Hartley v. Parnell
| Citation | 193 F.3d 1263 |
| Decision Date | 28 October 1999 |
| Docket Number | No. 98-6829,98-6829 |
| Parties | (11th Cir. 1999) Donald Wayne HARTLEY, as next friend of Erica Joy Hartley, Pamela H. Hartley as next friend of Erica Joy Hartley, Plaintiffs-Appellees, v. Tillman PARNELL, Superintendent of Education, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
[Copyrighted Material Omitted] Appeal from the United States District Court for the Southern District of Alabama. (No. CV-97-1002-CB-M), Charles Butler, Jr., Judge.
Before CARNES, Circuit Judge, HILL, Senior Circuit Judge, and HOEVELER*, Senior District Judge.
Defendant Tillman Parnell brings this interlocutory appeal from the district court's denial of his motion for summary judgment on the plaintiffs' 42 U.S.C. 1983 and Title IX claims against him in his individual and official capacities. Because we conclude that Parnell was entitled to qualified immunity on the claims against him in his individual capacity, we reverse the district court's denial of summary judgment with respect to those claims. We also conclude that we lack jurisdiction over Parnell's appeal of the denial of summary judgment on the official capacity claims.
In November 1996, plaintiff Erica Joy Hartley (Ms. Hartley) was a 16-year-old high school student at Washington County High School in Washington County, Alabama. In addition to her required classes, Ms. Hartley was enrolled in a two-hour drafting class offered at the county's vocational technical school, which was located on a separate campus from the high school. Ms. Hartley's drafting class was taught by Kenneth Godwin. Besides knowing Godwin from class, Ms. Hartley knew him socially from church. Also, she was friends with Godwin's 16-year-old son Kenny and had been a frequent guest in the Godwin house when visiting Kenny.
On November 1, 1996, Godwin took Ms. Hartley and eight other students from his drafting class to Birmingham to attend a two-day meeting of the Vocational Industrial Clubs of America, an organization several members of his class had joined. Godwin and the students stayed overnight at a Birmingham hotel. On the morning of November 2, 1996, Ms. Hartley and another student went to Godwin's room to ask him for the day's schedule. After talking briefly, Godwin directed the other student to return to her room. When Ms. Hartley attempted to leave, Godwin grabbed her, pulled her onto his lap, and hugged her. He then laid her down on the bed, ran his hands under her shirt, and rubbed her breasts. Eventually he picked her up, kissed her on the lips, hugged her again, and said "Kenny doesn't know what he's missing." After that he again rubbed her breasts before finally walking her to the door, saying, "You need to get ready." Ms. Hartley left and returned to her room.
Later that afternoon, on the drive back to Washington County, Godwin stopped at a gas station. While Ms. Hartley was getting money from her backpack, Godwin placed his hand under her shirt and again rubbed her breasts. As he did this, he said, "I'm cold." Later, after Godwin had returned all the other students, except Ms. Hartley, to their homes, he stopped on the side of the road and pulled Hartley onto his lap. Godwin told her, Finally, he added, "I'm not apologizing because you are my sweetheart." He then drove her home.
Godwin's acts came as a shock to Ms. Hartley. Godwin had never behaved in an inappropriate manner toward her in the past, he enjoyed a good reputation in the community, and he had never been accused of any sexual or otherwise improper behavior with his students. Because of her shock, Ms. Hartley did not report Godwin's acts to anyone but a few friends until her father confronted her after receiving an anonymous phone call. She then told her parents all that Godwin had done to her.
On November 11, 1996, Mr. Hartley contacted the local district attorney's office about his daughter's allegations, and that office immediately commenced an investigation. On November 13, 1996, at the suggestion of the district attorney's investigator, Ms. Hartley voluntarily wore a hidden microphone when she attended Godwin's class. It is unclear from the record whether Godwin said anything incriminating while he was being recorded on that occasion.
On the evening of November 13, 1996, Mr. Hartley reported his daughter's allegations to defendant Tillman Parnell, superintendent of the Washington County School Board. He also told Parnell the district attorney's office was conducting an investigation. This was the first time Parnell was informed of Ms. Hartley's allegations or the investigation. Although Parnell was Godwin's brother-in-law, the parties agree that before that time he had no reason to know of the allegations or to suspect that Godwin might engage in such behavior.
The next morning, Parnell met with Mr. and Mrs. Hartley, the principal of the Vocational School, and a school guidance counselor. Following that meeting, arrangements were made to separate Ms. Hartley from Godwin. Effective November 14, 1996, Ms. Hartley was removed from Godwin's class and placed in another class at the Vocational School.1 In addition Parnell says he left it to the principal and the guidance counselor to arrange supervision of school breaks in order to ensure the two were kept apart.
Parnell subsequently met with Godwin to discuss Ms. Hartley's allegations. Although Godwin admitted to kissing Hartley on the lips, he said it was an accident and that he had meant only to kiss her on the forehead. He also said he had touched her breast accidentally while trying to give her a hug. Parnell believed Godwin's explanation.
Aside from his meetings with Mr. and Mrs. Hartley and Godwin, Parnell did not conduct any other investigation into Ms. Hartley's allegations. Parnell explained that he did not initiate his own investigation because he believed the district attorney's investigation would be "a cut above" any investigative effort he could make and that the official investigation "relieved" him of doing his own investigation.
On November 21, 1996, Godwin was arrested and charged with child abuse, but he was subsequently released on bond. At the next Washington County School Board meeting following Godwin's arrest, Ms. Hartley told the board of her abuse by Godwin. At the conclusion of that meeting, Parnell announced that the board would not take any action against Godwin until the criminal charges against him were resolved. On April 15, 1997, Godwin entered a guilty plea to misdemeanor harassment and was sentenced to probation for one year. Thereafter, at a May 1, 1997 school board meeting, Parnell recommended to the board that Godwin be placed on probation for one year and that a letter of reprimand be placed in his file. Parnell, who had seen the documents relative to Godwin's plea and sentence, based his recommendation on the sentence given by the court. The board voted against Parnell's recommendation. Parnell did not lobby the board to act on his recommendation nor did he learn why certain members voted against it.
Following the board's decision to reject Parnell's recommendation, Ms. Hartley's parents reported Godwin to the Alabama State Board of Education. Since it was possible that the state board would choose to revoke Godwin's license, Parnell, whose term as superintendent expired July 1, 1997, did not make any further recommendation to the county school board concerning possible action against Godwin. After a hearing in August 1997, the state board revoked Godwin's teaching certificate in September 1997. The Washington County School Board then fired Godwin because he no longer had a certificate.
From November 14, 1996, the day Ms. Hartley was removed from Godwin's class, to his termination in September 1997, Godwin never touched, abused, or otherwise harassed Ms. Hartley. In fact, the only contacts Godwin had with Ms. Hartley at school after she was removed from his class were: (1) two occasions in which Godwin came into Ms. Hartley's classroom during class session, but not to see her; and (2) a few occasions in which Godwin passed Ms. Hartley at school while she was either getting off the bus, walking on the sidewalk, or coming from the break-room. Godwin never spoke to her on any of those occasions, except once when he simply said, "Good evening."
In October 1997, Ms. Hartley, by and through her parents as next friends, filed a six-count complaint against Parnell, the Washington County School Board, the county school board members, and Godwin. For purposes of this appeal, the only relevant claims are the three which were brought against Parnell in his individual and official capacities. Those three claims are as follows: (1) a 42 U.S.C. 1983 claim alleging that Parnell violated Ms. Hartley's Fourteenth Amendment substantive due process rights; (2) a 42 U.S.C. 1983 claim alleging that Parnell violated Ms. Hartley's Fourteenth Amendment equal protection rights; and (3) a claim alleging that Parnell violated Ms. Hartley's rights under Title IX of the Education Amendments of 1972 (Title IX), Pub.L. 92-318, 86 Stat. 235, 373 (1972), (codified as amended at 20 U.S.C. 1681 et seq.).
Parnell subsequently moved for summary judgment with respect to each of the three claims against him. In that motion, he argued he was entitled to qualified immunity on the individual capacity claims. By order dated October 9, 1998, the district court summarily denied Parnell's motion. Parnell then filed this interlocutory appeal.
On appeal, Parnell contends that the district court erred in denying him summary judgment on the basis of qualified immunity insofar as the claims against him in his individual capacity are concerned. He also contends that the court erred in denying him...
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