C.W.P. v. Brown

• Decision Date: 26 September 2014
• Docket Number: No. 4:12–cv–00094–DMB–JMV.,4:12–cv–00094–DMB–JMV.
• Parties: C.W.P., a minor child, and Michael Phillips, individually and as parent and next friend to C.W.P., Plaintiffs v. Malcolm BROWN, individually and in his official capacity as Principal of Simmons High School; The Hollandale School District; James Johnson–Waldington, individually and as Superintendent of the Hollandale School District; and Jobanna Frye, individually and as Assistant Superintendent of the Hollandale School District, Defendants.
• Court: U.S. District Court — Northern District of Mississippi

56 F.Supp.3d 834

C.W.P., a minor child, and Michael Phillips, individually and as parent and next friend to C.W.P., Plaintiffs

v.Malcolm BROWN, individually and in his official capacity as Principal of Simmons High School; The Hollandale School District; James Johnson–Waldington, individually and as Superintendent of the Hollandale School District; and Jobanna Frye, individually and as Assistant Superintendent of the Hollandale School District, Defendants.

No. 4:12–cv–00094–DMB–JMV.

United States District Court, N.D. Mississippi, Greenville Division.

Signed Sept. 26, 2014.

Luther C. Fisher, IV, Luke Fisher Law, PLLC, Oxford, MS, for Plaintiffs.

Bennie Lenard Richard, Richard Law Firm, PLLC, Greenville, MS, J. Tucker Mitchell, William Clayton McDonough, Mitchell Day PLLC, Ridgeland, MS, for Defendants.

MEMORANDUM OPINION AND ORDER

DEBRA M. BROWN, District Judge.

This race discrimination action is brought by Michael Phillips, and his son C.W.P., a minor child formerly enrolled at Simmons High School in the Hollandale School District of Mississippi. The amended complaint asserts claims against: (1) the Hollandale School District; (2) Malcolm Brown, individually and in his official capacity as the principal of Simmons High School; (3) James Johnson–Waldington, individually and in his official capacity as Superintendent of the Hollandale School District; and (4) Jobanna Frye,¹ individually and in her official capacity as Assistant Superintendent of the Hollandale School District. Two 12(b)(6) motions are before the Court: (1) a motion to dismiss filed by Brown, Johnson–Waldington, and Frye (“Individual Defendants”) in their individual capacities, Doc. # 37; and (2) a motion to dismiss filed by the Hollandale School District and the Individual Defendants in their official capacities, Doc. # 38.

I12(b)(6) Standard

As a general matter, “[a] pleading that states a claim for relief must contain ... a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). When a complaint falls short of this directive, a defendant may move to dismiss the claim for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). In considering the interplay between Rule 8 and Rule 12, the United States Supreme Court has explained that:

To survive a motion to dismiss [for failure to state a claim], a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.

Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (internal citations and punctuation omitted) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555–58, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Under this standard, a “court must accept all well-pleaded facts as true and view those facts in the light most favorable to the plaintiff.” Harold H. Huggins Realty, Inc. v. FNC, Inc., 634 F.3d 787, 803 n. 44 (5th Cir.2011) (internal quotation marks and punctuation omitted).

IIFactual Allegations

A. Relevant Persons

In the fall of 2011, Plaintiff C.W.P. entered his senior year at Simmons High School (“SHS”), which is located in Hollandale, Mississippi, in the Hollandale School District. Doc. # 26 at ¶¶ 5–6. C.W.P. was the only white student in his senior class. Id. At the time period relevant to this suit, Defendant Malcolm Brown served as Principal of SHS, id. at ¶ 33; Defendant Jobanna Frye served as Assistant Superintendent of the Hollandale School District, id. at ¶ 59; and Defendant James Johnson–Waldington served as Superintendent of the Hollandale School District, id. at ¶ 63.

B. Selective Enforcement of School Policies

During C.W.P.'s senior year, SHS maintained a written policy under which students who drove to campus were required to turn in their car keys at the beginning of each school day. Doc. # 26 at ¶ 8. The school also required that students driving to campus provide proof of car insurance and registration. Id. at ¶ 16. Although “a number of black students” and Plaintiff drove to school regularly, the car policies went largely un-enforced. Id. at ¶¶ 9–10 & 16.

Sometime during C.W.P.'s senior year, Brown and other school officials, including Vice Principal Carlos Thompson, “began demanding that C.W.P. turn his keys in.” Id. at ¶ 10. On one occasion, Thompson “yelled” at C.W.P. regarding the key policy. Id. at ¶ 11. Thompson subsequently apologized for this action. Id.

School officials did not enforce the key policy against African American students who drove to school. Doc. # 26 at ¶ 12. When C.W.P. complained about the unequal enforcement, “school administrators ... claimed to not be aware of the number of black students who were driving to school every day.” Id. at ¶ 14.

Also during his senior year, school officials requested that C.W.P. provide insurance and registration documents for his car. Doc. # 26 at ¶ 16. Despite the fact that school administrators were aware of African American students driving to school, C.W.P. was the only student forced to comply with the insurance/registration policy. Id.

After receiving complaints from C.W.P. and his father Michael Phillips, school officials ceased efforts to enforce the automobile policies against C.W.P. Id. at ¶ 17.

In addition to disparate treatment under the automobile policies, the plaintiffs allege that school officials required Michael Phillips to sign C.W.P. out of school on days C.W.P. needed to leave early to go to a job. Doc. # 26 at ¶ 18. According to the plaintiffs, this practice “was highly inconvenient.” Id. African American students, in contrast, could leave early without a parent/guardian signature. Id.

C. Graduation Event Payments

Commensurate with school policy, parents were required to pay to SHS: (1) $85 as “senior dues” for a senior picnic and rental of caps and gowns for graduation ceremonies; and (2) $110 for a “required outfit” for a “senior class night.” Doc. # 26 at ¶¶ 23, 25. Michael Phillips made both of these payments on behalf of C.W.P. Id. at ¶¶ 24–25.

D. “Senior Skip Day”

Approximately two weeks before the end of classes in 2012, the senior class held a “senior skip day.” Doc. # 26 at ¶ 19. Senior skip day was a “tradition” SHS “never [had] any problems with ... in the past.” Id. at 20.

On the day of the senior picnic, students in the senior class were told to report to the school gymnasium. Doc. # 26 at ¶¶ 26–28. Inside the gym, Brown informed the class that the senior picnic had been canceled due to “participation in the ... ‘senior skip day.’ ” Id. at ¶ 29.

Following Brown's announcement, the senior class became “angry and rambunctious.” Doc. # 26 at ¶ 30. Some students threatened to “start a disturbance” if the money paid for the picnic was not returned. Id. When the students began expressing their anger, C.W.P. stood by “Officer Delaney” “to stay out of it.” Id. at ¶ 31. Officer Delaney then attempted to calm the students down. Id. at ¶¶ 32–33.

After Officer Delaney calmed the students down, Brown turned away from the students to speak to another person.Id. While Brown's back was turned, an African American student began texting on her cell phone. Id. at ¶ 33. At the same time, C.W.P. received a telephone call from his father. Id. at ¶ 34. C.W.P. answered the phone, which was on “vibrate” mode, and turned away from the group so as to “not create a distraction.” Id. at ¶¶ 34–36.

Sometime during C.W.P.'s conversation with his father, Brown turned back to face the senior class. Doc. # 26 at ¶ 37. Brown observed the African American student with her phone out and asked if she was texting. Id. The student denied texting and placed her phone down. Id. Brown then “accused” C.W.P. of texting and demanded that C.W.P. turn the phone over to Vice Principal Thompson. Id. at ¶ 38. C.W.P. turned the phone off and gave it to Thompson. Id. at ¶ 39. Thompson received the phone and unsuccessfully attempted to turn the device on. Id.

When C.W.P. turned over his phone to Thompson, Brown “launched into an angry and openly racist tirade.” Doc. # 26 at ¶ 41. During this speech, Brown stated that “white people had been the dominant race, but that black people were tired of being held back by the white people and being controlled by them.” Id. Brown also stated that it was “time for a change,” and that “it was time for [African Americans] to step up and take over and to be the dominant race now.” Id. at ¶ 42.

During this speech, “several” of C.W.P's classmates pointed out to Brown that C.W.P. was in the room. Doc. # 26 at ¶ 43. Brown responded that “no one white person is going to hold me back from giving my speech to the rest of you.” Id. at ¶ 44. Brown's remarks lasted approximately five minutes. Id. at ¶ 45.

After Brown finished speaking, C.W.P. asked Brown if he could remove the memory card from his phone.² Doc. # 26 at ¶ 48. Brown responded, “no.” Id. When C.W.P. “calm[ly] and respectful[ly]” questioned this response, Brown “exploded” and began yelling “get out of my school. I run things.” Id. at ¶¶ 50–51. Brown then told C.W.P. that he would not be allowed to graduate or ever return to SHS. Id. Following this pronouncement, Brown escorted C.W.P. out of the school. Id. at ¶¶ 52–53.

On the way out of the school, C.W.P. asked a friend if he could borrow a phone to call his father. Doc. # 26 at ¶ 53. Brown told C.W.P.'s friend that if the friend gave C.W.P. the phone, Brown would take the phone and kick the friend out of school. Id. Brown also prohibited the friend, who...