Collins v. School Board of Dade County
Opinion of the Court
Teacher Robert Collins worked for the School Board of Dade County, Florida. In November 1983, some horseplay in one of his classes escalated into an altercation in which he bit a student. The School Board, following the recommendation of Superintendent Leonard Britton, suspended Collins for 10 days in January 1984.
On January 23, 1984, Collins requested an administrative hearing to review his suspension. Eight days later, the School Board forwarded Collins' request to the Florida Division Of Administrative Hearings (“DOAH”).
In 1989, Collins brought a 42 U.S.C. § 1983 action against five School Board members, Britton and other School Board officials, charging them with depriving him of his right to due process because of the lengthy postsuspension proceedings. Defendants asserted qualified immunity in their individual capacities, but the district judge expressly reserved ruling on this defense “pending the trial in this action.” Defendants appeal, contending that the district court should have granted them summary judgment.
Reserved Ruling Is Immediately Appealable
Defendants are entitled to immediate appeal when a district court denies their motion for summary judgment based on qualified immunity. Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 2817, 86 L.Ed.2d 411 (1985); Bennett v.
The district court’s order declining to rule on the qualified immunity issue pending trial effectively denies defendants the right not to stand trial. Because the “reserved ruling” is not materially different from an outright denial of a summary judgment motion, an immediate appeal on the qualified immunity issue is permissible.
That Collins has other claims pending against the School Board officials does not affect this determination.
Qualified Immunity For Postsuspension Proceedings
In Mitchell, 472 U.S. at 528, 105 S.Ct. at 2817 (1985), the Supreme Court wrote that
[a]n appellate court reviewing the denial of the defendant’s claims of immunity need not consider the correctness of the plaintiff’s version of the facts, nor even determine whether the plaintiff’s allegations actually state a claim. All it need determine is a question of law: whether the legal norms allegedly violated by the defendant were clearly established at the time of the challenged action ...
Collins claims that the 19 months from the time of his request for an administrative hearing to the resolution of his case clearly violated his due process right to prompt postsuspension proceedings. In Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 547, 105 S.Ct. 1487, 1496, 84 L.Ed.2d 494 (1985), the Supreme Court did note that, “[a]t some point, a delay in the post-termination hearing would become a constitutional violation.”
No controlling decision involved facts materially similar to the ones that are undisputed by Collins in this case; so, the law did not clearly proscribe defendants’ acts when they acted.
Although the hearing ultimately exonerated Collins, this fact entitles Collins to no retroactive relief against Dade County school officials for failing to exonerate him faster. At the time defendants acted by referring the Collins matter to the appropriate state agency and then by waiting for the ordinary process to conclude, they violated no clearly established law. Because the reserved ruling is immediately appeal-able and defendants are qualified for immunity on the postsuspension due process issue, we REVERSE the denial of summary judgment on qualified immunity and REMAND for further proceedings.
. Under School Board rules, defendants exercised no control over the hearing process from the time the hearing request was forwarded to the DOAH until the time of the hearing officer's recommended order. Florida Statutes § 120.-57(1) governed the hearing process.
. Collins also sued defendants in their official capacities and charged them with violating Florida state laws.
. The Supreme Court first recognized a due process right to a "prompt postsuspension hearing" in Barry v. Barchi, 443 U.S. 55, 66, 99 S.Ct. 2642, 2650, 61 L.Ed.2d 365 (1979), but did not define the contours of this right.
. At oral argument, Collins' lawyer also cited the older case of Thurston v. Dekle, 531 F.2d 1264 (5th Cir. 1976), in support of the claimed due process violation. Dekle discussed due process in the pretermination context and, therefore, cannot clearly establish the law in the postsuspension context.
.We do not mean to hint that now defendants’ acts would be unlawful. We do not consider that question.
. Even if the DOAH hearing officer were viewed as an agent of the Dade County School Board, defendants would not be subject to vicarious liability under § 1983. See Hutton v. Strickland, 919 F.2d 1531, 1540 n. 14 (11th Cir. 1990) (unless personally involved, sheriff had no § 1983 liability for acts of subordinates). In this case, Collins does not claim that any of the defendants were personally controlling the DOAH hearing process.
. We reject the suggestion that Collins was so plainly innocent of conduct that would justify a suspension that defendants clearly violated his constitutional rights by referring his case to the DOAH in the first place. And because Collins does not contend that the DOAH process is unconstitutionally slow and cumbersome in general, there could be nothing clearly unconstitutional about defendants’ decision to defer to the DOAH.
Reference
- Full Case Name
- Robert Lee COLLINS v. The SCHOOL BOARD OF DADE COUNTY, FLORIDA, Dr. Leonard Britton, Dr. Patrick Gray, Ethel Beckham, Paul L. Cejas, Robert Renick, William H. Turner, Janet R. McAliley, Frank Allan Howard, Jr.
- Cited By
- 1 case
- Status
- Published