Ellison v. Chilton County Bd. of Educ., 94-D-1423-N.
| Decision Date | 23 June 1995 |
| Docket Number | No. 94-D-1423-N.,94-D-1423-N. |
| Citation | 894 F. Supp. 415 |
| Parties | Mildred ELLISON, Margaret Beal, and Randall Hayes, Plaintiffs, v. CHILTON COUNTY BOARD OF EDUCATION; Donald Hand, Individually and In His Official Capacity as Superintendent of Chilton County Board of Education; and Neal Bice, Robert Hall, Evelyn Gibson, James Hill, Harry Fox, Sue Smith, and Allen Williams, Individually and In Their Official Capacities as Members of the Chilton County Board of Education, Defendants. |
| Court | U.S. District Court — Middle District of Alabama |
Cynthia W. Clinton, Kenneth L. Thomas, Montgomery, AL, for plaintiffs.
Theron Stokes, Ala. Educ. Ass'n, Montgomery, AL, John Hollis Jackson, Jr., Clanton, AL, Leslie Allen, David Boyd, Montgomery, AL, for defendants.
Before the court are the parties' cross motions for summary judgment. Plaintiffs instituted the above-styled discrimination action on November 2, 1994. Defendants filed their Motion for Summary Judgment and a brief in support thereof on March 13, 1995. On May 23, 1995, Plaintiffs filed a response in opposition to Defendants' motion, and, concomitantly, a Motion for Summary Judgment. The court has carefully and attentively reviewed the pleadings, arguments and evidence submitted to it, and concludes that an even-handed view of the law tilts in favor of granting Defendants' motion for summary judgment.
Jurisdiction is proper pursuant to 28 U.S.C. § 1331 as Plaintiffs allege violations of the Equal Protection Clause of and the Fourteenth Amendment to the United States Constitution.1 Moreover, the court exercises supplemental jurisdiction pursuant to 28 U.S.C. § 1367 as Plaintiff claims violations of Alabama statutory law. Personal jurisdiction and venue are not contested.
On August 4, 1994, the Chilton County Board of Education (the "Board") announced that the principal position at Jemison High School was vacant. Subsequently, Plaintiffs Mildred Ellison ("Ellison") and Margaret Beal ("Beal") applied for the vacated position. However, neither Plaintiff received the position.
Defendant Evelyn Gibson ("Gibson"), while a member of the Chilton County Board of Education, applied for the Jemison High School principal position. Defendant Donald Hand ("Hand"), then the Superintendent of the Board, interviewed Gibson for the principalship of Jemison High. On August 17, 1994, the Board appointed Gibson to said position.
In July 1994, the Board announced as vacant the Vocational Center Director position. Plaintiff Randall Hayes ("Hayes") applied and received an interview for said position. In August of 1994, Defendant Hand recommended and the Board voted to appoint David Conway ("Conway") to the Vocational Center Director position. Plaintiff asserts, and Defendants deny that Plaintiff Hayes' total years, qualifications and experience, as these factors are considered for the Vocational Center Director position, are equal or superior to those of Conway.
On August 1994, Defendant Gibson allegedly resigned her position on the Board. Plaintiffs instituted the above-styled cause on November 2, 1994, alleging federal constitutional and statutory violations. First, Plaintiffs claim that the appointment of Gibson to the principal position of Jemison High violated the Equal Protection clause of the Constitution. Plaintiffs contend that Defendant Gibson received preferential treatment in attaining the principal position at Jemison High. Plaintiffs allege that Gibson's appointment to the position was due in a not insubstantial degree to her status as a fellow board member. Plaintiffs assert that Defendants' discriminatory motive is evidenced by Defendants' refusal to apply the non-racial objective criteria as mandated by Lee v. Macon County et al., 267 F.Supp. 458 (M.D.Ala. 1967), when satisfying the employment needs for the principal and vocational center director positions.2 Essentially, Plaintiffs aver that Defendants applied an arbitrary and capricious standard, not rationally grounded in legitimate criteria, in filling these positions.
Next, Plaintiffs claim that the Board's determination and means of filling the Jemison High principal and vocational center director positions defy the court's order wherein the court approved non-racial objective criteria to be used by the Board in the appointment of the principal in the Chilton County school system. Finally, Plaintiffs claim that Defendants' conduct violated the Alabama Code (1975), § 16-9-23, which provides:
The county superintendent of education shall nominate in writing for appointment by the county board of education all principals, teachers and all other regular employees of the board. He shall assign them to their positions, transfer them as the needs of the schools require, recommend them for promotion, suspend them for cause and recommend them for dismissal ...
According to the Plaintiffs, Defendant Hand did not recommend that Defendant Gibson be appointed principal of Jemison High. This allegation is demonstrated by Defendant Hand's submission of the names of four prospects for the then vacated principal position. Plaintiff prayed that the court: 1) declare that the Defendants' conduct violated the Equal Protection Clause of Amendment XIV to the United States Constitution and 42 U.S.C. § 1983; 2) declare that the Defendants are in violation of the court's order in Lee v. Chilton County, Civil Action No. 3100-N; 3) declare the respective employment practices of the Defendants unconstitutional; 4) vacate the Jemison High principal and Vocational Center director positions; and 5) issue declaratory relief enjoining Defendants and their successors in office from violating the rights of Plaintiffs and retaliating against them for bringing the above-styled action.
On March 13, 1995, Defendants, the Chilton County Board of Education, Hand, Ray Scruggs, Mike Gothard, Hank Grooms, O.J. McGriff, Ann Glasscock, Allen Childress, Eddie Reed, Neal Bice, Robert Hall, Evelyn Gibson, James Hill, Harry Fox, Sue Smith and Allen Williams moved for summary judgment on each of Plaintiff's claims.3 Defendants claim that section 42 U.S.C. § 1981 applies solely to racial discrimination and Plaintiffs, each of whom is white, do not contend that race was a motivating factor in the employment actions at issue.
Defendants also claim that Plaintiffs' equal protection claim is not cognizable in the instant matter because the race neutral criteria set forth in Lee v. Chilton County, Civil Action No. 3100 (March 1, 1971) are not applicable. Defendants also argue that, given the circumstances, African-Americans would have received similar treatment. Moreover, Defendants aver that Plaintiffs' state law cause of action must fail as Plaintiffs do not state a claim upon which relief may be granted. Defendants aver that the relevant Alabama statutory provision does not prohibit the superintendent from recommending more than one candidate for a vacant position and Gibson did not serve as an employee of the Chilton County Board of Education and a member of the board, simultaneously.
On May 23, 1995, Plaintiffs filed a response in opposition to Defendants' motion for summary judgment and a cross motion for summary judgment. Plaintiffs contend that the Defendants do not dispute that they did not apply the Lee v. Chilton County criteria when filling the positions at issue. Plaintiffs allege that these criteria would have been used if African-Americans had applied for the positions; therefore, Plaintiffs contend that they are entitled to judgment as a matter of law on their federal law claims. Moreover, the Plaintiffs claim that Hand failed to follow Alabama statutory law in hiring Gibson as principal of Jemison High. Consequently, Plaintiff argue that they are entitled to summary judgment on their state law cause of action.
On a motion for summary judgment, the court is to construe the evidence and factual inferences arising therefrom in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). Summary judgment can be entered on a claim only if it is shown "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). As the Supreme Court has explained the summary judgment standard:
The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no genuine issue as to any material fact, since a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial.
Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The trial court's function at this juncture is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986) (citations omitted). A dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510.
The party seeking summary judgment has the initial burden of informing the court of the basis for the motion and of establishing, based on relevant "portions of `the pleadings, depositions, answers to interrogatories, and admissions in the file, together with affidavits, if any,'" that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S....
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