Doe v. Cape Henlopen Sch. Dist.
| Decision Date | 07 January 2011 |
| Docket Number | Civ. No. 05–424–SLR. |
| Parties | Jane DOE, as the Natural Guardian of Nancy Doe, a Minor, Mary Doe, a Minor, and Susan Doe, a Minor, Plaintiffs,v.CAPE HENLOPEN SCHOOL DISTRICT, Dane Brandenberger, Janet Maull, and Cindy Cunningham, Defendants. |
| Court | U.S. District Court — District of Delaware |
OPINION TEXT STARTS HERE
Gary W. Aber, Esquire of Aber, Goldlust, Baker & Over, Wilmington, DE, for Plaintiffs.David H. Williams, Esquire, James H. McMackin, II, Esquire, Allyson M. Britton, Esquire of Morris James LLP, Wilmington, DE, for Defendants.
On June 23, 2005, Jane Doe, as the natural mother and guardian of her minor child Nancy Doe (“Nancy”) 1 (together, “plaintiffs”), filed this civil rights action pursuant to 42 U.S.C. § 1983 against the Board of Education of the Cape Henlopen School District (“Cape Henlopen”); Dane Brandenberger (“Brandenberger”), the superintendent of Cape Henlopen; Janet Maull (“Maull”), the principal of Shields Elementary School; and Cindy Cunningham (“Cunningham”), a teacher at Shields Elementary School (collectively, “defendants”). (D.I. 1) Plaintiffs' remaining allegations 2 include a violation of Article 1, § 1 of the Delaware State Constitution based on defendants' alleged creation of an environment which promoted Christian beliefs and excluded plaintiffs' Muslim beliefs, retaliation under the First Amendment and a violation of the Equal Protection Clause of the Fourteenth Amendment. ( Id.) Presently before the court is defendants' motion for summary judgment. (D.I. 86)
II. BACKGROUNDA. The 9/11 Textbook
In September of 2003, while Nancy was enrolled in Cunningham's fourth grade class, Cunningham taught from a textbook purporting to explain the events of 9/11. (D.I. 98 at 3) The book, which was approved by Brandenberger for use in the curriculum, provides a brief background of Judaism, Christianity and Islam. Specifically, the book describes Islam as follows;
Islam also teaches about one God. People who practice the religion of Islam are called Muslims. Muslims believe in Allah, which is the Arabic word for “God.” They believe both Abraham and Jesus were important people. But a man named Muhammad is the most important person in Islam. Muhammad was born in Arabia in the year 570. Muslims believe he was a messenger of Allah. They believe Allah told Muhammad about how people should live. They also believe Muhammad wrote what Allah told him in a book called the Koran.
(D.I. 88 at A87) The book distinguishes peaceful Muslims from Islamic extremists like the ones who led the terrorist attacks on 9/11:
Most Muslims believe the Koran teaches peace. A small group of Muslims think the Koran teaches war. These people are called Islamic extremists. Islamic extremists make up a very small number of all Muslims. Members of the Taliban are Islamic extremists. They believe countries like the United States are evil. They don't like the way Americans run their government, the way Americans dress, or the kinds of movies Americans watch.
( Id. at A88) The book also defines “terrorism” as ( Id. at A91) The book specifies that Northern Ireland and the Middle East are two regions where terrorism is common. ( Id. at A92) The book describes Al Qaeda members as terrorists who ( Id. at A93)
Nancy testified at her deposition that Cunningham led class discussions about the book and made comments about the nature of the events of 9/11 that were not in the book, framing it as a war of Christians versus Muslims. (D.I. 98 at 4) Nancy never complained to Cunningham or any other school official because she was scared. (D.I. 99 at B235:19–22) Nancy also testified at her deposition that her classmates teased her both during and outside of class after the book was read and asked questions about how Muslim women were treated and why Nancy's mother wore a head scarf. (D.I. 98 at 4)
B. Cunningham's Christmas Readings
Between Thanksgiving and Christmas of 2003, Cunningham read Christmas books to her class every day.3 (D.I. 98 at 5) These books, which were not part of the approved curriculum, included a story called “The Legend of the Candy Cane,” which is premised on the “legend [that] there was a candy maker who wanted to invent a candy that was a witness to Christ.” (D.I. 99 at B67) The story explains that candy canes are made of hard candy because “Christ is the rock of ages,” the “J” shape signifies “Jesus,” and the white color represents the purity of Christ. ( Id.) The story describes the significance of the candy cane's stripes as follows:
Finally, a red stripe was added to represent the blood of Christ shed for the sins of the world, and three thinner red stripes for the stripes He received on our behalf when the Roman soldiers whipped Him. Sometimes a green stripe is added as a reminder that Jesus is a gift from God.( Id.) The story indicates that the candy cane's peppermint flavor is similar to hyssop, which ( Id.) The story concludes by directing the reader to “remember the message of the candymaker: Jesus is the Christ!” every time he or she sees a candy cane. ( Id.) Nancy testified that, in conjunction with this and other readings, Cunningham taught the class that Christmas is a religious holiday to celebrate the birth of Jesus. (D.I. 98 at 7) Nancy told her mother that she was upset about the books and the Christmas discussions that repeatedly took place in the classroom, and she did not want to go to school. (D.I. 99 at B199:3–14)
C. Nancy's Transfer to a New Classroom
Plaintiffs made two suggestions to help Nancy feel more comfortable in school. First, plaintiffs suggested that an apology be made to Nancy to make her feel welcome again in Cunningham's classroom. (D.I. 99 at B272:1–22) Second, plaintiffs sought a positive statement concerning Nancy to show the class that Nancy had done nothing wrong. ( Id. at B117) Robert Fulton (“Fulton”), the supervisor for curriculum and instruction, testified that he rejected the idea of apologizing because he believed that Cunningham had done nothing wrong, and he interpreted plaintiffs' requests as being “stuck in the past” and “very negative.” ( Id. at B251:19–22, B263:1–21)
On January 22, 2004, plaintiffs met with Maull, Cunningham and Drewry Fennell (“Fennell”) of the American Civil Liberties Union to discuss Cunningham's curriculum. ( Id. at B295:8–17) Brandenberger agreed to suspend Cunningham for two days with pay to conduct an investigation. ( Id. at B136:22–B137:5) At the meeting, Cunningham agreed to allow Nancy to make a presentation to the class about Ramadan or Muslim culture. (D.I. 88 at A135, 96:6–14) On January 30, 2004, Jane Doe called to share her concerns with Fulton as well, and Fulton notified Cunningham of these concerns in the form of a memorandum advising Cunningham “to self-evaluate [her] conduct over the past few months,” (D.I. 99 at 684–685)
Nancy testified that Cunningham approached her in the classroom about a week after the meeting and, in the presence of classmates, loudly asked Nancy if she wanted to change classrooms. ( Id. at B224:7–24) Nancy responded that she wanted “to stay here with [her] friends.” ( Id. at B225:1–15) Cunningham repeated the question, and Maull made the same inquiry later that day. ( Id. at B225:1–B226:21) Nancy testified that she felt like she no longer belonged in Cunningham's classroom and that she was being forced to transfer. ( Id. at B227:1–10) The next day, Jane Doe brought Nancy to school and asked Maull to accompany Nancy to Cunningham's classroom, but Maull refused to do so and offered to transfer Nancy to another classroom instead. ( Id. at 8205:5–9)
Nancy was transferred to another classroom in February of 2004 and began seeing a therapist. ( Id. at B125) After Nancy was transferred, her friends shunned and taunted her. ( Id. at B232:22–B233:2) The school counselor and Cunningham observed that Nancy was visibly upset and did not react well to being transferred. ( Id. at B326:13–23, B173:6–13) Defendants felt that these circumstances were beyond their control. ( Id. at B100) Due to Nancy's ongoing panic attacks, anxiety, and depression related to her attendance at Shields Elementary, Jane Doe requested and was granted homebound instruction for Nancy. ( Id. at B212:4–18) During the summer of 2004, plaintiffs' family moved to a different school district. ( Id. at B211:17–20) On August 27, 2004, Cape Henlopen issued a reprimand to Cunningham pursuant to an agreement with the Civil Rights Division of the United States Department of Justice. ( Id. at B91–B92)
III. STANDARD OF REVIEW
A court shall grant summary judgment only 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 any 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 bears the burden of proving that no genuine issue of material fact exists. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 n. 10, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “Facts that could alter the outcome are ‘material,’ and disputes are ‘genuine’ if evidence exists from which a rational person could conclude that the position of the person with the burden of proof on the disputed issue is...
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