Gonzalez v. Northside Indep. Sch. Dist.

CourtUnited States District Courts. 5th Circuit. Western District of Texas
PartiesJOSE M. GONZALEZ, ADAMARI RIVAS, Plaintiffs, v. NORTHSIDE INDEPENDENT SCHOOL DISTRICT, IN THEIR OFFICIAL CAPACITY; N.I.S.D. BOARD OF TRUSTEES, IN THEIR OFFICIAL CAPACITY; JAY SUMPTER, HIS OFFICIAL CAPACITY; VERONICA VALENCIANO, HER OFFICIAL CAPACITY; DR. BRIAN T. WOODS, HIS OFFICIAL CAPACITY; RAY GALINDO, HIS OFFICIAL CAPACITY; AND WESLEY SCOTT, HIS OFFICIAL CAPACITY; Defendants.
Docket NumberSA-20-CV-00926-XR
Decision Date22 September 2020

REPORT AND RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE

To the Honorable United States District Judge Xavier Rodriguez:

This Report and Recommendation and Order concerns the Court's review of the pleadings pursuant to 28 U.S.C. § 1915(e) and Plaintiffs' Motion for the Appointment of Counsel [#6]. All pretrial matters in this case have been referred to the undersigned for disposition pursuant to Western District of Texas Local Rule CV-72 and Appendix C. The undersigned has authority to enter this recommendation under Section 19115(e) pursuant to 28 U.S.C. § 636(b)(1)(B). The undersigned has authority to enter this order on Plaintiffs' motion for the appointment of counsel pursuant to 28 U.S.C. § 636(b)(1)(A). For the reasons set forth below, it is recommended that this case be dismissed because Plaintiffs fails to state a claim upon which relief may be granted. The Court will also order that Plaintiffs' motion for the appointment of counsel be denied.

I. Review of the Pleadings

Pursuant to 28 U.S.C. § 1915(e), the Court is empowered to screen any civil complaint filed by a party proceeding in forma pauperis ("IFP") to determine whether the claims presented are (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune from such relief.1 See 28 U.S.C. § 1915(e)(2)(B). On August 12, 2020, the Court granted Gonzalez's motion to proceed IFP based on his inability to afford court fees and costs. However, the Court identified certain deficiencies in the pleadings and ordered Plaintiffs to file a more definite statement to clarify the factual allegations underlying their suit prior to ordering service of the Complaint on any Defendant. Plaintiffs timely filed an Amended Complaint on August 31, 2020 [#5]. For the reasons that follow, the Court will recommend this case be dismissed for failure to state a claim upon which relief can be granted.

A. Factual Allegations in the Original and Amended Complaints

Gonzalez and his daughter, Plaintiff Adamari Rivas, filed this action against Northside Independent School District ("NISD"), its Board of Trustees, Jay Sumpter (Principal of John Jay High School), and various other employees of NISD (Open Records Specialist and Public Liaison Veronica Valenciano, Assistant Superintendent of Budget and Finance Dr. Brian T. Woods, Deputy Superintendent for Administration Ray Galindo, and Assistant SuperintendentWesley Scott). (Compl. [#4] at ¶ 2.) Plaintiffs, who identify as Mexican and as indigenous peoples of the First Nation People Lipan Coahuiltecan, allege that Defendants violated the Civil Rights Act of 1964 by discriminating against them based on their race and national origin during the previous school year when Rivas was a senior in high school. (Id. at ¶¶ 3-4.)

According to Plaintiffs' Original Complaint, Rivas was a member of the Varsity Mariachi band at John Jay High School (an NISD school) during her senior year, but she was not issued her own uniform. (Id. at ¶ 4.) Instead, she was forced to share a uniform with another member of the band, putting her at greater risk of exposure to COVID-19 and preventing her from participating in all competitions throughout the season. (Id.) Plaintiffs contend that they were told the group had been allocated zero dollars from NISD's budget for extracurricular activities for the school year. (Id.) Plaintiffs believe the Mariachi band did not receive adequate uniforms and equipment or a proper allocation of the district budget because the group is comprised of students who are indigenous and Mexican. (Id.)

According to Plaintiffs, Gonzalez made several requests under the Freedom of Information Act ("FOIA") and analogous state laws related to the Mariachi program at John Jay High School and its budget; these requests are attached to Plaintiffs' proposed Complaint. (Id. at ¶ 4.) Plaintiffs claim that Gonzalez was treated with hostility and aggression by Principal Sumpter and the other individual Defendants when he made complaints about the budget allocation to the Mariachi band, and Principal Sumpter "destroyed" Gonzalez's initial civil rights complaint. (Id. at ¶ 3.) According to Plaintiffs, NISD's law firm intentionally delayed responding to Gonzalez's FOIA requests and improperly demanded excessive payment from Gonzalez for the information requested. Plaintiffs maintain that when NISD finally responded, its response was incomplete and inadequate. (Id.) Gonzales's first FOIA request soughtinformation regarding the budget allocated to each school in NISD over the last three years, as well as financial statements demonstrating how the budget was spent. (Sept. 27, 2019 FOIA Request [#4] at 4.) The second requested copies of Principal Sumpter's background check and resume. (Sept. 30, 2019 FOIA Request [#4] at 5.) And the third requested copies of all complaints against NISD, John Jay High School and other high schools in the district; all correspondence between the individual Defendants in this suit; and receipts and invoices associated with Defendants' law firm. (Jan. 29, 2020 FOIA Request [#4] at 13.)

In conjunction with its consideration of Plaintiff's motion to proceed IFP, the Court undertook an initial review of the pleadings pursuant to Section 1915(e) and identified several possible issues with Plaintiff's Original Complaint. First, the Court questioned whether Plaintiff had alleged a viable claim of race or national origin discrimination under Title VI of the Civil Rights Act of 1964, which requires plausible allegations of intentional discrimination based on race or national origin. Second, the Court questioned whether Plaintiff was intending to sue the individual Defendants named in this action in their official or individual capacities, pursuant to Section 1983 or some other act. Third, the Court asked for clarification as to whether Plaintiffs are attempting to bring additional causes of action directly under FOIA or the Texas Public Information Act and, if so, highlighted certain issues with such claims. Fourth, the Court questioned whether Gonzalez is attempting to bring this lawsuit on behalf of his daughter, who is no longer a minor, or on his own behalf.

The Court ordered Plaintiffs to respond to specific questions in their More Definite Statement, the answers to which might assist the Court in better understanding the factual allegations underlying this suit. These questions were posed as follows:

(1) Plaintiffs claim that Plaintiff Rivas was treated unfavorably because of her race and national origin. What specific adverse action do you claim Rivas suffered?
Why do you believe this adverse action was based on Rivas's race and national origin? Are you able to identify any entity, team, group, or individual that was treated more favorably by NISD? What injuries did Rivas suffer due to NISD's allegedly discriminatory actions?
(2) With respect to the Defendants other than Northside Independent School District, do you intend to plead any causes of action against any of them individually? If so, how were you harmed by each of these Defendants? What actions did each Defendant specifically take that contributed to this harm?
(3) With respect to Plaintiff Gonzalez, how do you allege that Plaintiff Gonzales was specifically harmed by Northside Independent School District? Are you alleging that Plaintiff Gonzales was a beneficiary or participant with respect to a federally funded program under Title VI?

Plaintiffs' Amended Complaint contains additional factual allegations and attached exhibits but does not specifically respond to these questions.

The Amended Complaint names the same Defendants as identified in Plaintiffs' Original Complaint and clarifies that Plaintiffs are pursuing their claims against the individual Defendants in both their official and individual capacities. (Am. Compl. [#5] at 1.) As to the claims Plaintiffs are asserting, the Amended Complaint references discrimination claims under both Title VI and Title IX of the Civil Rights Act of 1964, whereas the Original Complaint only referenced the Civil Rights Act generally. (Id. at 1-2.) Plaintiffs reassert their allegation that they were discriminated against based on their race, color, and national origin with respect to their Title VI claim but also allege sex discrimination under Title IX. (Id.) Plaintiffs complain that John Jay High School is a Title I school receiving federal funding and yet allocated zero funds to the Mariachi band in the 2019-2020 school year. (Id. at 2.) Plaintiffs state that Gonzalez attempted to exercise his rights as a parent under the Texas Education Code by filing the various public records requests referenced above, yet the requests were ignored, responses were delayed, and he was met with hostility by Principal Sumpter. (Id. at 2-3.)

Additionally, Plaintiffs reference Section 1983 and general violations of their constitutional rights and explain that, prior to filing this suit, they filed complaints with the District Attorney's Office of Bexar County, the Texas Attorney General, the U.S. Department of Education, and the U.S. Office for Civil Rights. (Id. at 4.) There are additional communications attached to Plaintiffs' Amended Complaint, including email correspondence between Gonzalez and Principal Sumpter regarding the issue of the Mariachi band needing new uniforms and letters from the law firm representing NISD addressing Gonzalez's complaints. (I...

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