C.H. v. Sch. Bd. of Okaloosa Cnty.
| Decision Date | 10 June 2022 |
| Docket Number | CASE NO. 3:18cv2128-MCR-HTC |
| Citation | 606 F.Supp.3d 1186 |
| Parties | C.H., a minor, BY Russell HILLIGOSS and Tammy Hilligoss, his natural guardians, Plaintiff, v. The SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA ; Mary Beth Jackson ; Stacie Smith; Arden Farley; Alan Lambert; Jon Williams; Roy Frazier ; and Jean Hennion, Defendants. |
| Court | U.S. District Court — Northern District of Florida |
Dean Robert LeBoeuf, John M. Leace, Ryan Blake Hobbs, Talley Lee Kaleko, Ryan Philip Molaghan, Brooks Leboeuf Foster etc. PA, Tallahassee, FL, for Plaintiff a Minor.
Lisa Barclay Fountain, Michael Patrick Spellman, Robert Jacob Sniffen, Terry Joseph Harmon, Sniffen & Spellman PA, Tallahassee, FL, Vickie Allene Gesellschap, Sniffen & Spellman PA, Pensacola, FL, for Defendants School Board of Okaloosa County Florida, Mary Beth Jackson.
Jeannette Marie Andrews, Ramsey Dana Revell, Andrews Crabtree Knox etc., Tallahassee, FL, for Defendant Larry Ashley.
Kayla Elizabeth Platt Rady, Linda Bond Edwards, Rumberger Kirk & Caldwell PA, Tallahassee, FL, for Defendant Stacie Smith.
Joseph L. Hammons, Hammons Law Firm, Pensacola, FL, for Defendant Jon Williams.
Anthony M. Hoffman, William Steele Holman, II, Speegle Hoffman Holman & Holifield LLC, Mobile, AL, Jennifer S. Holifield, Cherniak Law LLC, Mobile, AL, for Defendant Roy Frazier.
This matter is before the Court on Defendant School Board of Okaloosa County, Florida's Motion for Summary Judgment (ECF No. 292). Plaintiff C.H. is a nonverbal, developmentally disabled child who alleges physical and verbal abuse at the hands of Roy Frazier, his exceptional student education (ESE) teacher, and Frazier's aide, Jean Hennion, while enrolled at Silver Sands School in Okaloosa County, Florida (Silver Sands), during the 2014–15 and 2015–16 school years.1 Through his parents, Russell and Tammy Hilligoss, C.H. filed the instant action against Frazier, Hennion, the School Board, and five other individual defendants.2
The School Board, as well as the other Defendants, previously filed a motion to dismiss (ECF No. 77), which the Court granted in part and denied in part (ECF No. 100). Specifically, with regard to the School Board, the Court dismissed C.H.’s claims for unreasonable seizure, disability discrimination under Fla. Stat. § 393.13, and negligent hiring but allowed C.H. to proceed with his claims for violation of his substantive due process and equal protection rights; civil conspiracy; disability discrimination; negligent training, retention, and supervision; and respondeat superior.3 The School Board has moved for summary judgment on the remaining claims. See ECF No. 292. Having carefully considered the motion, the record, and the applicable law, the Court finds the motion should be granted.4
C.H. was born on September 23, 2002. He suffers from epilepsy
, static encephalopathy, ADHD, myotonia, autism, mental retardation, and cognitive impairment. Because of his impairments, C.H. does not understand when he is told to do things and cannot meaningfully communicate with others. He requires constant care, including at school. As a result, C.H. was assigned a one-on-one aide—Warren Pace during the relevant time period; he also was placed on an Individualized Education Plan (IEP). For the 2014–15 and 2015–16 school years, C.H. was assigned to Frazier's classroom, in which Hennion assisted.
C.H. alleges that Frazier and Hennion physically and verbally abused him, as well as other ESE students at Silver Sands. In particular, C.H. alleges that throughout the approximate two-year period, Frazier pushed, flicked, and withheld food from him. C.H. also alleges Frazier regularly strapped him onto a stationary exercise bike, including when his one-on-one aide, Pace, went to lunch or was assisting Frazier with personal matters, and confined him in a cardboard box.6 On one occasion, Frazier struck C.H. in the chest with a closed fist so hard that it echoed across the classroom and caused red marks because C.H. was interfering with a personal conversation Frazier was having with a speech pathologist who was in the classroom. C.H. further contends that Frazier routinely locked him in a hot transport van while shopping at yard sales to obtain items for resale—excursions Frazier characterized as "field trips."7
Various individuals witnessed Frazier physically and verbally abuse his students, including C.H., and reported the abuse to school officials. During the 2014–15 school year, Gilmore reported to Lambert that Frazier had confined N.R. in the cardboard box. On a separate occasion, Gilmore advised Lambert that Frazier brought a bb gun into the classroom.8 During the conversation, Gilmore "broke down in tears" and "spilled a lot of things to" Lambert, including that Frazier was still "strapping [N.R.] in the bike chair to keep him from going places." ECF No. 298-28 at 11. Gilmore also told Lambert that Hennion, rather than Frazier, was preparing students’ IEPs and calling students bad names and that Frazier was flicking students’ ears, eating students’ food, and going to yard sales while leaving students in the vehicle. Gilmore believes she also reported to Lambert that Frazier had thrown shoes at students.
For the 2015–16 school year, Koch replaced Gilmore in Frazier's classroom. Koch witnessed the incident in which Frazier struck C.H. in the chest. According to Koch, C.H. reacted ECF No. 298-27 at 13. Approximately thirty minutes after the incident, Koch reported it to Lambert. Koch met with Lambert for approximately half an hour and advised Lambert, among other things, that he thought Frazier hitting C.H. constituted abuse. According to Koch, it appeared that Lambert was not listening to him and was dismissive of his complaint.9 Koch testified in his deposition that he left the meeting feeling like ECF No. 298-27 at 30.
Not long after the first meeting, Koch again reported Frazier's abuse to Lambert—to the best of Koch's recollection, because of an incident with D.M. that caused D.M. to defend himself in a violent manner and/or the inappropriate "field trips."10 ECF No. 298-27 at 18. After meeting with Lambert, Koch returned to the classroom, where Frazier approached him and asked, "do you really think that's abuse," to which Koch replied, Id. at 15. Koch testified that he explained to Frazier that "[t]his is not touching students to protect them from hurting themselves or others" and was "not a gray area." Id. at 15–16.
Koch believes he met with Lambert a third time regarding Frazier's conduct. Lambert, however, continued to ignore the reports. Koch's impression after each meeting was that Lambert wanted him out of his office and to "get him to stop crying and be done with him." Id. at 35. Following the last meeting, Koch was reassigned to another classroom—in Koch's opinion, in retaliation for reporting Frazier's abuse.
In early February 2016, Williams replaced Lambert as Principal of Silver Sands. On February 12, 2016, Janalou Mills, a teacher at Silver Sands, was having a conversation with Williams in his office when Frazier's name came up. Mills advised Williams that Frazier allegedly had punched a student, apparently misidentified as K.S., in the chest and dropped another student on his head. Mills reported what she had been told by Donna Koch, another teacher at Silver Sands, who reported what she had been told by her son, Kelsea Koch. The same day, Gilmore emailed Williams to report alleged misconduct by another teacher. She later met with Williams and told him about her experience in Frazier's classroom, including Frazier's inappropriate comments, strapping students to the exercise bike, and bringing a bb gun to school.
After receiving Gilmore's email, Williams spoke to Smith the same day and advised her of the concerns Mills brought to his attention. Williams also contacted the Florida Department of Children and Families (DCF) and reported that Frazier allegedly punched K.S. in the chest.11 Williams identified Kelsea Koch as a witness to the incident.
On February 16, Williams spoke to Richard White, a deputy with the Okaloosa County Sheriff's Office (OCSO). Williams reported to Deputy White that he had received a report that Frazier struck a thirteen-year-old ESE student, who Williams correctly identified as C.H., in the chest approximately two months earlier. According to Deputy White, Williams also reported that he had been informed that Frazier pinched and used pressure point techniques on students.
The same day, Farley visited Silver Sands to investigate the allegations. Williams forwarded Farley the February 12 email from Gilmore. Farley met with Koch, who submitted a handwritten statement describing Frazier's abuse, which he later supplemented with a typewritten statement providing additional details. Gilmore also submitted a written statement detailing Frazier's abuse, which Farley provided to Smith. On February 17, Smith notified Frazier that he had been placed on administrative leave, with pay.
On February 22, Farley met with Frazier to discuss the allegations against him and allow him an opportunity to respond. Frazier admitted to having inappropriate physical contact with students. When the investigation was complete, Farley prepared a final investigative summary, in which he confirmed "[t]here was sufficient evidence that Respondent Roy Frazier violated the Code of Ethics and Principles of Professional Conduct." ECF No. 298-37 at 9. Farley...
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