Frazier v. Alexander

• Decision Date: 31 May 2006
• Docket Number: No. 05-81142-CIV.,05-81142-CIV.
• Citation: 434 F.Supp.2d 1350
• Court: U.S. District Court — Southern District of Florida
• Parties: Cameron FRAZIER, through his mother and next friend, Christine Frazier, Plaintiff, v. Cynthia ALEXANDRE, et al., Defendants.

434 F.Supp.2d 1350

Cameron FRAZIER, through his mother and next friend, Christine Frazier, Plaintiff, v. Cynthia ALEXANDRE, et al., Defendants.

No. 05-81142-CIV.

United States District Court, S.D. Florida.

May 31, 2006.

COPYRIGHT MATERIAL OMITTED

James Kellogg Green, West Palm Beach, FL, Randall C. Marshall, American Civil Liberties Union, Miami, FL, for Plaintiff.

Michael Roland Holt, Rumberger Kirk & Caldwell, Miami, FL, James Richard Caldwell, Jr., Rumberger Kirk & Caldwell, Tampa, FL, Daniel Jon Woodring, Department of Education, Tallahassee, FL, for Defendants.

ORDER DENYING STATE DEFENDANT'S MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

RYSKAMP, District Judge.

THIS CAUSE comes before the Court pursuant to Defendants John Winn, F. Philip Handy, Donna Callaway, T. Willard Fair, Roberto Martinez, Phoebe Raulerson, Linda Taylor and Kathleen Shanahan's (collectively, "State Defendants") February 9, 2006 [DE 31] Motion to Dismiss Counts Four and Five of the Amended Complaint.¹ Plaintiff Cameron Frazier ("Frazier") responded on February 21, 2006 [DE 35]. The State Defendants replied on March 6, 2006 [DE 37].

This cause is also before the Court pursuant to Frazier's Motion for Judgment on the Pleadings against Defendants Cynthia Alexandre ("Alexandre"), Richard Poorman ("Poorman") and the Palm Beach County School District ("District") (collectively, "School Defendants"), filed February 21, 2006 [DE 34] pursuant to the February 6, 2006 [DE 30] Consent Order between Frazier and these Defendants. The State Defendants responded on March 13, 2006 [DE 40]. Frazier replied on March 22, 2006 [DE 41]. Alexandre, also sued in her individual capacity, adopts the State Defendants' arguments in favor of dismissal as her own.

I. BACKGROUND

At the time of the filing of this action, Frazier was an eleventh grade student at Boynton Beach Community High School, Palm Beach County School District, Florida. (Am.Compl.¶ 1.) Because of his personal political beliefs and convictions, he does not want to recite, or stand during, the pledge of allegiance each morning. (Am.Compl.¶ 1.) The District Board, following Fla. Stat. § 1003.44(1)², has a policy mandating that students, unless by written request of a parent, recite the pledge of allegiance.³ (Am. Compl. ¶ 1; Student and Family Handbook, p. 16.)⁴ The policy further requires that students, even if excused from reciting the pledge, must stand at attention while the pledge is recited. (Am.Compl.¶ 1.) Frazier alleges that this policy, the statute upon which it is based, as well as the actions of the individual defendants, are in violation of the First and Fourteenth Amendments to the United States Constitution. (Am. Compl.¶ 1.) He brings this 42 U.S.C. § 1983 action through his mother and next friend, Christine Frazier. (Am. Compl.¶ 3, 5.)

On December 8, 2005, Frazier was in Alexandre's fourth period math class, when the pledge of allegiance was to be recited. (Am.Compl.¶ 11.) The students ordinarily recited the pledge earlier in the day; December 8 marked the first time the recitation occurred when Frazier was in Alexandre's class. (Am.Compl.¶ 11.) When Frazier did not stand for the recitation, Alexandre ordered him to stand. Frazier refused. (Am.Compl.¶ 12.) Alexandre again ordered Frazier to stand. Frazier again refused, explaining that he had not stood for the pledge since the sixth grade and that he was not going to change his practice. (Am.Compl.¶ 13.)

Alexandre responded, saying "oh you wanna bet? See your desk? Now look at mine. Big desk, little desk. You obviously don't know your place in this classroom." (Am.Compl.¶ 14.) Frazier responded: "I thought this was a classroom. Why must you insist on taking this so far?" Alexandre then said: "I will take this as far as I need to. I will fight this to the top." (Am.Compl.¶ 15.) Frazier responded: "I'm sorry, I do not stand for the flag." (Am.Compl.¶ 16.) Alexandre, becoming angry, was looking through her filing cabinet and said: "I'm sorry, did you say you don't stand for the f___ flag!" Frazier responded "no, I said the flag." Other class members then said "Yes, Mrs. Alexandre, he said flag." (Am. Compl.¶ 17.) Alexandre then handed Frazier a document with the Palm Beach County School District's logo on it and told Frazier: "Read this. Florida state statutes say you may choose not to say the pledge ONLY by written request by your parent AND you still must stand!" (Am. Compl. ¶ 18; Am. Compl. Ex. 1.) Frazier replied that he had heard that before but was told that he did not need to have a parent excuse him from reciting the pledge of allegiance. He reiterated that he did not stand for the pledge of allegiance. (Am.Compl.¶ 19.) Alexandre then said: "You clearly have no respect! You are so ungrateful and so un-American. Do you know what's out there fighting our war? That flag you refuse to show respect to." (Am.Compl.¶ 20.) Frazier replied "no, our soldiers are out fighting a war. The flag is an inanimate piece of cloth that doesn't move and surely can't hold a gun." Alexandre said "You are so ridiculous! I can't believe you are so disrespectful!" (Am. Compl.¶ 21.) Frazier tried to respond, saying "I choose not to say the . . ." but was interrupted by Alexandre who said "No! You're out of here. I'm so sick of you!" She called the principal's office and requested that Frazier be removed from the class. She then crossed her arms and stared at Frazier. (Am.Compl.¶ 22.)

Shortly thereafter, Poorman, the assistant principal, Salvatore Camp ("Camp"), another administrator, and a school police officer came to the classroom. (Am. Compl.¶ 23.) Alexandre told them that "I have an extremely disrespectful student who refuses to stand for the pledge." Camp asked who it was and Frazier raised his hand. (Am.Compl.¶ 23.) Camp directed Frazier to get his things, which he did and left the classroom. (Am.Compl.¶ 24.) In the meantime, Alexandre gave Poorman a copy of the school district's policy. (Compl.¶ 24.) Poorman told Frazier to go to the office. (Compl.¶ 25.)

Frazier waited for Poorman in the principal's office for about half an hour. Poorman came in and handed Frazier the school policy, with a signature line for his mother's signature, and instructed him to have her sign it. (Am.Compl.¶ 26.) Poorman told Frazier that he had talked to his mother but that he would still have to stand during the pledge of allegiance. (Am.Compl.¶ 26.) Frazier was then made to sit in the office until the class period was over and was not allowed to return to the classroom that day. (Am.Compl.¶ 27.) He was humiliated by the actions of the individual defendants. (Am.Compl.¶ 27.)

Although he has not been punished again since the incident on December 8, Frazier remains subject to District policy, and state law, that could result in additional punishment at any time a teacher or administrator decides to enforce those policies. (Am.Compl.¶ 30.) Frazier believes he has been, and will continue to be irreparably harmed by his continued punishment and denial of his constitutional right. Frazier claims that unless restrained by this Court, he will continue to be subjected to verbal abuse or other punishment for the exercise of his First Amendment right of expression by remaining seated during the pledge of allegiance and not reciting the pledge. (Am.Compl.¶ 31.)

Frazier sues both Alexandre and Poorman in their individual capacities for damages and injunctive relief. (Am. Compl.¶ 2.) Frazier also sues Poorman in his official capacity. (Am.Compl.¶ 7.) Plaintiff seeks declaratory and injunctive relief against the District for its alleged unconstitutional policies. (Am.Compl.¶ 2.) The District is a public entity created by Fla. Stat. § 1001.30 and is governed by the Palm Beach County School District Board, which is subject to suit pursuant to Fla. Stat. § 1001.41(4). (Am.Compl.¶ 8.)

Frazier seeks declaratory and injunctive relief against the State Defendants in their official capacities. (Am.Compl.¶ 2.) Pursuant to Fla. Stat. § 1001.10, the Commissioner of Education is the chief educational officer of the State of Florida and is responsible for giving full assistance to the State Board of Education in enforcing compliance with state polices regarding education. (Am.Compl.¶ 9.) One of the duties of the State Board of Education is "to enforce systemwide education goals and policies." Fla. Stat. § 1001.02(2)(r). The State Board of Education is specifically charged with enforcing compliance with law by all school districts in the State of Florida. Fla. Stat. § 1001.03(8). (Am. Compl.¶ 10.)

This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3). (Am. Compl.4.) Declaratory relief is authorized by 28 U.S.C. §§ 2201 and 2202, and injunctive relief pursuant to Fed.R.Civ.P. 65. (Am.Compl.¶ 5.)

Counts I and II, brought against Alexandre and Poorman, allege that their actions deprived Frazier of his right to refuse to recite the pledge of allegiance, and to remain seated during the pledge of allegiance, in violation of the First and Fourteenth Amendments to the United States Constitution. Frazier seeks injunctive relief and compensatory damages against both and punitive damages against Alexandre. (Am.Compl.¶ 35-36.) Count III, brought against the District, alleges that the District's customs and policies directly caused the violation of Frazier's right to refuse to recite the pledge of allegiance, and to remain seated during the pledge of allegiance, in violation of the First and Fourteenth Amendments to the United States Constitution. (Am.Compl.¶ 37.)

Count IV, brought against the State Defendants, alleges that Fla. Stat. § 1003.44(1), to the extent it requires a student to obtain a parent's permission before being excused from reciting the pledge of allegiance and requires a student to stand during the pledge of allegiance, violates plaintiff's rights under the First and Fourteenth Amendments to the United States Constitution....