Cavazos v. Edgewood Independent School Dist.
| Decision Date | 03 August 2005 |
| Docket Number | No. Civ.A.SA-04-CA-0679XR.,Civ.A.SA-04-CA-0679XR. |
| Citation | 400 F.Supp.2d 948 |
| Parties | Norma and Hector CAVAZOS, Plaintiffs, v. EDGE WOOD INDEPENDENT SCHOOL DISTRICT, Johnny Perez, Nora Perez, Ramiro Nava, Mary Lou Mendoza, Jesse R. Alcala, Marisol Martinez, George Garnica, Estefana C. Martinez, and Richard Bocanegra, Defendants. |
| Court | U.S. District Court — Western District of Texas |
Les Mendelsohn, Les Mendelsohn & Associates, P.C., San Antonio, TX, for Plaintiffs.
Robert A. Schulman, Ricardo R. Lopez, Feldman & Rogers, LLP, Mark A. Lindow, Lindow & Treat, L.L.P., San Antonio, TX, for Defendants.
This case concerns what can only be described as suspicious circumstances: A high school Principal with no previous reprimands is transferred in the middle of a school year. The allegations that she was insubordinate and that student performance was declining are highly suspect. The wife of the school board Vice-President loudly complains when her son is found with marijuana at school and the Principal recommends disciplinary action. Unfortunately, such suspicious circumstances do not equate to evidence sufficient to defeat a motion for summary judgment. Plaintiffs have filed this suit alleging Norma Cavazos was demoted from her position as Principal of John F. Kennedy High School in retaliation for exercising her First Amendment rights by reporting the criminal activity of the son of the Vice President of the Edgewood School Board, Johnny Perez, despite threats from Perez and his wife. In addition, Plaintiffs claim that the actions of the Perezes amounted to a civil conspiracy involving members of the School Board, and also that their actions were so extreme and outrageous as to constitute intentional infliction of emotional distress. Defendants move for summary judgment both on the basis of qualified immunity and on the merits. They argue that Norma Cavazos did not engage in speech regarding a matter of public concern, that there was no demotion, that any action taken against Norma Cavazos was not taken in retaliation for the exercise of free speech, and that there is no evidence to support Plaintiffs' claims.
Norma Cavazos was formerly the Principal of John F. Kennedy High School ("JFK"), located in the Edgewood Independent School District ("EISD"). Plaintiff began as Principal in August 2002. In February 2003, Nick Perez, the then-eighteen year old son of Edgewood Independent School Board Vice-President Johnny Perez, was apprehended on the JFK campus in possession of marijuana. Nick Perez was required to be removed to a disciplinary alternative education program. TEX. EDUC.CODE ANN. §§ 37.006, 37.008. According to Plaintiffs, Nick Perez was brought to the school office by the Vice-Principal, Angela Dominguez, who then had Mrs. Cavazos notified. Mrs. Cavazos arrived to find Nora Perez, the mother of Nick, at the office yelling at Dominguez. Mrs. Cavazos testified in her deposition and in her declaration that Nora Perez continued yelling and threatening Mrs. Cavazos and Dominguez with the loss of their jobs, and intimated, at the least, that her son should not suffer any adverse consequences because her husband, Johnny Perez, was Vice-President of the School Board. Soon after the confrontation in Dominguez's office, Johnny Perez arrived at the school and Mrs. Cavazos held a meeting with both Johnny and Nora Perez in her office. Mrs. Cavazos states that she told the Perezes that she had to treat Nick the same as any other student and that, pursuant to district policy, he would be suspended for three days and would then have a disciplinary hearing and be sent to the disciplinary alternative education program, but that when he returned to JFK he would have a "clean slate." Mrs. Cavazos further states that, "In my office ... Johnny turned to Nora and told her that I had to do my job, then he turned and looked at me and said, `and I will do, what I have to do.'" Mrs. Cavazos had Nick transported to the EISD Police Department where he was eventually released to his parents. Mrs. Cavazos recommended Nick's placement in the disciplinary alternative education program, where he was assigned for 30-45 days after a disciplinary hearing. The final decision as to discipline was made by George Dancause, the EISD Hearing Officer. No official action was taken by the Perezes as to this decision.
According to Mrs. Cavazos, Johnny Perez did not make any overt threats regarding her job status, or make any overt requests with regard to his son. Mrs. Cavazos states, however, that she felt "intimidated" by Johnny Perez's statement to her. Nora Perez, on the other hand, made numerous overt threats and requests regarding her son, according to Mrs. Cavazos. As alleged by Mrs. Cavazos, Nora Perez told Mrs. Cavazos that she would see to it that Mrs. Cavazos was fired if she did not refrain from acting against Nick regarding the marijuana incident, and again (in a subsequent meeting) told Mrs. Cavazos that she would make sure Mrs. Cavazos was removed from JFK if she did not fire a teacher who had made comments to Nick in class about the arrest. Mrs. Cavazos also alleges that Nora Perez stated at a December 2003 Board meeting that "if anyone hurt her son, she got revenge."1 It was Mrs. Cavazos's impression that the attitudes of Johnny Perez and other members of the School Board negatively changed towards her after the Nick Perez incident.
In October 2003, Richard Bocanegra replaced Leo Gonzales as EISD Superintendent.2 Prior to becoming Superintendent, Bocanegra was EISD Executive Director of Campus and Pupil Services. In this capacity Bocanegra had had some interaction with Mrs. Cavazos, as well as with both Johnny and Nora Perez. According to Bocanegra, he had no knowledge when he became Superintendent of the events surrounding Nick Perez, or of any altercations between Mrs. Cavazos and Johnny or Nora Perez, and the fact of the incident was never relayed to him. On January 28, 2004, Plaintiff was informed by Bocanegra that she was to be transferred, effective February 2, 2004, from the position of Principal of JFK to the position of "Principal" of the Competency Based High School ("CBHS"), an alternative high school for students who did not complete their high school education at their original school.3 According to her employment contract and EISD Policy, Mrs. Cavazos was subject to reassignment by the Superintendent at any time. Bocanegra states in his affidavit that he had found Mrs. Cavazos to be "insubordinate" and difficult to manage in his previous dealings with her. He also found an inordinate amount of employee grievances filed by JFK teachers, as well as what he perceived as declining student performance at JFK.
Though the previous head of CBHS had been labeled "Director," Mrs. Cavazos's title was labeled "Principal." The move to CBHS did not result in any loss of pay, reduction in salary, or loss of benefits; however, according to Plaintiffs' expert, the pay scale for EISD indicates that the pay grade for high school principal is two pay grades higher than for the CBHS administrator.4 There was never any explicit indication to Mrs. Cavazos that she might face termination or loss of pay. Mrs. Cavazos states that she spoke out against this transfer through the media. She apparently made statements to the effect that she believed she was being punished for following the rules with regard to the arrest of a school board member's son, though there is no indication as to when exactly these statements were made. Mrs. Cavazos went to work at CBHS from February 2, 2004 until some point prior to end of the school year in May 2004, when she voluntarily resigned. CBHS was closed following the end of the school year in May 2004.
Plaintiffs filed suit on April 27, 2004 in Texas state court. Defendants removed on July 30, 2004 after Plaintiffs' Amended Petition alleged a federal cause of action. The official capacity Defendants (EISD and all other Defendants, except for Nora Perez, in their official capacities) have included a counterclaim pursuant to TEX. EDUC.CODE ANN. § 11.161 in this Court.5 In their Second Amended Complaint, Plaintiffs allege causes of action under 42 U.S.C. § 1983 for retaliation in violation of Norma Cavazos's First Amendment rights, for conspiracy, for intentional infliction of emotional distress against Johnny and Nora Perez, and for loss of consortium on the part of Hector Cavazos. Defendants have filed a motion for summary judgment, both as to qualified immunity and as to the merits where qualified immunity does not apply. Defendants argue that there is no evidence to support Plaintiffs' contention that Mrs. Cavazos spoke on a matter of public concern, that no action was taken in retaliation for any protected speech, and that no evidence support Plaintiffs' contentions as to conspiracy or intentional infliction of emotional distress.
Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact and that the moving party is entitled to judgment as a matter of law." FED. R. CIV. P. 56(c). The moving party has the burden of showing that there is no genuine issue as to a material fact and that the moving party is entitled to judgment as a matter of law. Willis v. Roche Biomedical Lab., Inc., 61 F.3d 313, 315 (5th Cir.1995). Once the movant carries its initial burden, the burden shifts to the nonmovant to show that summary judgment is inappropriate. Fields v. City of S. Houston, 922 F.2d 1183, 1187 (5th Cir.1991). All justifiable inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., ...
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Doe v. Eanes Indep. Sch. Dist., Case No. A-19-CV-00538-LY
...facts to conclude this transfer rises to the level of an adverse employment action. Dkt. No. 1 at ¶ 21; Cavazos v. Edgewood Indep. Sch. Dist., 400 F. Supp. 2d 948, 957 (W.D. Tex. 2005), aff'd, 210 F. App'x 414 (5th Cir. 2006) (stating that the burden is on the plaintiff to present evidence ......
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Sossamon v. Cleburne Independent School District Board of Trustees, No. 10-08-00355-CV (Tex. App. 1/20/2010)
...concluded that the suit was "frivolous, unreasonable, and without foundation" under section 11.161. See Cavazos v. Edgewood Indep. Sch. Dist., 400 F. Supp. 2d 948, 966 (W.D. Tex. 2005), aff'd, 210 F. App'x 414 (5th Cir. We sustain Appellants' third issue. Conclusion We reverse the trial cou......