Eaton v. Newport Bd. of Educ.
| Decision Date | 09 November 1992 |
| Docket Number | No. 90-6330,90-6330 |
| Parties | 77 Ed. Law Rep. 681 Robert EATON, Plaintiff-Appellee, v. NEWPORT BOARD OF EDUCATION, et al., Defendants, Kentucky Education Association; and William Gist, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Robert C. Cetrulo (argued & briefed), Robert C. Cetrulo, Covington, Ky., Robert B. Cetrulo, Ware, Bryson, West & Bartlett, Edgewood, Ky., Stephen T. McMurtry, McMurtry & Wolff, Covington, Ky., for plaintiff-appellee.
Jeremiah A. Collins (argued), Martin Lederman (briefed), Bredhoff & Kaiser, Washington, D.C., John Frith Stewart, Dennis Franklin Janes, Segal, Isenburg, Sales, Stewart & Cutler, Louisville, Ky., for defendants-appellants.
Before: RYAN and BOGGS, Circuit Judges; and GODBOLD, Senior Circuit Judge. *
This is an appeal of a jury verdict of $1 million rendered in favor of Robert Eaton based on his claims, brought pursuant to 42 U.S.C. § 1983 that the defendants conspired to violate his procedural and substantive due process rights and that the defendants committed the tort of outrageous conduct against him. Upon review, we hold that this verdict violates the first amendment rights of the Kentucky Education Association ("KEA") and William Gist. We therefore reverse the judgment of the district court.
Robert Eaton was the principal of the Owens Elementary School in Newport, Kentucky for over eighteen years. On June 4, 1987, Eaton was in his office introducing a new teacher to various other school personnel. There was testimony that a student was also present. Sylvia Covington, an assistant clerk in the Owens Elementary media center, walked into Eaton's office as the introduction was taking place. She was the only Black employee at the school. At some point, Principal Eaton asked the new teacher: "... have you met Sylvia Covington, our resident nigger?" Covington became embarrassed and upset and left the office immediately. She then consulted two supervisors in the school about the incident.
Covington next phoned Newport School Superintendent Bernard Sandfoss to complain about the incident. On June 8, 1987, Covington sent Sandfoss a formal letter of complaint. Sandfoss then began investigating the matter. On June 9, 1987, Eaton sent a letter to Covington stating that the remark was intended as "good-natured ... jest." Eaton reminded Covington in the letter that they had engaged in similar "joking" during their eighteen years of working together.
Sandfoss scheduled a meeting for July 1, 1987 to discuss the incident. Eaton and his attorney, an attorney for the Newport School Board, and Covington attended the meeting. Covington was accompanied by William Gist and Clifton Bird, who claimed to represent the Kentucky Education Association and Covington. Gist was the local managing agent for the KEA. A transcript of this meeting was entered into the record at trial.
At the meeting, Covington maintained that Eaton's letter was not sufficient to resolve the matter. She insisted on a public apology by Eaton in front of the School Board and the staff of Owens Elementary. Eaton was unwilling to do this. Eaton now argues that Gist was out for blood and was instigating Covington. He claims that Covington would have been happy with a promise that this would never happen again, but that Gist convinced Covington to pursue this grievance and used her as a pawn in the conspiracy to have Eaton dismissed. At the meeting, Gist kept insisting that a Board policy had been violated and that Eaton's termination had to be considered.
Under Kentucky law, a teacher may be terminated for "conduct unbecoming a teacher." Ky.Rev.Stat. § 161.790. A Newport School Board policy promulgated pursuant to Ky.Rev.Stat. § 161.790 prohibits a teacher from publicly belittling or criticizing others. According to the policy, such conduct amounts to insubordination. Appellants KEA and Gist agree that Gist did indeed argue that the Board policy had been violated and that the violation should be dealt with seriously, but they maintain that Covington agreed with this position.
Eaton also argues that viewed in the context of his eighteen-year relationship with Covington, his "resident nigger" remark is not as bad as it seems. Eaton claims that he had a friendly relationship with Covington and they frequently made racial remarks to each other in jest. He claims that on the day he made the remark at issue here, Covington entered his office calling him a "fool" and a "turkey." Eaton claims he responded without thinking. He contends that while he may have shown a lack of judgment in making the remark as an introduction, it was only intended as good-natured banter. Eaton further claims that he is a man of impeccable character and is liked by almost everyone who knows him.
Appellants KEA and Gist do not dispute that Covington and Eaton had a long history of making these kinds of remarks to each other. In the past, Eaton had called Covington "chocolate," "darkie," "blacky," and had joked about putting Covington "on the auction block." For her part, Covington had many times referred to Eaton as "whitey" or "honky." At one school dance, Covington had asked Eaton to dance and told him: "You can't outdance this nigger." Finally, Covington had called Eaton a "dumb honkey" in public at a PTA dinner just two weeks before the incident at issue in this case. However, KEA and Gist maintain that while all of this is true, Eaton never before called Covington a "nigger" and had certainly not done so when introducing her to a stranger. They claim that Covington had been genuinely hurt and insulted by Eaton's "resident nigger" remark.
After the meeting on July 1, Sandfoss scheduled a July 9 meeting of the full School Board to discuss this incident. There is no evidence that Sandfoss discussed this incident again with KEA and Gist. Sometime after the July 1 meeting, Sandfoss concluded that Eaton's conduct might well have been "belittling" in violation of Board policy and that it was inappropriate conduct for a school supervisor. Before the School Board meeting on July 9, Sandfoss met with the new attorney for the Board, Robert Blau, to discuss the options available to the Board in this situation.
Blau told Sandfoss that Eaton's remark was "belittling" and therefore violated the Board's policy and constituted insubordination under Ky.Rev.Stat. § 161.790. Blau also advised Sandfoss that it was necessary to file charges against Eaton and that the only sanction available under Ky.Rev.Stat. § 161.790 was termination. Sandfoss also received an unsolicited letter from Betty Fields, who had witnessed this incident. She informed Sandfoss that she thought the remark had been "uncalled for and in very bad taste." Sandfoss testified at trial that KEA's involvement in this matter did not affect his decision to submit this case to the full board for consideration.
The July 9 School Board meeting was open to the public and was, by all accounts, well-publicized and highly contentious. A large crowd who favored Eaton's dismissal gathered, carrying signs and protesting vocally. Gist played a major role in the picketing at the meeting. In fact, The Kentucky Enquirer, a local newspaper, ran a picture of Gist, gesturing dramatically under a teacher's union sign, with the following caption: Appellants Gist and KEA claim that Gist did not organize the gathering in support of Covington, but did speak at it. Eaton claims that KEA's visible and vocal presence at the proceedings pressured the Board to take the action that it did against him.
At the meeting, Sandfoss recommended that the Board issue charges against Eaton for conduct unbecoming a teacher and for insubordination. The Board unanimously accepted this recommendation. The Board also suspended Eaton without pay until this matter could be considered. KEA and Gist claim that their vocal support of Covington did not determine the Board's action.
Under Kentucky law, Eaton was entitled to have either a public or private hearing of his case before the School Board. Eaton chose to have a public hearing. The School Board held a two-day adversarial hearing on August 21 and 22, 1987, pursuant to the rules prescribed by Ky.Rev.Stat. § 161.790. Eaton was represented by counsel and was permitted to call and cross-examine witnesses. The Board took the precaution of hiring another attorney, Beverly Storm, to act as the hearing officer. She administered the hearing and made legal and evidentiary rulings.
A large crowd attended the hearing, with supporters of both sides present. Some of these individuals displayed placards stating their opinions. There was no evidence that either KEA or Gist organized or directed the crowd in any way. Neither Gist nor any other KEA representative testified or otherwise took part in the hearing. Once the hearing concluded, Gist told a reporter that if the Board did not fire Eaton, KEA would assist Covington in filing a lawsuit against the Board.
This alleged threat was broadcast by local media and the only dispute between the parties regarding this issue concerns whether any of the Board members were actually influenced by this report. KEA and Gist admit that there were some KEA placards displayed at the meeting, but claim that they had nothing to do with the signs. Eaton argues that the signs were extremely disruptive of the hearing, but KEA and Gist deny this.
Eaton also puts great emphasis on the fact that the KEA supported the election of three of the five School Board members and that it "cashed in" on that support by seeking his firing at the hearing.
After the hearing, various Board attorneys advised the Board members that if they found Eaton...
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