Deyo ex rel. D.N. v. Tomball Independent School District
Deyo ex rel. D.N. v. Tomball Independent School District
Opinion of the Court
MEMORAND UM AND ORDER
Pending is Defendants Tomball Independent School District, Robert Frost, Jill Hayes, and Chris Trotter’s Motion for Summary Judgment (Document No. 27). After carefully considering the motion, response, reply, and the applicable law, the Court concludes as follows.
I. Background
Principal Robert Frost (“Frost”) and Assistant Principal Jill Hayes (“Hayes”)’ were investigating a stink bomb incident at Tomball Intermediate School when “D.N.’s name was offered by other students as a possible person in possession of stink bombs.”
Hayes then began to search D.N. for the stink bombs while Frost was also present.
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D.N. called the object a belt buckle, but, when Hayes and Frost found the object, it
Hayes continued to search D.N. for the stink bombs and also to determine wheth- ■ er D.N. had any other “weapons.”
As a result of the search, Hayes found a dry erase marker with a nail in place of the felt tip, a written “Hit list,” and a written “Death List.”
Hayes brought D.N.’s mother, Plaintiff Laura Ricklin Deyo (“Plaintiff’ or “Ms. Deyo”), into the office from the “car ridership line,” where she had been waiting to pick up D.N. at the end of the school day.
D.N. was arrested and charged with felony possession of a prohibited weapon.
Taking into consideration D.N.’s past disciplinary history, intent, the fact that D.N. changed his story multiple times, the “Hit list” and the “Death List,” and that it “appeared to [Hayes and Frost] that the knuckles were perfectly capable of inflicting serious bodily injury,” Hayes and Frost recommended expulsion.
Assistant Superintendent Chris Trotter (“Trotter”) conducted the hearing. Ms. Deyo and Mr. N., D.N.’s father, were present, but D.N. was not at the hearing.
D.N.’s parents appealed to the Tomball ISD Board of Trustees (the “Board”) which, after a hearing, upheld the expulsion.
Two years later, Ms. Deyo, as next friend of D.N., filed this case in state court, alleging that Defendant Tomball Independent School District (“Tomball ISD”) wrongfully expelled D.N.
Rule 56(a) provides that “[t] he court shall grant summary judgment if the mov-ant shows that 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). Once the movant carries this burden, the burden shifts to the nonmovant to show that summary judgment should not be granted. Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir. 1998). A party opposing a properly supported motion for summary judgment may not rest upon mere allegations or denials in a pleading, and unsubstantiated assertions that a fact issue exists will not suffice. Id. “[T]he nonmoving party must set forth specific facts showing the existence of a ‘genuine’ issue concerning every essential component of its case.” Id. “A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record ... or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1). “The court need consider only the cited materials, but it may consider other materials in the record.” Id. 56(c)(3).
In considering a motion for summary judgment, the district court must view the evidence “through the prism of the substantive evidentiary burden.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986). All justifiable inferences to be drawn from the underlying facts must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). “If the record, viewed in this light, could not lead a rational trier of fact to find” for the non-movant, then summary judgment is proper. Kelley v. Price-Macemon, Inc., 992 F.2d 1408, 1413 (5th Cir. 1993). On the other hand, if “the factfinder could reasonably find in [the nonmovant’s] favor, then summary judgment is improper.” Id. Even if the standards of Rule 56 are met, a court has discretion to deny a motion for summary judgment if it believes that “the better course would be to proceed to a full trial.” Anderson, 106 S.Ct. at 2513.
III. Analysis
Plaintiff alleges under Section 1983 claims against all Defendants for violations of the Fourth and Fourteenth Amendments and malicious prosecution.
A. Plaintiffs Malicious Prosecution Claim
Defendants correctly argue that in the Fifth Circuit “ ‘malicious prosecution’ standing alone is no violation of the United States Constitution, and that to proceed under 42 U.S.C. § 1983 such a claim must rest upon a denial of rights secured under federal and not state law.” Castellano v. Fragozo, 352 F.3d 939, 942 (5th Cir. 2003) (en banc); see Cuadra v. Hous. Indep. Sch. Dist., 626 F.3d 808, 812 (5th Cir. 2010) (“To the extent that Cuadra alleges that the Appellees violated his constitutional rights by engaging in malicious prosecu
The initiation of criminal charges without probable cause may set in force events that run afoul of explicit constitutional protection — the Fourth Amendment if the accused is seized and arrested, for example, or other constitutionally secured rights if a case is further pursued. Such claims of lost constitutional rights are for violation of rights beatable in constitutional text, and some such claims may be made under 42 U.S.C. § 1983. Regardless, they are not claims for malicious prosecution and labeling them as such only invites confusion.
Castellano, 352 F.3d at 953-54 (emphasis added).
Neither Plaintiffs Second Amended Complaint nor Plaintiffs Memorandum in Response to Defendant’s Motion for Summary Judgment identifies a constitutional violation upon which the malicious prosecution claim is predicated. Accordingly, Defendants are entitled to summary judgment on Plaintiffs claim under § 1983 for malicious prosecution of D.N.
To the extent Plaintiff alleges a state law action against the Individual Defendants for malicious prosecution, the Court in its discretion declines to exercise supplemental jurisdiction, and dismisses that state law claim without prejudice. See 28 U.S.C. § 1367(c) (“The district courts may decline to exercise supplemental jurisdiction ... if ... (3) the district court has dismissed all claims over which it has original jurisdiction.”); see Enochs v. Lampasas Cty., 641 F.3d 155, 161 (5th Cir. 2011) (“Our general rule is to dismiss state claims when the federal claims to which they are pendent are dismissed.”).
B. Plaintiffs Fourteenth Amendment Claims
As part of Plaintiffs § 1983 claim, she argues that “D.N. was denied due process and equal protection under the law when he was issued the most severe punishment in the disciplinary scheme available to administrators in [Tomball ISD] without consideration of other factors.”
1. Due Process
When a state creates a public school system with mandatory attendance, the state cannot completely deprive the student of that property interest without due process of law. Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 736, 42 L.Ed.2d 725 (1975). In Goss, the Supreme Court held that, at minimum, a student facing a 10-day suspension “must be given some kind of notice and afforded some kind of hearing.” Id. at 738. The Court also recognized that more formal procedures may be required in cases of more severe punishments. Id. at 741. In the case of expulsion from a public education institution, the Fifth Circuit has held that due process
Additionally, the Fifth Circuit “has consistently held that a student who is removed from her regular public school, but is given access to an alternative education program has not been denied her entitlement to public education.” Swindle v. Livingston Parish Sch. Bd., 655 F.3d 386, 394 (5th Cir. 2011); Harris ex rel. Harris v. Pontotoc Cty. Sch. Dist., 635 F.3d 685, 690 (5th Cir. 2011) (“A student’s transfer to an alternative education program does not deny access to public education and therefore does not violate a Fourteenth Amendment interest.”).
When D.N. was told he was to be expelled through October 3; 2012, his parents were also advised that he would be admitted “at Harris County [Juvenile Justice Alternative Education Program (“JJAEP”)].”
Moreover, D.N. was accorded all process due under the requirements of the Due Process Clause of the Fourteenth Amendment. See Dixon, 294 F.2d at 158-59 (explaining the notice and hearing requirements necessary to satisfy due process). Assistant Principal Hayes gave written notice to D.N.’s parents of the claims against D.N., of the date, time, and place for the expulsion hearing, and invited the parents to contact Hayes if the date was not convenient for them so that a different date could be set.
2. Equal Protection
Defendants correctly argue that they are entitled to summary judgment on Plaintiffs equal protection claim because Plaintiff failed to provide evidence that D.N. received unequal treatment. “To maintain an equal protection claim, a plaintiff typically alleges that he received treatment different from that received by similarly situated individuals and that the unequal treatment stemmed from discriminatory intent.” Clayton ex rel. Hamilton v. Tate Cty. Sch. Dist., 560 Fed.Appx. 293, 297 (5th Cir. 2014) (quoting Club Retro, LLC v. Hilton, 568 F.3d 181, 212 (5th Cir. 2009)) (internal quotations omitted).
Plaintiff conclusorily claims, without providing evidentiary support, that other students in the Texas public school system “receive disciplinary consequences where the statutory factors are considered and weighed,”
C. Plaintiffs Fourth Amendment Claim
Plaintiff contends that Defendants violated D.N.’s Fourth Amendment right to be free from unreasonable searches and seizures when “Hayes, a female assistant principal, physically searched D. N., a young boy enrolled in sixth grade.”
1. Tomball ISD’s Liability under § 1983
A school district cannot be held liable on the theory of respondeat superi- or. Id. at 2036. Instead, “[mjunicipal liability under 42 U.S.C. § 1983 requires proof of 1) a policy maker; 2) an official policy; 3) and a violation of constitutional rights whose ‘moving force’ is the policy or custom.” Rivera v. Hous. Indep. Sch. Dist., 349. F.3d 244, 247 (5th Cir. 2003) (citing Piotrowski v. City of Houston, 237 F.3d 567, 578 (5th Cir. 2001)). A § 1983 plaintiff must support his claims with specific facts demonstrating a constitutional deprivation and may not simply rely on conclusory allegations. Streetman v. Jordan, 918 F.2d 555, 557 (5th Cir. 1990). Ac
An official custom or policy typically arises out of a pattern of activity; however, under limited circumstances, single episodes can also give rise to liability. See City of St. Louis v. Praprotnik, 485 U.S. 112, 108 S.Ct. 915, 924, 99 L.Ed.2d 107 (1988). For example, “[i]f the authorized policymakers approve a subordinate’s decision and the basis for it, their ratification would be chargeable to the municipality because their decision is final.” Id. at 926. The ratification theory of liability is limited to “extreme factual situations.” Peterson v. City of Fort Worth, Tex., 588 F.3d 838, 848 (5th Cir. 2009).
The Board upheld Trotter’s decision at a hearing held on June 11, 2012.
Plaintiff further argues, without support in the summary judgment evidence, that based on the “specialized knowledge and training that members of boards of trustees in public school districts (final policy makers) in Texas receive, they knew or should have known that the manner in which the investigation and punishment of D.N. was handled by school officials was illegal.”
2. The Individual Defendants’ Liability
In response to Plaintiffs Fourth Amendment claim, the Individual Defendants raise the defense of qualified immunity.
The Supreme Court has “recently reaffirmed that lower courts have discretion to decide which of the two prongs of qualified immunity analysis to tackle first,” and that lower courts should “think carefully before expending ‘scarce judicial resources’ to resolve difficult and novel' questions of constitutional or statutory interpretation that will ‘have no effect on the outcome of the case.’” Id. (quoting Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009)). Given this guidance, the court turns to the second prong of the analysis.
When considering a defendant’s entitlement to qualified immunity, we must ask whether the law so clearly and unambiguously prohibited this conduct that “every ‘reasonable official would understand what he is doing violates [the law].’ ” al-Kidd, 131 S.Ct. at 2083 (emphasis added) (quoting Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987)). To answer that question in the affirmative, we must be able to point to controlling authority-or a “robust ‘consensus of persuasive authority’ ” id. at 2084 (citing Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999))—that defines the contours of the right in question with a high degree of particularity.
Morgan v. Swanson, 659 F.3d 359, 371-72 (5th Cir. 2011) (en banc). In other words, the Supreme Court “do[es] not require a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.” al-Kidd, 131 S.Ct. at 2083 (emphasis added).
Plaintiff argues that “Hayes searched D.N. in an inappropriate and unreasonable manner” by reaching her hands into D.N.’s pockets to search for additional contraband after D.N. was found in possession of the knuckles buckle.
A search is justified “when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.” Id. at 743. Here, Frost and Hayes were investigating an incident involving stink bombs during which D.N.’s name came up multiple times.
In Safford Unified School District No. 1 v. Redding, the Supreme Court held that a strip search of a thirteen-year-old female student was “excessively intrusive” and unreasonable because the nature of the contraband she was accused of possessing (ibuprofen) was not dangerous, and there were no facts suggesting that the contraband was hidden in her underwear. 557 U.S. 364, 129 S.Ct. 2633, 2642-43, 174 L.Ed.2d 354 (2009). The Court made a distinction between searches of the student’s outer clothing and strip searching, indicating that a strip search “requir[ed] distinct elements of justification on the part of the school authorities for going beyond a search of outer clothing and belongings.” 129 S.Ct. at 2641.
Plaintiff cites to Redding, to argue the “sensitivities of adolescents subjected to physical searches.”
Plaintiff points to no authority holding under circumstances such as this, that a school principal’s or assistant principal’s search of a male student’s pockets by reaching into them while the student is fully clothed is an objectively unreasonable or unconstitutional search.
IV. Order
For the foregoing reasons, it is
ORDERED that Defendants Tomball Independent School District, Robert Frost, Jill Hayes, and Chris Trotter’s Motion for Summary Judgment (Document No. 27) is GRANTED IN PART and Plaintiff Laura Ricklin Deyo’s Section 1983 claims for vio
ORDERED that Plaintiff Laura Ricklin Deyo’s remaining state law claim for malicious prosecution against Defendants Robert Frost, Jill Hayes, and Chris Trotter is DISMISSED WITHOUT PREJUDICE.
Plaintiff is reminded that the period of limitations to file her state claim in state court is tolled for a period of thirty (30) days after the claims are dismissed unless state law provides for a longer tolling period. 28 U.S.C. § 1367(d).
The Clerk will enter this Order and provide a correct copy to all parties.
. Document No. 27-1 at 2 of 14.
. Id. at 2 of 14.
. Id. at 6 of 14.
. See id. at 2 of 14; Document No. 27-2 at 2 of 3.
. The parties dispute the circumstances of this initial search. According to Hayes's declaration, she "asked D.N. to take off his hood-ie jacket, and initially searched his hoodie's pockets.” Document No. 27-1 at 2 of 14. D.N. stated in his deposition that while he was sitting down, Hayes "reached over and put her hand in my jacket pocket and got the belt buckle out of my jacket pocket.” Document No. 27-5 at 7 of 37 to 8 of 37.
. Document No. 27-1 at 2 of 14; see also Document 27-3 at 6 of 17 to 13 of 17.
. Document No. 27-1 at 3 of 14; Document No. 27-3 at 9 of 17. Plaintiff argues that "at the crux of this case” is whether the metal object "is a weapon made to resemble a belt buckle or a belt buckle made to resemble a weapon.” The uncontroverted evidence is that when found in D.N.'s pocket, the object could not hold or be used as a belt buckle. Nonetheless, because on summary judgment the facts are viewed in the light most favorable to the non-movant, the metal object is sometimes referred to herein as the “knuckles buckle.” See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Gt. 1348, 1356, 89 L.Ed.2d 538 (1986).
. Document No. 27-1 at 3 of 14.
. Id. at 8 of 14.
. Id. at 3 of 14.
. Id.
. Document No. 27-5 at 17 of 37.
. Id. at 18 of 37.
. Document No. 27-1 at 3 of 14; Document No. 27-3 at 15 of 17; Document No. 27-4 at 2 of 10, 4 of 10.
. Document No. 27-1 at 3 of 14.
. Id.
. Id.; Document No. 27-3 at 17 of 17.
. Document No. 27-1 at 4 of 14.
. Id. D.N. stated, "I got it from k* * * * *’s friend B* * */S.B. I had them with me so I can give them to K* * * * * so K* * * * * can give it back to s* * * Id. at 10 of 14.
. Document No. 27-3 at 3 of 17. D.N. completed deferred adjudication for these charges on June 11, 2013. Document No. 17 at 8 of 11.
. Document No. 27-7 at 23 of 31 to 24 of 31 (emphasis in original).
. Id. at 29 of 31; see also Tex. Penal Code § 46.01(8) (defining "knuckles” using similar language).
. Document No. 27-1 at 4 of 14; Document No. 27-2 at 3 of 3.
. Document No. 27-1 at 14 of 14.
. Document No. 27-3 at 2 of 17.
. See generally Document No. 27-8.
. Id.
. Id. at 26 of 39; Document No. 28-3 at 3 of 3.
. Document No. 27-4 at 10 of 10. D.N.'s punishment was expulsion from May 7, 2012 through October 3, 2012, with D.N.'s continued education to be provided at the Harris County Juvenile Justice Alternative Education Program (“JJAEP”). Id.
. Document No. 27-3 at 3 of 17, Document No. 27-9.
. Id.; Document No. 27-6 at 10 of 17.
. Document No. 1-1 (Orig. Pet.).
. Document No. 17. By Order signed January 27, 2015, the Court' dismissed Plaintiff's Fifth Amendment and malicious prosecution claims against Defendant Tomball Independent School District. Document No. 20.
. Document No. 27.
. Document No. 17; as observed above at note 33, Plaintiff also alleged a Fifth Amendment violation, which was dismissed by Order signed January 27, 2015.
.Document No. 27.
. By Order signed January 27, 2015, Plaintiff’s claim against Tomball ISD for malicious prosecution pled under state law apart from section 1983 was dismissed as barred by sovereign immunity. Document No. 20.
. Document No. 28 at 6 of 20. The “other factors” to which Plaintiff refers include "(A) self-defense; (B) intent or lack of intent at the time the student engaged in the conduct; (C) a student’s disciplinary history; or (D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student’s conduct.” Tex. Educ.Code Ann. § 37.001(a)(4).
.Document No. 27 at 23 of 39 to 26 of 39; Document No. 29 at 10 of 13 to 11 of 13.
.Document No. 27-4 at 10 of 10. Under Texas law, "A juvenile justice alternative education program [("JJAEP”)] must focus on English language arts, mathematics, science, social studies, and self-discipline. Each school district shall consider course credit earned by a student while in a [JJAEP] as credit earned in a district school.” Tex. Educ. Code Ann. § 37.011(d). "Academically, the mission of juvenile justice alternative education programs shall be to enable students to perform at grade level.... [A] student enrolled in a [JJAEP] is reported as if the student were enrolled at the student’s assigned campus in the student’s regularly assigned education program, including a special education program.” Id. § 37.011(h).
. Document No. 27-1 at 4 of 14, 14 of 14.
. See id. at 14 of 14.
. Document No, 27-6 at 8 of 17. In his declaration, Trotter stated that “I allowed both Ms. Deyo and Mr. N to tell me whatever they wanted. I did not place any time limits on them or cut them off, but instead asked several times if they had anything else-they wanted to share with me.” Document No. 27-3 at 2 of 17.
. Document No. 27-9.
. Defendants correctly object to this blanket statement as "conclusory and highly speculative.” Document No. 29 at 10 n. 4 of 13.
. Document No. 28 at 7 of 20.
. Document No. 29 at 10 of 13. See alsq Document No. 27-1 at 4 of 14; Document No. 27-2 at 3 of 3; Document No. 27-3 at 3 of 17. Defendants argue that the remaining factors were not considered because they were not applicable to the resolution of D.N.'s case. See Document No. 29 at 10 n. 6 of 13.
. Document No. 28 at 3 of 20; Document No. 17 at 7 of 11.
. Document No. 27 at 33 of 39.
. Under Texas law, policymaking authority for an independent school district lies with the district's board of trustees. Jett v. Dall. Indep. Sch. Dist., 7 F.3d 1241, 1245 (5th Cir. 1993) (citing Texas Educ.Code Ann. § 23.01).
. Document No. 27-3 at 3 of 17.
. See generally Document No. 17-9.
. Document No. 27-6 at 9 of 17.
. Document No. 17 at 16 of 20.
. See generally Document Nos. 17,28.
. Document No. 27 at 33 of 39.
.Document No. 17 at 3 of 11; Document No. 28 at 4 of 20.
.Document No. 27-8 at 5 of 39 to 6 of 39.
.Document No. 27-1 at 6 of 14.
. Document No. 28 at 3 of 20.
. Document No. 28-2 at 3 of 4.
. Document No. 28 at 4 of 20.
. See generally Document No. 28 at 2 of 20 to 6 of 20.
Reference
- Full Case Name
- Laura Ricklin DEYO, as next friend of D.N. v. TOMBALL INDEPENDENT SCHOOL DISTRICT, Robert Frost, Jill Hayes, and Chris Trotter
- Status
- Published