BLACK STUDENTS, ETC., EX REL. SHOEMAKER v. Williams

• Decision Date: 29 September 1970
• Docket Number: No. 70-4 Civ. Ft. M.,70-4 Civ. Ft. M.
• Parties: BLACK STUDENTS OF NORTH FORT MYERS JR.-SR. HIGH SCHOOL ex rel. Mattie SHOEMAKER, by her parent Veronica Shoemaker, Luther Young, Jr. by his parent Ida Young, Beverly Felton, by her parent, Juanita Felton, Lillie Boston, by her parent Carrie Lee Boston, Lorenda Jenkins, by her parent Lillian Jenkins, Jimmie Lee Williams, by his parent Jimmie Lee Williams, Sr., Ronald L. Swain, by his parent Loretha Griffin, Flora McCray, by her parent Chester Harley, Rudolph Brown, by his parent Mary L. Jones, Roosevelt Dorris, Louis Silbert, Plaintiffs, v. Ray L. WILLIAMS, Superintendent of the Lee County School Board of Public Instruction, Joseph A. Beavo, Principal, North Fort Myers High School, Gilbert Moore, Dr. Robert Anderson, Morton Goldberg, Rayma Page, Sidney Parnell, Members of Lee County School Board, Defendants. State Board of Education of the State of Florida, Intervenor.
• Court: U.S. District Court — Middle District of Florida

317 F. Supp. 1211

BLACK STUDENTS OF NORTH FORT MYERS JR.-SR. HIGH SCHOOL ex rel. Mattie SHOEMAKER, by her parent Veronica Shoemaker, Luther Young, Jr. by his parent Ida Young, Beverly Felton, by her parent, Juanita Felton, Lillie Boston, by her parent Carrie Lee Boston, Lorenda Jenkins, by her parent Lillian Jenkins, Jimmie Lee Williams, by his parent Jimmie Lee Williams, Sr., Ronald L. Swain, by his parent Loretha Griffin, Flora McCray, by her parent Chester Harley, Rudolph Brown, by his parent Mary L. Jones, Roosevelt Dorris, Louis Silbert, Plaintiffs, v. Ray L. WILLIAMS, Superintendent of the Lee County School Board of Public Instruction, Joseph A. Beavo, Principal, North Fort Myers High School, Gilbert Moore, Dr. Robert Anderson, Morton Goldberg, Rayma Page, Sidney Parnell, Members of Lee County School Board, Defendants.

State Board of Education of the State of Florida, Intervenor.

No. 70-4 Civ. Ft. M.

United States District Court, M. D. Florida, Tampa Division.

September 29, 1970.

Spencer L. Smith, Homestead, Fla., John Platt, Ft. Myers, Fla., for plaintiffs.

Emmet B. Anderson, Fort Myers, Fla., for defendants.

Stephen Marc Slepin, Tallahassee, Fla., for intervenor.

SUMMARY JUDGMENT

KRENTZMAN, District Judge.

This is a class action pursuant to Rule 23(a), (b) (2), F.R.Civ.P., the class consisting of all black high school students enrolled at North Fort Myers Junior-Senior High School who were suspended by defendants on February 12, 1970. The Court has jurisdiction under the terms of 28 U.S.C. § 1343.

The complaint seeks injunctive relief as authorized by 42 U.S.C. § 1983 to restrain the enforcement of a policy established by defendants which is alleged to call for the automatic suspension of students who seek to redress their grievances by means of peaceful, orderly demonstrations or walkouts.

Plaintiffs claim that their suspensions were in violation of the United States Constitution because (a) they were suspended without a hearing, in violation of the Due Process Clause of the Fourteenth Amendment, and (b) they were suspended for exercising their First Amendment rights.

A hearing on plaintiffs' motion for summary judgment was held on June 17, 1970. The Court concludes that there is no genuine issue as to any material fact with regard to the due process claim, and that therefore plaintiffs are entitled to judgment as a matter of law. Rule 56, F.R.Civ.P. Discussion of the First Amendment claim is thus unnecessary.

THE FACTS

On December 5, 1968, the defendant school board met and adopted a policy of automatically suspending students who participated in demonstrations or walkouts. The official minutes of the board read as follows:

"Superintendent Williams reported incidents occurring at two of the secondary schools.

The Cypress Lake Junior-Senior High School received a crank phone call this morning that a bomb was in the school. This was handled by school and sheriff authorities.

The second incident was at the North Fort Myers Junior-Senior High School where approximately 80 students walked out of the school protesting the suspension of a student who refused, after many requests by the school administration to cut his hair.

The Board supported the administrative procedure followed and re-emphasized the power of the principal to suspend students involved in this type of demonstration.

The Board stated that any student who participated in a student walkout or demonstration against school rules or discipline should receive an automatic suspension."

On February 12, 1970 over 100 black students at North Fort Myers Junior-Senior High School staged a walkout to voice their grievances. The parties disagree as to the nature of the grievances and their merit; nor can they agree whether the walkout was peaceful, although the minutes of the school board quoted below state that the "group was orderly and well-behaved."

On the evening of February 12, 1970, the defendant school board and defendant superintendent met in a special meeting to consider the walkout. It was decided that the protesting students would be suspended for 10 days; however, after one week they would be permitted to return to school if they appeared accompanied by their parents.

"Chairman Moore stated that although this meeting was called for the purpose of resolving the Middle School matter, the Superintendent has a report of something that happened at one of the schools today.

Superintendent Williams reported the walk-out of approximately one hundred (100) students at the North Fort Myers Junior-Senior High School. The group was orderly and well-behaved. They were met by deputies who kept the roads clear as they marched from the school, down Pondella Road, across the Edison Bridge toward the Dunbar Recreation Center.

Reverend J. L. Stephens of the St. Johns Baptist Church asked the students to go to the Church, where he talked to them. Superintendent Williams also went to the Church and listened to the conversation. The students were dissatisfied with the celebration of Negro History Week, feeling they should have been allowed more time and publicity for their programs.

When questioned, the Superintendent informed the students he was surprised they had walked out, that if they had any problems a committee should have come to his office to see him.

Superintendent Williams informed the Board one boy seemed to be the chief instigator, also it was reported that a couple of adults were involved who should have known better. He told the students that no immediate changes of any kind are planned, that when the Civics programs are worked up for next year Negro History can be included in the curriculum, not as a special program but as part of the regular program.

A committee of students is meeting tonight with some adults to formulate what they would like to have and this will be reported later.

Superintendent Williams stated the School Board Policy calls for automatic suspensions of students who walk out. The length of time and terms of return will be worked out tonight by the Administration and this information will be given to the news media so the parents can be informed.

* * * * * *

Motion by Mr. Parnell and seconded by Dr. Anderson that in consideration of the walk-out, that all those students who were involved in the walk-out shall be suspended until the morning of the 19th of February, after which time prior till the 10 days the parents may attend with them for readmission to their school and those who are judged to be guilty of inciting the walk-out shall serve no less than the ten (10) days suspension.

Mrs. Page remarked that in voting on this Motion, she hopes we will remember as a Board that no matter what school has a walk-out or demonstration such as this we are setting a precedent.

Mr. Parnell stated it is safe to say at this point the Board is more lenient in an effort to have some understanding and tolerance of these actions and it can be said we can expect to become more severe in time to come.

Mr. Parnell then said the above is his own personal feelings, however, other members of the Board endorsed the statement."

On the following day, February 13, 1970, the defendant Beavo, Principal of North Fort Myers Junior-Senior High School, sent the following letter to the parents of the students who had participated in the walkout:

"To the parent or guardian of ______.

At the direction of the Lee County Board of Public Instruction, I am writing you this letter to enforce the policy enunciated by the board at their meeting of the evening of February 12, 1970, as follows:

That all students who were involved in the walkout at North Fort Myers High School on February 12, 1970, be suspended from school for a period of ten (10) days. Any student who appears at the school with his parent or guardian on Monday, Tuesday, Wednesday, Thursday, or Wednesday evening between 7:00 P.M. may be readmitted to the school on Thursday morning, February 19, by the principal.

Therefore, your son/daughter is so suspended.

In the case of a bonafide illness and upon your appearance at the school with your child, readmission will be considered.

Very truly yours Joe A. Beavo, Principal."

The parties cannot agree who actually suspended the plaintiffs. According to plaintiffs, it was the school board. D...