Curtis v. Oklahoma City Public Schools Bd. of Educ.

• Decision Date: 16 June 1998
• Docket Number: No. 89,No. 96-6134,O,89,96-6134
• Citation: 147 F.3d 1200
• Parties: 74 Empl. Prac. Dec. P 45,603, 127 Ed. Law Rep. 627, 14 IER Cases 301, 49 Fed. R. Evid. Serv. 946, 98 CJ C.A.R. 3132 William Price CURTIS, Plaintiff-Appellant, v. OKLAHOMA CITY PUBLIC SCHOOLS BOARD OF EDUCATION, Independent Districtklahoma County, Oklahoma; Arthur Steller, Superintendent, in his individual and official capacity; Kay Floyd; Leo Hise; Frank Kellert, individually and in their official capacities as members of the Board of Education of the Oklahoma City Public Schools; Thelma Parks; Oreal Peak, in their official capacities as members of the Board of Education of the Oklahoma City Public Schools; Betty Hill; Michael Fogerty, in their individual capacities; Gloria Griffin, in her individual and official capacity; Sylvia Little, Defendants-Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 1200

147 F.3d 1200

74 Empl. Prac. Dec. P 45,603, 127 Ed. Law Rep. 627,

14 IER Cases 301, 49 Fed. R. Evid. Serv. 946,

98 CJ C.A.R. 3132

William Price CURTIS, Plaintiff-Appellant, v. OKLAHOMA CITY PUBLIC SCHOOLS BOARD OF EDUCATION, Independent District No. 89, Oklahoma County, Oklahoma; Arthur Steller Superintendent, in his individual and official capacity Kay Floyd; Leo Hise; Frank Kellert, individually and in their official capacities as members of the Board of Education of the Oklahoma City Public Schools; Thelma Parks; Oreal Peak, in their official capacities as members of the Board of Education of the Oklahoma City Public Schools; Betty Hill; Michael Fogerty, in their individual capacities; Gloria Griffin, in her individual and official capacity; Sylvia Little, Defendants-Appellees.

No. 96-6134.

United States Court of Appeals Tenth Circuit.

June 16, 1998.

Janell M. Byrd, NAACP Legal Defense and Educational Fund, Inc., Washington, DC, (Elaine R. Jones, Director-Counsel, Theodore M. Shaw, Associate-Director, Judith A. Browne and Peter Rundlet, NAACP Legal Defense and Educational Fund, Inc., Washington, DC, and Steven M. Angel, Kline & Kline, Oklahoma City, OK, on the briefs) for Plaintiff-Appellant.

Tammy T. Carter, Oklahoma City Public Schools, Oklahoma City, OK, for Defendant-Appellee, Oklahoma City Public Schools Board of Education No. 89.

Laura L. Holmes, The Center for Education Law, Oklahoma City, OK, for Defendant-Appellee, Oklahoma City Public Schools Board of Education No. 89; Defendants-Appellees Floyd, Hise, Kellert, Parks, Peak, Hill and Fogerty.

Robert W. Nelson, Nelson, Sherwood & Brown, Oklahoma City, OK (Michael N. Brown with him on the brief), for Defendants-Appellees, Steller, Griffin, and Little.

Before SEYMOUR, LOGAN, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Plaintiff William Price-Curtis filed this action against the Board of Education of the Oklahoma City Public Schools ("Board"); certain members of the Board acting in their individual capacities ("Board Members"); and Arthur Steller (former Superintendent of the Oklahoma City Public Schools), Sylvia Little (former Assistant Superintendent and supervisor of Plaintiff), and Gloria Griffin (supervisor of Plaintiff), in their individual and official capacities (collectively, "Supervisors"). ¹

Plaintiff alleged he suffered harassment and retaliation and was ultimately discharged from his position as Equity/Affirmative Action Officer for the Oklahoma City Public Schools ("School District"), in violation of federal and state law. He appeals various rulings of the district court and a portion of the adverse jury verdict. This court concludes the district court improperly ruled that certain of Plaintiff's expressions relating to racial equity within the school district were not protected under the First Amendment for purposes of Plaintiff's civil rights and retaliatory discharge claims. We affirm on all other issues.

I. FACTS

A. Background of the Dowell Litigation

An overview of the efforts to desegregate the Oklahoma City public schools is necessary for a complete understanding of this case. In 1961, Oklahoma schoolchildren and their parents commenced an action seeking equitable relief against the Board for operating a state-imposed dual system of education. See Dowell v. School Bd., 219 F.Supp. 427 (W.D.Okla.1963). In 1963, a federal district court held that the Board had intentionally segregated its schools. See id.; see also Board of Educ. v. Dowell, 498 U.S. 237, 240, 111 S.Ct. 630, 112 L.Ed.2d 715 (1991).

In 1972, after finding that the Board's operational plans failed to eliminate the state-imposed segregation, the district court ordered the Board to implement a desegregation plan. See Dowell v. Board of Educ., 338 F.Supp. 1256, 1271-73 (W.D.Okla.1972). The court-ordered desegregation plan restructured Oklahoma City's school attendance zones to create racial balance by requiring, inter alia, that black children be bused to formerly white schools. See id. at 1273.

In 1975, the Board filed a motion to end the federal court's jurisdiction. In 1977, the district court found that the Board had executed the desegregation plan properly and that " 'substantial compliance with the constitutional requirements ha[d] been achieved.' " Dowell, 498 U.S. at 241, 111 S.Ct. 630 (quoting No. CIV-9452 (W.D. Okla. Jan 18, 1977)). The court therefore relinquished its jurisdiction over the case, ending its supervision over the Board. See id. at 242, 111 S.Ct. 630. The court did not, however, vacate its 1972 decree mandating implementation of the desegregation plan. See Dowell v. Board of Educ., 8 F.3d 1501, 1505 (10th Cir.1993).

The Board continued to operate its schools in substantial conformity with the 1972 court-ordered desegregation plan until 1985, when the Board adopted the Student Reassignment Plan ("SRP"). See id. at 1505-06. Under the SRP, a number of previously desegregated schools were returned to primarily one-race status for the asserted purposes of increasing parental involvement and alleviating greater busing burdens on young black children caused by demographic changes. See Dowell, 498 U.S. at 242, 111 S.Ct. 630. The SRP returned students in grades 1-4 to neighborhood schools, although busing continued for all students above the fourth grade. See id. Under the SRP, 11 of the 64 elementary schools became more than 90% black, 22 became less than 10% black, and 31 remained racially mixed. See id.

The SRP also included a "number of programs designed to preserve to the maximum extent possible the desegregated nature of the school system." Dowell v. Board of Educ., 778 F.Supp. 1144, 1189 (W.D.Okla.1991). These programs included the appointment of an "Equity Officer" and an "Equity Committee" to "monitor the quality of facilities, equipment, supplies, and instructors throughout the school system and to recommend other means of integrating racially identifiable elementary schools." Dowell, 8 F.3d at 1506.

After the Board adopted the SRP, the plaintiffs in the original Dowell litigation challenged the SRP in court, seeking to reopen the Dowell case and enjoin the Board from implementing the SRP. See Dowell v. Board of Educ., 606 F.Supp. 1548 (W.D.Okla.1985). The Dowell plaintiffs contended the School District had "not achieved 'unitary' status and that the SRP was a return to segregation." Dowell, 498 U.S. at 242, 111 S.Ct. 630. This later phase of the Dowell litigation continued through 1993, when, following several appeals and remands, including an appeal to the Supreme Court, see Dowell, 8 F.3d at 1505-07, 1505 n. 2, this court affirmed the district court's 1991 ruling dismissing the case. See id. at 1520. In rejecting the Dowell plaintiffs' request for relief, the district court found that the Board was entitled to have the 1972 desegregation decree dissolved and that the SRP was adopted without discriminatory intent and satisfied equal protection standards. See Dowell, 778 F.Supp. at 1179-96.

B. Plaintiff's Experience as Equity/Affirmative Action Officer

The events leading up to Plaintiff's discharge in January 1991 took place during the Dowell litigation. In 1987, Plaintiff was employed as the Equity/Affirmative Action Officer for the Oklahoma City Public Schools. Plaintiff's "job goals" included assisting the School District in achieving equity under the SRP and "generally, facilitating the creation of a model school system." Plaintiff was to achieve these goals in part by "facilitating" the Equity Committee ("Committee") and serving as a "communication link" between the Committee, Board, and the Superintendent of the School District. ²

Superintendent Arthur Steller was Plaintiff's immediate supervisor for most of 1988 and the beginning of 1989. Plaintiff's first two performance evaluations, prepared by Steller in July 1988 and August 1989, were generally favorable.

In early 1989, Sylvia Little became Plaintiff's immediate supervisor. Plaintiff experienced a number of conflicts with Little and began to receive written reprimands and other criticisms of his performance from Little. Defendants assert these disciplinary actions resulted from Plaintiff's failure to meet deadlines and follow directives. Plaintiff contends the disciplinary actions were retaliatory. Plaintiff also asserts Little interfered with his efforts to facilitate the Equity Committee, undermined his work product, and gave him job assignments not required of other administrators.

On September 25, 1989, Plaintiff testified at a hearing before the Board on behalf of a colleague, Belinda Biscoe, who alleged she had been subjected to harassment and salary discrimination by Steller. At this hearing, Plaintiff testified about several incidents manifesting his belief Steller had harassed Biscoe. He further testified that he had also been harassed by Steller after certain Board Members and members of the African American community expressed concern about the equity of both his and Biscoe's salaries.

On November 14, 1989, Plaintiff was placed on a Plan for Improvement ("PFI"), a vehicle to correct his alleged performance deficiencies. Plaintiff asserts this was in retaliation for his testimony at the Biscoe hearing. In January 1990, Plaintiff was subpoenaed and gave testimony to a grand jury investigating the School District. In March 1990, Plaintiff filed a racial discrimination and harassment charge with the EEOC.

In June 1990, Little recommended to Steller that Plaintiff's contract not be renewed "based upon willful neglect of duty." Steller did not approve the recommendation. In July 1990, Plaintiff received his annual performance evaluation from Little, in which he received an "unsatisfactory" rating. Plaintiff was placed on another PFI, with a recommendation that he be discharged if all the conditions delineated in the PFI were not met. ³

C. Background of the Equity Committee Charge and the Committee's 1988-89 Equity Report

The ...