Jackson v. Drake University

• Decision Date: 13 February 1992
• Docket Number: Civ. No. 4-90-CV-70304.
• Citation: 778 F. Supp. 1490
• Parties: Terrell JACKSON, Plaintiff, v. DRAKE UNIVERSITY, Defendant.
• Court: U.S. District Court — Southern District of Iowa

778 F. Supp. 1490

Terrell JACKSON, Plaintiff, v. DRAKE UNIVERSITY, Defendant.

Civ. No. 4-90-CV-70304.

United States District Court, S.D. Iowa, C.D.

December 6, 1991.

Reconsideration Granted February 13, 1992.

Lawrence L. Marcucci, West Des Moines, Iowa, for plaintiff.

Terrence A. Hopkins, Hopkins & Huebner, James R. Swanger, Robert D. Andeweg, Brown, Winick, Graves & Donnelly, Des Moines, Iowa, for defendant.

MEMORANDUM OPINION, RULING PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND ORDER

VIETOR, Chief Judge.

Plaintiff Terrell Jackson was recruited to attend, and play basketball at, Drake University. Jackson has several complaints regarding the way he was treated and the manner in which the men's basketball program was run during the period that he was a member of the team. Jackson originally brought suit against defendant Drake University in the Iowa District Court for Polk County. Jackson's complaint states six counts: (I) breach of contract; (II) negligence; (III) negligent misrepresentation; (IV) fraud; (V) negligent hiring; and (VI) violation of civil rights based on 42 U.S.C. § 1981. Drake removed the action to this court on June 4, 1990, based on the section 1981 claim and diversity of citizenship.

Drake moves for summary judgment, and Jackson resists. The motion is submitted.¹

Summary Judgment Standard

Rule 56 of the Federal Rules of Civil Procedure provides that summary judgment "shall be rendered forthwith 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(e). To preclude the entry of summary judgment, the nonmovant must make a sufficient showing on every essential element of its case for which it has the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Continental Grain Co. v. Frank Seitzinger Storage, Inc., 837 F.2d 836, 838 (8th Cir. 1988). Rule 56(e) requires the nonmoving party to go beyond the pleadings and by affidavits, or by the "depositions, answers to interrogatories, and admissions on file," designate "specific facts showing that there is a genuine issue for trial." Fed. R.Civ.P. 56(e); Celotex, 477 U.S. at 324, 106 S.Ct. at 2553; Johnson v. Schopf, 669 F.Supp. 291, 295 (D.Minn.1987). The quantum of proof that the nonmoving party must produce is not precisely measurable, but it must be "enough evidence so that a reasonable jury could return a verdict for the nonmovant." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986); Johnson, 669 F.Supp. at 295-96.

On a motion for summary judgment, the court views all the facts in the light most favorable to the nonmoving party, and gives that party the benefit of all reasonable inferences that can be drawn from the facts. United States v. City of Columbia, Mo., 914 F.2d 151, 153 (8th Cir. 1990); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th Cir. 1990).

Facts

The following facts are undisputed or represent plaintiff's version. Defendant Drake University is a private educational institution incorporated under the laws of Iowa. In 1988, Drake began looking for a new head coach of the men's basketball team. Drake athletic director Curtis Blake was appointed chairman of the search committee formed to select the new head coach.

In March 1988, Tom Abatemarco was hired as the Drake men's basketball team head coach. Blake made the decision to hire Abatemarco. He based his decision upon, among other things, the search committee's unanimous recommendation. Blake's decision was reported to Michael Ferrari, President of Drake. Ferrari subsequently confirmed Blake's decision. At the time of making his decision, Ferrari did not have all of the information regarding Abatemarco that Blake had. Specifically, Ferrari was not aware of a Sports Illustrated article Blake had read that dealt with, in part, Abatemarco's reputation as a recruiter.

Sometime after assuming the responsibilities of head coach, Abatemarco began recruiting plaintiff Jackson to attend and play basketball at Drake. In recruiting Jackson, Abatemarco emphasized the high quality of education that Jackson would receive at Drake. Abatemarco also told Jackson that the basketball program would be structured around Jackson and he would be the star of the team. Subsequently, Jackson enrolled at Drake in the fall of 1988.

Drake provided Jackson with the assistance of a tutor while playing basketball. Abatemarco and his coaching staff scheduled basketball practices which interfered with Jackson's allotted study time and tutoring schedule. Jackson attended these practices under threats that his scholarship would be taken away if he did not comply. Abatemarco's coaching staff prepared term papers for Jackson which they expected Jackson to turn in for credit as his own work. Jackson refused the offer of term papers provided by the staff. Abatemarco and his staff recommended that Jackson take certain "easy" courses in order to maintain his academic eligibility. Jackson refused to take the recommended easy courses and selected his own courses. Jackson does not question the adequacy of the tutoring and has no complaint with the quality of classroom instruction that he received.

During practices, Abatemarco singled out Jackson and required him to do extra running and exercises in the form of running laps and sprints, and doing situps and pushups. Abatemarco did not, however, physically injure Jackson. Abatemarco yelled at Jackson and called him foul and derogatory names. In January, 1990, Jackson quit the Drake basketball team.

Jackson and Drake executed financial aid agreements on July 12, 1988 and May 11, 1989. The agreements are the only written agreements that exist between the parties, and Drake has fully performed the obligations imposed on it by the agreements.

Count I: Breach of Contract

Jackson complains that Drake breached its contract with him by: failing to provide independent and adequate academic counseling and tutoring; failing to provide adequate study time; requiring Jackson to turn in plagiarized term papers; disregarding Jackson's progress toward an undergraduate degree; and urging Jackson to register for easy classes. Jackson also contends that the financial aid agreements granted him the right to an educational opportunity and the right to play basketball for a Division I school. Drake argues that it is entitled to summary judgment on Count I because it has performed all of the obligations required by the financial aid agreements.

The financial aid agreements entered into by Drake and Jackson constitute valid contracts. See Hysaw v. Washburn University, 690 F.Supp. 940, 946-47 (D.Kan.1988); Taylor v. Wake Forest University, 16 N.C.App. 117, 121, 191 S.E.2d 379, 382 (1972). Jackson has admitted that Drake has performed all obligations imposed by the financial aid agreements, but argues that implicit in the agreements is the right to play basketball. The financial aid agreements make no mention of such a right. Under Iowa law, where the language of a contract is clear and unambiguous, the language controls. Ridinger v. State, 341 N.W.2d 734, 737 (Iowa 1983). The court concludes that the financial aid agreements do not implicitly contain a right to play basketball. See Hysaw v. Washburn University, 690 F.Supp. at 946-47 (tuition agreement did not make promise that student-athletes would be allowed to play football). Therefore, and because Drake has met all its obligations under the agreements, Drake's motion for summary judgment on the breach of contract claim will be granted.

Count II: Negligence

Jackson contends that by recruiting him to attend Drake University, Drake "undertook a duty to Jackson to provide an atmosphere conducive to academic achievement." According to Jackson, Drake breached this duty by requiring and urging him to enroll in easy courses which would ensure his academic eligibility regardless of the courses' academic worth or his progress toward an undergraduate degree. Jackson also contends that Drake breached its duty by scheduling practices which substantially interfered with his study time and tutoring schedule, and by requiring him to attend these practices under threats that his scholarship would be taken away if he did not comply. Drake argues that Jackson's negligence claim is a claim for "educational malpractice," a claim not recognized under Iowa law.

A prerequisite to establishing a claim of negligence is the existence of a legal duty. Shaw v. Soo Line R.R., 463 N.W.2d 51, 53 (Iowa 1990). Not every claim of negligence creates a civil cause of action, Engstrom v. State, 461 N.W.2d 309, 315 (Iowa 1990), and whether a legal duty arises out of a parties' relationship sufficient to form the basis of a claim of negligence is a matter of law for the court to decide. Shaw v. Soo Line R.R., 463 N.W.2d at 53. In determining whether the law imposes a duty, factors to be considered include "the likelihood of injury from the existence of the condition, the magnitude of guarding against it, and the consequences of placing the burden upon the defendant...." Figueroa v. Evangelical Covenant Church, 879 F.2d 1427, 1437-38 n. 12 (7th Cir.1989).

Jackson cites several cases in support of his claim, arguing that common law tort principles apply to this case rather than an educational malpractice analysis. Jackson's argument is not persuasive. He argues that the cases cited support the proposition that the court should find Drake had a duty to provide an atmosphere conducive to academic achievement. The cases cited, however, are clearly distinguishable from the instant case. In the cited cases, the courts hold that a school bus driver must exercise the care of an...