Jabr v. Rapides Parish School Bd. ex rel. Metoyer

• Decision Date: 27 September 2001
• Docket Number: No. CIV. A. 01-0623.,CIV. A. 01-0623.
• Citation: 171 F.Supp.2d 653
• Parties: Yazied JABR and Fatima Jabr, individually and on behalf of their minor children, Hesen Jabr and Ibrahim Jabr v. RAPIDES PARISH SCHOOL BOARD, By and Through its President, Rodessa METOYER; Dr. Patsy Jenkins, Superintendent of Schools in her official capacity, John Cotton, principal, Paradise Elementary School in his official capacity
• Court: U.S. District Court — Western District of Louisiana

171 F.Supp.2d 653

Yazied JABR and Fatima Jabr, individually and on behalf of their minor children, Hesen Jabr and Ibrahim Jabr v. RAPIDES PARISH SCHOOL BOARD, By and Through its President, Rodessa METOYER; Dr. Patsy Jenkins, Superintendent of Schools in her official capacity, John Cotton, principal, Paradise Elementary School in his official capacity

No. CIV. A. 01-0623.

United States District Court, W.D. Louisiana, Alexandria Division.

September 27, 2001.

COPYRIGHT MATERIAL OMITTED

David D. Benoit, Breaux Bridge, LA, Marjorie R. Esman, New Orleans, LA, for Plaintiffs.

Michael T. Johnson, Alexandria, LA, for Defendants.

MEMORANDUM RULING

LITTLE, Chief Judge.

Before this court is plaintiffs Yazied and Fatima Jabr's, ("the Jabrs"), opposed Motion for Partial Judgment on the Pleadings [Doc. No. 6], filed on 25 June 2001 against defendants Rapides Parish School Board ("the School Board"), Dr. Patsy Jenkins ("Jenkins"), and John Cotton ("Cotton"), pursuant to Federal Rule of Civil Procedure ("FRCP") 12(c). The Jabrs initiated this action on behalf of their minor children, Hesen Jabr and Ibrahim Jabr. Specifically, the plaintiffs' Motion for Partial Judgment on the Pleadings concerns the defendants alleged, unlawful distribution of New Testament Bibles in the public schools of Rapides Parish, Louisiana on 14 December 2000. Plaintiffs contend that the alleged distribution of Bibles violates the Establishment Clause of the First Amendment to the United States Constitution and Article 1 § 8 of the Louisiana Constitution. Further, the Jabrs seek the following: (1) a declaratory judgment under 28 U.S.C. §§ 2201 & 2202, and 42 U.S.C. § 1983, which declares that the distribution of Bibles by the School Board in the public schools of Rapides Parish violates the Establishment Clause of the First Amendment to the United States Constitution and Article 1 § 8 of the Louisiana Constitution; and (2) a preliminary and permanent injunction pursuant to Rule 65 of the FRCP, 42 U.S.C. § 1983, and 20 U.S.C. §§ 4071-74, enjoining the School Board from distributing Bibles at all public schools under the jurisdiction of the School Board in the manner the School Board distributed Bibles on 14 December 2000. Upon careful consideration of the motion, response, reply, the pleadings on file in this case, and the applicable law, this court GRANTS IN PART AND DENIES IN PART the motion for the reasons stated herein.

I. PROCEDURAL & FACTUAL BACKGROUND

The Jabrs are the parents of the minor children, who both attend Paradise Elementary School ("the School"), which is located in Pineville, Parish of Rapides, Louisiana. The School falls within the jurisdiction of the School Board. Additionally, the Jabrs reside within the jurisdiction of the School Board and are practicing members of the Muslim faith.

Paragraphs 9 and 10 of the plaintiff's complaint state the following:

Hessen Jabr is presently enrolled in Gayle Barnhill's fifth grade class at Paradise Elementary School. On December 14, 2000, she and other girls in her class were instructed to go to the office of the Principal John Cotton directly after physical education class. They lined up single file outside the office and were escorted inside, where Cotton presented each child with a copy of the Bible. With the Bible, Cotton wished each girl a "Merry Christmas."¹

Hesen Jabr declined to accept the Bible, saying "no, thank you" to Cotton when he presented it to her. Cotton told Hesen to "just take it," and because she felt pressured by the principal of her school, Hesen accepted the Bible from him.²

Plaintiffs contend that during school hours on 14 December 2000, school personnel directed the student, and all other fifth-grade students, to report to the principal's office directly after their physical education class. Further, after being lined up single-file, outside the principal's office, someone escorted the class, including the student, into the principal's office, where the principal "presented" (emphasis added) all students with a copy of the New Testament Bible ("Bible"). Afterwards, the principal wished each student a "Merry Christmas."

Plaintiffs claim that the student initially declined to accept the Bible from the principal; however, when the principal stated "just take it," the student felt pressured by the principal and subsequently accepted the Bible. After leaving the principals office, the plaintiffs aver that the student suffered scorn and ridicule from other students after explaining that she did not "read the Bible because her family does not believe in it." The plaintiff's account of events surrounding what happened in the principal's office on 14 December 2000 is somewhat dissimilar to defendant's version.

On 10 May 2001, defendants filed an Answer to plaintiff's complaint:

Defendants admit that Hesen Jabr is a fifth-grade student at Paradise Elementary School and that on December 14, 2000, John Cotton wished each and every student in the fifth-grade, including Hesen Jabr, a happy holiday and offered them a copy of the Bible. At no time was the gift forced upon Hesen Jabr and at all times, it was clear that Hesen Jabr had a choice of whether or not to accept said gift. All other allegations contained in paragraph 9 of plaintiffs' complaint are denied.³

In the Answer, defendants denied plaintiffs' allegations that a school official instructed the student's class to wait outside the principal's office, but do not explain how the student came to be at the principal's office on 14 December 2000. Instead, defendants claim that the principal "wished each and every student in the fifth-grade a happy holiday and `offered' (emphasis added) them a copy of the Bible." See Defs.' Answer at ¶ 9. Defendants also contend that the principal did not force the "gift" (emphasis added) upon the student and further allege the following: "it was clear that the student had a choice of whether or not to accept said gift." Id.

On 25 July 2001, plaintiffs filed an opposed Motion for Partial Judgment on the Pleadings under Rule 12(c) of the FRCP alleging defendants, in paragraph 9 of their Answer, admitted to distributing unlawfully Bibles in the public schools, thereby violating the Establishment Clause of the First Amendment to the United States Constitution and Article 1 § 8 of the Louisiana Constitution.

II. LAW AND ANALYSIS

This court has jurisdiction under 28 U.S.C. § 1331, 42 U.S.C. § 1983, the Fourteenth Amendment to the United States Constitution, and pendent jurisdiction of the claims asserted under the Louisiana Constitution and laws. Jurisdiction is not disputed.

A. Standard of Review

The plaintiffs seek relief pursuant to Rule 12(c) of the FRCP. A party may move for judgment on the pleadings after the pleadings are closed and when doing so would not delay the trial. See Fed. R.Civ.P. 12(c). A Rule 12(c) motion is appropriate where a judgment on the merits can be rendered by examining the substance of the pleadings and any judicially-noticed facts. See Hebert Abstract Co., Inc. v. Touchstone Properties, Ltd., 914 F.2d 74, 76 (5th Cir.1990). Judgment on the pleadings is appropriate only if the moving party clearly establishes that no material issue of fact remains to be solved, and that it is entitled to judgment as a matter of law. See Adams v. Davis, 2001 WL 815592, at *1 (E.D.La. July 18, 2001). In determining a Rule 12(c) motion for judgment on the pleadings, a court must accept the non-moving party's allegations as true. See id.

The standard applied on a Rule 12(c) motion is essentially the same as that applied on Rule 12(b)(6) motions; i.e., judgment on the pleadings is appropriate when, even if all material facts in the pleading attacked are true, the moving party is entitled to judgment as a matter of law. See Hebert Abstract Co., 914 F.2d at 76. In reviewing a Rule 12(b)(6) motion, the court must accept all well-pleaded facts or defenses in the complaint or answer as true and view them in the light most favorable to the non-moving party. See Baker v. Putnal, 75 F.3d 190, 196 (5th Cir.1996). In reviewing such a motion, the court cannot look beyond the face of the pleadings. Id.; see also Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir.1999). Moreover, all inferences reasonably drawn from these facts must be construed in favor of the responding party. See Voest-Alpine Trading USA Corp. v. Bank of China, 142 F.3d 887, 891 (5th Cir.1998). Therefore, when evaluating a motion to dismiss under FRCP 12(b)(6), this court must construe the School Board's answer in the light most favorable to the School Board and take the factual allegations or affirmative defenses contained therein as true. See Mitchell v. McBryde, 944 F.2d 229, 230 (5th Cir.1991); Mann v. Adams Realty Co., Inc., 556 F.2d 288 (5th Cir.1977).

As Rule 12(c) makes clear, "any party" may move for judgment on the pleadings as to an opposing party's pleadings. See Fed.R.Civ.P. 12(c). Thus, a motion for judgment on the pleadings may be filed by plaintiff, as well as defendant. Id. The Jabr's motion can be granted, however only if all of the defenses raised in the answer are legally insufficient; that is, if the answer fails to controvert a material fact alleged in the complaint. Here, the Jabrs are moving for partial judgment on the pleadings relating to the School Board's distribution of Bibles in the school on 14 December 2000 only; therefore, we will apply the standards outlined above to the plaintiffs' motion.

B. Liability under 42 U.S.C. § 1983 In General

Plaintiffs assert a claim under 42 U.S.C. § 1983 against the School Board, Jenkins, and Cotton; the claims against Jenkins and Cotton are in their official capacities. Plaintiffs' federal claim against defendants is based on 42 U.S.C. § 1983, which states:

Every person who, under color of statute, ordinance, regulation, custom, or usage, of any State ..., subjects or causes to be subjected any citizen of the United States or other person within...