Johnson v. Knight

Citation536 F.Supp.2d 1012
Decision Date16 January 2008
Docket NumberNo. 5:06CV00072 SWW.,5:06CV00072 SWW.
PartiesDr. Ronnie JOHNSON, Plaintiff, v. Charles D. KNIGHT, Individually and as Superintendent of Schools of the Watson Chapel, Arkansas School District No. 24, a Public Body Corporate; and the Board of Education of the Watson Chapel, Arkansas School District No. 24, A Public Body Corporate; Defendants.
CourtU.S. District Court — Eastern District of Arkansas

John W. Walker, John W. Walker, P.A., Little Rock, AR, for Plaintiff,

Michael J. Dennis, Bridges, Young, Matthews & Drake, Pine Bluff, AR, for Defendants.

Memorandum Opinion and Order

SUSAN WEBBER WRIGHT, District Judge.

This is an employment discrimination case. Ronnie Johnson, a black female, brings claims of race and gender discrimination and retaliation against the Superintendent of the Watson Chapel School District, Charles D. Knight, in his official and individual capacities, and the Board of Education of the Watson Chapel School District, pursuant to 42 U.S.C. § 1981, 42 U.S.C. § 1983, and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e) et seq. The case was tried to the Court on February 12-15, 2007, and September 17, 2007. The parties submitted post-trial briefs.1 This opinion and order will constitute the Court's findings of fact and conclusions of law pursuant to Fed. R.Civ.P. 52(a).

Findings of Fact

Johnson has been employed with the Watson Chapel School District ("the District") since 1979. She began her employment as a teacher, and at all times relevant to this litigation, Johnson was a special education teacher. Now she is an assistant principal at the District's junior high school. Johnson graduated from the University of Arkansas at Pine Bluff with a BA degree in 1976. She earned a master's degree from Henderson State University in 1980, and a doctorate degree in school administration from the University of Arkansas at Little Rock in 2004. Along the way, she earned certifications in elementary and secondary, administration as well as director of administration, which Johnson describes as a superintendent certification. Defendant Knight was the superintendent of the District for 25 years before his retirement on July 1, 2007.

In 1998, when Johnson became certified as an administrator, she began applying for administrative vacancies in the District. In February 1999, Johnson wrote Knight a letter, advising him that she had received her administrative certification and informing him of her desire for an administrative position with the District. See Pl's. Ex. 5. In April 2000, Johnson sent Knight another letter, updating, her February 1999 application. See Pl's. Ex. 6.

Johnson had a letter of application on file when, in June 2000, Knight informed Johnson he had selected Henry Webb, a black male, to fill the assistant junior high school principal position that became available with the retirement of Mr. Roberts.2 Apparently, in the summer of 1999, Johnson was interviewed for an elementary school administrative position. She did not get the position. Annie Shaw, a black female, was promoted to assistant principal at Coleman Elementary School. Tr. at 765. In response to Knight's selection of Webb, Johnson said she went to see Knight and then wrote him a letter in July 2000, complaining about her failure to be selected for the elementary school position or the junior high position, and noting, that Webb had only two years experience and came from outside the District. See Pl's. Ex. 7. She recalled that when she applied for the elementary position, Knight told she had no elementary experience. She complained that even though she had twenty-one years experience at the junior high level, Knight selected Webb who had only two years experience and none with the District. She also recalled that when they had spoken earlier, Knight told Johnson that while he was not trying to run her off, the Pine Bluff School District had plenty of administrative openings. Id. In response to her' letter, Knight told Johnson he had given her serious consideration but decided against her, stating he was looking for someone "with appropriate credentials who possessed a mature bearing and an ability to communicate effectively." See Pl's. EL 8. Knight testified that a member of the Board of Education told him he knew someone who might be interested in the position, and Knight interviewed and hired Webb. Tr. at 467-68. Knight said Webb had two years of administrative experience in addition to years of experience as a classroom teacher. See Pl's. Ex. 8.

In June 2001, Johnson applied for an administrative position and was interviewed by Becca Davis, the junior high school principal, and Henry Webb, the assistant principal. Davis and Webb recommended two black females, Sandra Williams and Bobbie Bridges, who then were interviewed by Knight. Tr. at 475. Knight selected Williams to fill the assistant junior high principal position. See Pl's. Exs. 9 & 10; Tr. at 475-477. Williams had received, a master's degree in June 2000. See Pl's. Ex. 32. Knight testified his decision to recommend Williams was based heavily on Davis' recommendation. Tr. at 477. The District had a policy, referred to as GAAB, setting forth criteria for personnel decisions. Pl's. Ex. 22. Johnson testified that the policy, which listed number of years in the District as an objective qualification, was not followed when Knight selected Williams as assistant principal. Tr. at 878-79.

In 2002, there was a vacancy for principal at Coleman Elementary School, and Knight testified he spoke with Webb, Rosie Martin, and William Tietz, after he learned that Shaw, who was the assistant principal at Coleman, was not interested in the position. Tr. at 480-85. Knight said he knew Webb was interested in being a principal so he asked Webb to come to his office to visit. Tr. 481-82. Webb told Knight he was happy with his position at the junior high school. Pl's. Ex. 56. Knight did not consider Johnson for the position, Tr. at 484, and recommended that the Board hire Tietz, a white male from outside the District. See Pl's. Ex. 56.

On May 24, 2002, Johnson wrote Knight expressing her interest in an administrative position. See Pl's. Ex. 11. In August 2002, shortly before classes were to begin, Gene Stewart, the high school principal, resigned. Leydel Willis, a black female, and John Branch, a black male, were the assistant high school principals. Willis testified she suggested to Knight that she and Branch serve as co-principals. Tr. at 57. Knight took her suggestion and, rather-than appointing an assistant principal, Knight asked Kent Baggett, a white male and the activities director, to help Willis and Branch with discipline. Tr. at 102, 133, 179-80. Baggett testified he helped out with discipline for about two years performing many of the duties of an assistant principal. Tr. at 103-104; Pl.'s Ex. 24. During the 2004-05 school year, Knight assigned John Hayden, a white male and football coach, to assist Willis and Branch with discipline at the high school. Tr. 173; Ex. 19.3 Hayden did not have an elementary or secondary principal certification at the time. Tr. at 153. He, along with Baggett and Jeff Glover, another white male, were attending classes to obtain their administrative certifications. Tr. at 98-99. Knight testified it was easier to assign coaches to help out with discipline than to move a special education teacher. Tr. 597-99.

In February 2003, Knight promoted Baggett to the position of athletic director.4 Baggett did nit formally apply for the position but received the promotion after visiting with Knight about it. Tr. at 99-100. In 2003, Knight hired Tim Taylor, a white male from outside the District, to be principal of Owen Elementary School.5 Tr. at 596, 699; Defs.' Ex. 22.

Johnson applied for an assistant administrative position in June 2003, in April 2004, and in April 2005. See Pl's. Exs. 12, 13, & 14. She got no response from Knight. Tr. at 698-99. In May 2005, Johnson updated her letter of application, specifically mentioning her interest in a position previously held by Brenda Melton. See Pl's. Ex. 15. Johnson learned that Melton had been promoted to the position of assistant superintendent when Johnson was testifying in a trial on a co-worker's discrimination case against the District. Johnson assumed Melton's former position was vacant. Tr. at 701.

Knight responded to Johnson's letter on May 31, 2005, congratulating her on earning her doctorate, telling her that there were no administrative openings, and that Melton's promotion did not create a vacancy. See Pl's. Ex. 16. He also stated he would not inform Johnson personally of administrative openings, and called her request that he do so "unusual and presumptuous." Id. Johnson wrote Knight back in July 2005, stating it was not her intention to be insubordinate, and noting she had received her doctorate in August 2004, approximately a year earlier. See Pl's. Ex. 17.

In the summer of 2005, Becca Davis, the principal of the junior high school, resigned. Knight appointed the assistant principal, Webb, as principal on an interim basis, and assigned Hayden to help with discipline at the junior high school. Knight relieved Hayden of his teaching duties and gave him a pay increase. Tr. 133-35. Hayden handled duties similar to those of an assistant principal, such as routine discipline; administering student attendance and absentee policies, attending extracurricular activities, lunchroom duty, paddling students, and parent conferences. He also performed other duties as assigned by Webb. Tr. at 135-36. Williams continued to serve as an assistant principal at the junior high school. 405-06.

Johnson wrote Knight a letter in July, 2005, applying for the assistant junior high principal position and suggesting the creation of two curriculum coordinator positions. See Ex. 18. Knight responded, telling Johnson he had decided not to...

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