Artis v. Francis Howell North Band Booster Ass'n, Inc.

• Decision Date: 09 December 1998
• Docket Number: R-III,No. 97-4320,97-4320
• Citation: 161 F.3d 1178
• Parties: 78 Fair Empl.Prac.Cas. (BNA) 1283, 74 Empl. Prac. Dec. P 45,659, 131 Ed. Law Rep. 23 Terry J. ARTIS, Appellant, v. FRANCIS HOWELL NORTH BAND BOOSTER ASSOCIATION, INC.; Francis HowellSchool District; Joseph Stacy, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1178

161 F.3d 1178

78 Fair Empl.Prac.Cas. (BNA) 1283,

74 Empl. Prac. Dec. P 45,659, 131 Ed. Law Rep. 23

Terry J. ARTIS, Appellant, v. FRANCIS HOWELL NORTH BAND BOOSTER ASSOCIATION, INC.;

Francis Howell R-III School District; Joseph

Stacy, Appellees.

No. 97-4320.

United States Court of Appeals,

Eighth Circuit.

Submitted June 11, 1998.

Decided Dec. 9, 1998.

Kenneth H. Gilbert, St. Louis, MO, argued, for Appellant.

Robert J. Tomaso, St. Louis, MO, argued (Celynda L. Brasher, St. Louis, MO, on the brief), for Appellees.

Before HANSEN and MURPHY, Circuit Judges, and DOTY, ¹ District Judge.

HANSEN, Circuit Judge.

Terry Artis was employed by Defendant Francis Howell North Band Booster Association, Inc. (Association) to provide supplemental instruction to the percussion section of the Francis Howell North High School marching band. After his termination by the Association, Artis, an African-American, brought an action against the three named defendants alleging employment discrimination based on race, racial harassment, and retaliation in violation of: (1) 42 U.S.C. §§ 1981 and 1983 (1996); (2) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1996); and (3) the Missouri Human Rights Act (MHRA), MO. ANN. STAT. § 213.010 et seq. (West 1996). Artis sought punitive damages under the MHRA. He also brought supplemental state law claims against the Association for breach of contract and defamation, and against Defendants Francis Howell R-III School District (School District) and Joseph Stacy (Stacy), the School District's band director, for tortious interference with contract. The district court ² dismissed all claims by summary judgment except the § 1981 race discrimination claim against the Association, the Title VII and MHRA race discrimination claims against the School District, the tortious interference claims against the School District and Stacy, and the breach of contract claim against the Association. A jury found for the defendants on all remaining claims except for the breach of contract claim against the Association, awarding Artis $3,200.

Artis appeals from the grant of summary judgment in favor of the defendants regarding: (1) the § 1983 claim against the School District; (2) the § 1983 claim against Stacy; (3) the Title VII retaliation claims against both the School District and the Association; and (4) punitive damages under the MHRA against the School District. We affirm.

I.

We review a summary judgment decision de novo, applying the same substantive standard applied by the district court, considering the facts in a light most favorable to the nonmoving party. See Aucutt v. Six Flags Over Mid-America, Inc., 85 F.3d 1311, 1315 (8th Cir.1996). The party seeking summary judgment must establish the absence of a genuine issue of material fact and his entitlement to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmoving party may not rest on his pleadings but must produce sufficient evidence to support the existence of the essential elements of his case on which he bears the burden of proof. See Celotex, 477 U.S. at 324, 106 S.Ct. 2548. Finally, we are not bound by the grounds relied on by the district court but may affirm on any basis supported by the record. Hanson v. FDIC, 113 F.3d 866, 869 (8th Cir.1997) (internal citations omitted).

II.

The Association is a nonprofit corporation organized by supporters of the marching band program, primarily parents of band members. It was organized to provide support for the Francis Howell North High School's marching band but receives no funding from the School District. The Association and School District have separate payroll systems. The Association is operated by an Executive Board, on which Stacy sits as an ex-officio member, though he is not permitted to vote on Association matters. Artis was paid directly by the Association and was hired and fired by the Association's Executive Board. Artis initially received his job by asking Stacy if he could work with the band. Stacy asked the Association to hire Artis, which it did. Artis entered into an agreement with the Association and with Stacy which provided that Artis would answer to Stacy. However, he had no employment contract with the School District.

During Artis's employment, Stacy allegedly made various racially derogatory comments to and about Artis. He also allegedly treated a black student who was ineligible for band due to his academic standing differently than he treated a white student, to whom he offered guidance so that the student could remain in the band program. Artis did not complain about or report any of the racial slurs made against him by Stacy until he approached Kyle Thrasher, the School's principal, about the disparate treatment of the students. Thrasher dismissed Artis's complaints, telling him Stacy was his boss and he would have to get along with Stacy or leave the campus. Artis consulted three assistant superintendents, including Daniel Brown, the School District's designated harassment complaint official, who likewise provided no assistance. Brown told Artis he would have to seek help from the Association because Artis was not an employee of the School District. Artis filed a grievance with the School District on October 4, 1994. That same week Stacy told the Association president he could not work with Artis. The Association fired Artis on October 13, 1994, at a meeting attended by Stacy, Thrasher, and Brown, allegedly for misconduct regarding the students and disruption of the band program. This suit followed.

III.

A. Section 1983 Claim Against the School District

Artis brought this § 1983 claim against the School District to enforce his rights under § 1981, i.e., not to be discriminated against on the basis of his race in the making and enforcing of contracts. See 42 U.S.C. § 1981(a). Though not specifically referenced in the statute, § 1981 applies to employment contracts. See Johnson v. Railway Express Agency, 421 U.S. 454, 459-60, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975). As indicated above, Artis was employed by the Association and entered into a contract with the Association and with Stacy. However, the School District was not a party to that contract.

A federal action to enforce rights under § 1981 against a state actor may only be brought pursuant to § 1983. See Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 735, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989) (Section 1983 "provides the exclusive federal damages remedy for the violation of the rights guaranteed by § 1981 when the claim is pressed against a state actor."). A governmental entity is not liable under § 1983 based on actions of its employees under a theory of respondeat superior. See Monell v. New York City Dep't of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Thus, the School District is not liable for discrimination occurring during the performance of the contract entered into between the Association, Artis, and Stacy (an employee of the School District) merely because Stacy signed the contract.

For the School District to be liable, Artis must prove that the School District had an official policy or widespread custom that violated the law and caused his injury. See id.; Board of County Comm'rs of Bryan County, Okla. v. Brown, 520 U.S. 397, 117 S.Ct. 1382, 1388, 137 L.Ed.2d 626 (1997); Springdale Educ. Ass'n v. Springdale Sch. Dist., 133 F.3d 649, 651 (8th Cir.1998); Kinman v. Omaha Pub. Sch. Dist., 94 F.3d 463, 467 (8th Cir.1996). The requirement of an official policy ensures that a school district is liable only for those acts which " 'may fairly be said to be those of the [district].' " Springdale Educ., 133 F.3d at 651 (quoting Brown, 117 S.Ct. at 1388). An alleged illegal custom must be widespread and may only subject a school district to liability if it is pervasive enough to have the "force of law." Id.

Artis's federal court complaint and his opposition to summary judgment allege acts by Stacy, Thrasher, and Brown. Artis alleged that Stacy made various racial comments, and that Thrasher made one comment regarding putting "this black and white crap down right now." Brown, the assistant superintendent, allegedly treated Artis in a cold, unhelpful way and told Artis that he would have to seek help from the Association because Artis was not a School District employee. Thus, Artis's complaint against the School District hinges on isolated comments made by the band director and one comment by the principal. Nowhere does he allege that the School District itself had an official policy endorsing racial harassment. Nor does he provide evidence that the School District delegated its policy-making authority, which generally lies in the school board, see MO. ANN. STAT. § 171.011 (West 1991), to any of these individuals. He has provided no evidence that the School District allowed or ignored other racial harassment. Assuming his allegations to be true, Artis has failed to prove that he was racially harassed pursuant to a policy or custom of the School District. His claim was properly dismissed. See Larson by Larson v. Miller, 76 F.3d 1446, 1453 (8th Cir.1996) (en banc) (noting that a school district's custom of either ignoring or authorizing unconstitutional activity by its employees must be the moving force behind the constitutional violation); Morton v. City of Little Rock, 934 F.2d 180, 183-84 (8th Cir.1991) (finding no § 1983 entity liability where there was no evidence that the city delegated policy-making authority to the police captain, whose actions were the basis for the claim).

B. Section 1983 Claim Against Stacy

Artis named Stacy as a defendant in this suit without expressly pleading against him in his individual capacity. A suit against a public official in his individual capacity requires that the public official be named in his personal capacity as an individual. If the...