. As such, the No Trespass Order was tailored to the perceived threat, as contemporaneously documented by Defendants, and was not a pretext for retaliation.
For the purpose of the analysis herein, the Court presumes that Mr. Wood's conduct was protected speech.
While Plaintiffs argue that Mr. Wood was categorically banned from all school-related activities for over a year, the record indicates that the "No Trespass Order could he rescinded if Mr. Wood calmly met with me [Principal Arnold] to discuss it." ECF No. 54-2 ¶ 17; see also ECF No. 54-8 at 7.
Reference
- Full Case Name
- Caleigh WOOD v. Evelyn ARNOLD
- Cited By
- 7 cases
- Status
- Published