Fisher v. Wellington Exempted Village Schools

• Decision Date: 19 November 2001
• Docket Number: No. 1:00CV2295.,1:00CV2295.
• Parties: Nancy FISHER, Plaintiff, v. WELLINGTON EXEMPTED VILLAGE SCHOOLS BOARD OF EDUCATION, et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

223 F.Supp.2d 833

Nancy FISHER, Plaintiff, v. WELLINGTON EXEMPTED VILLAGE SCHOOLS BOARD OF EDUCATION, et al., Defendants.

No. 1:00CV2295.

United States District Court, N.D. Ohio, Eastern Division.

November 19, 2001.

Order Denying Reconsideration January 24, 2002.

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J.C. Ratliff, Marion, OH, for Nancy Fisher, plaintiff.

Amy Wirtz, Baumgartner & O'Toole, Amherst, OH, Dennis M. O'Toole, Baumgartner & O'Toole, Sheffield Village, OH, Michael J. Loughman, Baumgartner & O'Toole, Sheffield Village, OH, for Wellington Exempted Village Schools Board of Education, defendant.

MEMORANDUM OPINION AND ORDER

LIMBERT, United States Magistrate Judge.

The instant case is before the Court on competing motions for summary judgment filed by Plaintiff Nancy Fisher and Defendants Wellington Exempted Village Schools Board of Education, Superintendent Sharon Buccieri, Board of Education President Patricia Sumpter, and Board Members Phyllis Mosher, Loreen Baker, Tim Butti and Ivan Santiago. See Electronic Case Filing (ECF) Dkt. ## 34, 35, 39, 46, 58.

I. FACTUAL AND PROCEDURAL HISTORY

On September 11, 2000, Plaintiff Nancy Fisher (Plaintiff) filed a complaint against the Wellington Exempted Village Schools Board of Education, its President and four board members, and the Superintendent and Treasurer of the Wellington Exempted Village School District. See ECF Dkt. # 1. In her complaint, Plaintiff named all of the individual defendants in both their individual and official capacities. See id. On November 13, 2000, the parties consented to the jurisdiction of the undersigned. See ECF Dkt. # 17.

On July 2, 2001, Plaintiff voluntarily dismissed the Treasurer, both in his individual and official capacity, and dismissed the other individual defendants, but only in their individual capacities. See ECF Dkt. # 30. Thus, Plaintiff continues to press claims against the Wellington Exempted Village Schools Board of Education and its President and four board members, and the Superintendent of the school district, but only in their official capacities (hereinafter referred to Defendants). See id.

Plaintiff alleges that she was employed as a principal under a two-year contract and subsequently a three-year contract in the Wellington Exempted Village School District from September, 1995 until June 30, 2000, when her three-year contract expired. See ECF Dkt. # 1 at ¶ 15. Plaintiff avers that on March 14, 2000, she was advised by Defendants that her three-year contract as Principal of the Westwood Elementary School would be renewed. See id. at ¶ 16. On March 16, 2001, Plaintiff alleges that, during an administrative meeting with the Superintendent, she expressed her opinions regarding the inadequate actions taken by Defendants against a Wellington high school business teacher, Gerald Camp, Jr., who admitted to viewing pornographic Web sites on school computers. See id. at ¶ 17 and, ECF Dkt. # 49, exhibit G. Plaintiff maintains that Defendants told her and other administrators to support Mr. Camp at this administrative meeting. See id. On March 17, 2001, Plaintiff avers that the Superintendent called Plaintiff into an office and advised Plaintiff that Plaintiff would be issued a one-year probationary contract as Principal of Westwood Elementary School, instead of a three-year contract renewal as a principal. See id. at ¶ 18.

On March 21, 2000, at a Wellington Exempted Board of Education meeting, Plaintiff alleges she once again expressed her views regarding the inadequate actions taken by Defendants against Mr. Camp. See ECF Dkt. # 1 at ¶ 20. Plaintiff further avers that Defendants tabled her one-probationary contract, even though it was listed on the meeting's agenda, and Defendants never addressed her one-year probationary contract again. See id. On March 30, 2001, Plaintiff alleges Defendants issued her a two-year contract for a newly created position as a Grants Developer, District Gifted Liaison, and Elementary Intervention Coordinator. See id. at ¶ 21. A few months later, Plaintiff alleges she reported to work as Principal of Westwood Elementary School and Defendants instructed her that she was no longer principal of the school and they told her to leave the premises. See id. at ¶ 22. Plaintiff states that Defendants' reasoning for not renewing her contract as principal was her alleged poor performance as outlined in Plaintiff's evaluation on January 31, 2001. See id. at ¶ 23.

Plaintiff asserts six claims against Defendants in her complaint. See ECF Dkt. # 1. Plaintiff's central claim consists of a § 1983 First Amendment retaliation action alleging that Defendants did not renew Plaintiff's three-year contract as principal due to Plaintiff's conduct and expression of her opinions. See id. at ¶ 24. More specifically, Plaintiff asserts that Defendants retaliated against her for publicly criticizing them at an administrative meeting on March 16, 2000 and at a regularly scheduled Board of Education meeting on March 21, 2000. See ECF Dkt. # 46 at 1, 4. In her second and third claims, Plaintiff alleges that Defendants conspired to violate her First Amendment rights pursuant to 42 U.S.C. §§ 1985 and 1986. See ECF Dkt. # 1 at ¶¶ 29-40. In her fourth and fifth claims, respectively, Plaintiff asserts invasion of privacy and negligence on the part of Defendants. See id. at ¶¶ 41-48. Finally, in her sixth claim, Plaintiff alleges that Defendants violated Ohio Revised Code § 3319.02(C) because Defendants did not provide written notice to her of their intention not to re-employ her as principal on or before the last day of March of the year in which her contract expired. See id. at ¶¶ 49-51.

On July 31, 2001, Defendants moved for summary judgment on all of Plaintiff's claims. See ECF Dkt. # 35. On the same day, Plaintiff countered and moved for partial summary judgment on her claim alleging violation of the notice provisions contained in Ohio Revised Code § 3319.02(C). See ECF Dkt. # 34. Plaintiff and Defendant both filed opposition memoranda, and Defendant filed a reply brief. See ECF Dkt. ## 39, 46, 58.

II. STANDARD OF REVIEW

The function of summary judgment is to dispose of claims without trial when one party is unable to demonstrate the existence of a factual dispute which, if present, would require resolution by a jury or other trier of fact. See Schultz v. Newsweek, Inc., 668 F.2d 911, 918 (6th Cir.1982). Rule 56(c) of the Federal Rules of Civil Procedure governs summary judgment motions and provides, in pertinent part:

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to the 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 a judgment as a matter of law.

FED.R.CIV.P. 56(c). Under Rule 56, a party is entitled to summary judgment where the documentary evidence produced by the parties permits only one conclusion. See Allen v. Wood, 970 F.Supp. 824, 828 (E.D.Wash.1997) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (emphasis added)).

The party moving for summary judgment bears the initial burden of informing the court of the basis for the motion, and must identify the portions of "`the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting FED. R.CIV.P. 56(c)). This initial burden can be discharged by the moving party by showing that the nonmoving party has failed to establish an essential element of the nonmoving party's case for which he or she bears the ultimate burden of proof at trial. See Celotex, 477 U.S. at 323, 106 S.Ct. 2548; Morales v. American Honda Motor Co., Inc., 71 F.3d 531, 535 (6th Cir.1995). The evidence submitted must be viewed in a light most favorable to the nonmoving party to determine whether a genuine issue of material fact exists. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970).

If the moving party meets this burden, then the nonmoving party must take affirmative steps to avoid the entry of a summary judgment. See FED.R.CIV.P. 56(e). The nonmoving party must present additional evidence beyond the pleadings. See id. The nonmoving party must do this by presenting more than a scintilla of evidence in support of his or her position. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment must be granted unless sufficient evidence exists that favors the nonmoving party such that a judge or jury could reasonably return a verdict for that party. See id. at 249, 106 S.Ct. 2505. The Court is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Id. If a party fails to make a showing that is "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," then the Court is required to enter summary judgment. See Celotex, 477 U.S. at 322, 106 S.Ct. 2548.

III. LAW AND ANALYSIS

Based upon Defendants' omnibus motion for summary judgment, this Court will sequentially apply the summary judgment standard to each of Plaintiff's six claims.¹

A. § 1983 First Amendment Retaliation Claim

Plaintiff's First Amendment retaliation cause of action represents her core claim against Defendants in the case sub judice. See ECF Dkt. # 1. Plaintiff relies upon the following testimony in an attempt to establish a prima facie case of retaliation. On January 31, 2000, Plaintiff maintains that the Superintendent stated that she would recommend a three-year renewal of Plaintiff's...