Hager v. Pike County Bd. of Educ.

• Decision Date: 29 March 2002
• Docket Number: No. 00-6227.,00-6227.
• Citation: 286 F.3d 366
• Parties: Carolyn Sue HAGER, Plaintiff-Appellant, v. PIKE COUNTY BOARD OF EDUCATION and Frank Welch, individually, and in his official capacity as Superintendent of the Pike County Schools, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

286 F.3d 366

Carolyn Sue HAGER, Plaintiff-Appellant, v. PIKE COUNTY BOARD OF EDUCATION and Frank Welch, individually, and in his official capacity as Superintendent of the Pike County Schools, Defendants-Appellees.

No. 00-6227.

United States Court of Appeals, Sixth Circuit.

Argued October 9, 2001.

Decided and Filed March 29, 2002.

COPYRIGHT MATERIAL OMITTED

Arthur L. Brooks (briefed), James Follace Fields, II (argued and briefed), Brooks & McComb, Lexington, KY, for Plaintiff-Appellant.

Robert L. Chenoweth (argued and briefed), Chenoweth Law Office, Frankfort, KY, Patricia Todd Bausch, Sturgill, Turner, Barker & Maloney, Lexington, KY, John C. Fogle, III (briefed), Chenoweth Law Office, Frankfort, KY, for Defendants-Appellees.

Before JONES and MOORE, Circuit Judges; and HAYNES, District Judge.^*

NATHANIEL R. JONES, Circuit Judge.

Carolyn Sue Hager ("Hager"), a teacher and program coordinator in the Pike County schools, appeals the district court's grant of summary judgment to the Pike County Board of Education ("Board") and Frank Welch ("Welch") on her claims of retaliatory demotion and reassignment for political expression and association. Hager alleges that (1) under 42 U.S.C. § 1983, her demotion and reassignment violated her rights under the First and Fourteenth Amendments, and (2) under Kentucky state statutes, the actions violated a prohibition against demotion or discrimination against school employees for political activities. Defendants claim entitlement to qualified immunity because the reassignment was for non-political economic and efficiency reasons or they were permitted to take politics into account in their personnel decisions under the Elrod/Branti exceptions to the general rule against government employment actions based on political affiliations. Applying the Elrod/Branti exceptions, the district court found politics was an appropriate requirement for the position and no constitutional violation exists. We disagree with the court's finding on the Elrod/Branti exceptions and conclude that a genuine issue of material fact exists as to whether plaintiff was demoted and reassigned in violation of her clearly established rights. Therefore, we conclude that the defendants are not entitled to summary judgment on the issue of qualified immunity. Thus, we REVERSE and REMAND for further proceedings in Hager's retaliation suit against the Board and Welch.

I. FACTS

On January 4, 1988, Hager was hired by the Pike County School District as an elementary school teacher and taught in that capacity through the 1996-97 school year. Prior to May 1997, Hager openly and actively supported Reo Johns ("Johns") in a political race for Board appointment as Pike County School District Superintendent. Johns's opponent in the race was defendant Welch. Johns won and was appointed Superintendent. In May 1997, Johns appointed Hager to the position of Gifted and Talented Teacher/Coordinator ("G & TT/C"). The duties of the position include teaching gifted and talented students and overseeing various aspects of the District's Gifted and Talented Program ("GTP"). Once in the position, Hager obtained her state gifted and talented teaching certification and program coordination endorsement. When Hager took the G & TT/C position, it paid a salary of $20,000, which was fully funded by a grant from the Kentucky Department of Education ("KDE").

As G & TT/C, Hager spent the majority of her time providing direct services to students, and the remainder administering the GTP. Her office was in the District central office but she also traveled to local schools to work with the GTP teachers and students. She worked closely with Johns and his administration to build and improve the GTP by creating and implementing several new local programs, obtaining additional grants, and identifying an increased number of eligible students. She also regularly conferred with the State GTP Consultant, Laura Pekhonen ("Pekhonen"). Hager received excellent personnel evaluations and the District and Hager received national recognition for achievement in the program. In May 1998, Johns retired as Superintendent. The Board appointed Brenda Gooslin ("Gooslin") as Interim Superintendent. Hager's close working relationship on the GTP continued with Gooslin and her administration.

Between May and August 1998, Welch and Gooslin were opposing candidates for Board appointment as Superintendent. As she had with Johns, Hager openly and actively supported Gooslin against Welch. In August 1998, Welch won and was appointed Superintendent After he became Superintendent, Welch did little to learn about the GTP or what Hager was doing or had done with the program, or about the grant monies and state requirements regarding the program. Hager and Welch had virtually no interaction during his first nine months as Superintendent. Hager considered herself an outcast in the new administration.

At some point prior to April 15, 1999, Welch decided to eliminate the paid G & TT/C position and reassign the duties to another central office employee in an unpaid capacity. His intent was to distribute the $20,000 G & TT/C salary to local schools and teachers for use in their gifted and talented programs. He believed this arrangement was a more economic and efficient use of district resources. Welch allegedly based this decision on feedback and advice obtained from individuals inside and outside his administration, including his mentors and Pekhonen.

On April 15, 1999, Hager was called to an unscheduled meeting with Welch, his Assistant Superintendent Paul Dotson ("Dotson"), and District Personnel Director David Lester ("Lester") in Welch's office. In the meeting, Welch informed Hager that, due to a state budget deficit and instructions Welch had received from the KDE, there was a need for restructuring in the school district. Welch informed Hager that, as part of the restructuring, he was recommending to the Board that it abolish the G & TT/C position for the next school year. Welch also told Hager that she would be reassigned to classroom teaching at the elementary school level, with a salary reduction of $28,000 and no responsibilities in the GTP. Hager attempted to inform the men that there were state statutory and regulatory requirements for the GTP which prohibited abolition of the G & TT/C position. According to Hager, Welch stated that he would research the state requirements and get back to her. Hager asserts that at the end of the meeting Welch told her that she was not to speak with anyone about the meeting or what was said in it.

In the days following the April 15th meeting, Hager did not hear from Welch again. She did, however, speak individually with Dotson and Lester in an attempt to learn the reasons for the restructuring and whether she would have any duties in the GTP. She claims that she was met with derision and contempt. Soon thereafter, Welch recommended that the Board abolish the G & TT/C position and the Board followed the recommendation. The Board subsequently established new positions in the program, including "Title 1 and Title 6 Gifted and Talented Coordinator" and "Title 1 Assistant Coordinator." Hager applied for both positions, but her applications were denied. Prior to the 1999-2000 school year, Welch assigned the G & TT/C duties to central office employee Maritta Belcher ("Belcher"), on a part-time basis and in addition to Belcher's full-time duties as the District's Instructional Technology Coordinator. Belcher performs the ministerial coordinator duties but does not teach in the GTP.

On August 18, 1999, Hager filed suit in the District Court for the Eastern District of Kentucky, seeking injunctive relief and damages for violation of her First and Fourteenth Amendment rights of free speech, expression, and association, and pendent state law claims for wrongful demotion or discrimination based on political activities. She asserted that the G & TT/C position was never really abolished, but that she was demoted and reassigned entirely out the GTP in retaliation for political support of candidates opposed to Welch and his allies. After discovery, defendants moved for summary judgment based on qualified immunity, claiming that Welch had reassigned Hager for economic and efficiency reasons or that Hager was in a position that required political affiliation and, therefore, she could be reassigned for political reasons under the Elrod/Branti exceptions to the general rule against government employment actions based on political activities.

On August 9, 2000 the district court granted defendants's motion. The court applied the Elrod/Branti exceptions and determined that the G & TT/C was either a confidential advisor to the Superintendent or a direct delegate of significant discretionary authority to carry out policies of political concern, and, thus, in a position that required political loyalty. Based on this determination, the court held that Hager could be removed from the G & TT/C position and reassigned without a constitutional violation. Finding no genuine issues of material fact, the court dismissed the federal claims and did not address the pendent state law claims. Plaintiff filed a timely appeal to this court.

II. DISCUSSION

A. Summary Judgment

Summary judgment is proper "if the pleadings, depositions, answers to 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). This court reviews de novo a grant of summary judgment. Brooks v. Am. Broad. Co., 999 F.2d 167, 174 (6th Cir.1993). When reviewing a motion for summary judgment, we must draw all justifiable inferences in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Christian v. Belcher, 888 F.2d...