London v. Directors of DeWitt Public Sch.
| Citation | 194 F.3d 873 |
| Decision Date | 17 September 1999 |
| Docket Number | No. 99-1374EA,99-1374EA |
| Parties | (8th Cir. 1999) Dorothy London, Parent and Next Friend of Carl Avery, Appellant, v. Directors of the DeWitt Public Schools; James O. Emerson, Superintendent of the DeWitt Public Schools; Tim Walton, Principal of the DeWitt Middle School; and Jeff Rader, Teacher, DeWitt Public Schools, Appellees. Submitted: |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
On Appeal from the United States District Court for the Eastern District of Arkansas.
Before RICHARD S. ARNOLD and LOKEN, Circuit Judges, and SIPPEL,1 District Judge.
Carl Avery, through his mother Dorothy London, appeals the District Court's2 judgment against him. Avery claims that the District Court erred in three respects: (1) in holding that defendant Jeff Rader did not violate Avery's substantive-due- process rights; (2) in holding there were no procedural-due-process violations in Avery's suspension or in his expulsion; and (3) in not ordering the DeWitt School System to submit a remedial plan concerning discrimination in hiring. We affirm the judgment of the District Court. We hold, in particular, that the school officials' conduct in the course of a physical confrontation with the plaintiff, a 13-year-old student, was not so egregious or unconscionable as to shock the judicial conscience. In reaching this conclusion, we are mindful that effective discipline and order in the schools are vital to the educational process.
On the morning of January 8, 1997, Jeff Rader, a teacher and coach at the DeWitt Middle School, entered the school cafeteria and saw two students, Carl Avery and Richard Foster, engaged in an activity that the District Court characterized as "horseplay" or "scuffling." Coach Rader told Avery and Foster to leave the cafeteria. Foster followed Coach Rader's directive. However, Avery told Coach Rader that he was going to eat his breakfast. Coach Rader again told Avery to leave the cafeteria. Avery then said he was going to get his books.
At this point, Coach Rader placed his hands on Avery and began to remove him from the cafeteria by force. Although the District Court was not clear on the precise chronology, it is undisputed that Avery fought back. Avery stated at a subsequent disciplinary hearing that he "slammed" Coach Rader into the table. During the course of this encounter, Coach Rader dragged Avery on the floor for approximately fifteen feet and then banged Avery's head against a metal pole outside the cafeteria. At trial, although Avery claimed he had sustained a head injury, he was unsure which side of his head had been hurt.
Coach Rader and Avery proceeded to Principal Tim Walton's office. Once inside, Principal Walton asked Avery what happened. Avery testified at trial that he attempted to tell his side of the story, but was told to "shut up" by Principal Walton when Coach Rader interjected his version. The District Court found that at some point, after unsuccessfully trying to leave, a frustrated Avery stood up and tried to speak. Principal Walton either put his hands up, indicating that he wanted Avery to stop, or placed his hands on the collar of Avery's coat. Avery struck both of Principal Walton's arms. Principal Walton then called the police.
Immediately prior to the meeting in his office, Principal Walton had called Avery's mother, Dorothy London, and informed her she needed to come to school because of a problem with her son. Ms. London arrived at the school shortly after the police. Principal Walton explained the situation to Ms. London, and informed her he would be recommending that her son be expelled.
Six days later, Principal Walton sent a letter to Ms. London detailing the incident, and informed her that Avery had been suspended for ten days. The letter stated that Principal Walton intended to recommend that Avery be expelled for the remainder of the school year. This letter further stated that Ms. London could request a hearing before the Board of Directors if she so desired, and at that meeting Avery had a right to be represented by his parents, a lay representative, or an attorney.
The next day, James Emerson, the Superintendent of the DeWitt School District, wrote a letter to Ms. London. In this letter, he informed Ms. London of his agreement with Principal Walton's decision to expel Avery for the remainder of the school year. This letter also informed Ms. London that she could request a hearing before the Board of Education, and explained to her the procedures for doing so.
A hearing was held on January 22, 1997, before the DeWitt School Board to consider the expulsion recommendation. Avery was represented at this hearing by attorney John Walker. Mr. Walker, pursuant to district rules, requested disclosure of statements given by Coach Rader and Principal Walton. However, Mr. Walker did not receive these statements until after Rader and Walton had testified. The District Court reviewed the audiotapes of the hearing, and found that Mr. Walker was allowed to question all witnesses against Avery, was not limited in types of questions he could ask, and was allowed to respond to all of the allegations and testimony presented in support of the recommendation of expulsion. At the conclusion of the hearing, the school board voted to expel Avery for the remainder of the school year.
Dorothy London filed this lawsuit against Superintendent James Emerson, Principal Tim Walton, Jeff Rader, and the Board of Directors of the DeWitt School District. After a two-day bench trial, and at the conclusion of the plaintiff's case, the District Court granted defendants' motion for judgment on partial findings pursuant to Federal Rule of Civil Procedure 52(c). Dorothy London now appeals that judgment.
The plaintiff argues that the factual findings of the District Court, supplemented by other portions of the record, make out a substantive-due-process violation under the standard articulated by this Court in Wise v. Pea Ridge School District, 855 F.2d 560, 564 (8th Cir. 1988). We disagree.
The District Court held that Coach Rader did not violate Avery's substantive-due- process rights. The Court supported its holding by making certain factual findings from the record. The Court found that Avery twice refused Rader's directive to leave the cafeteria, and that Avery fought back and "slammed" Rader into a table when Rader attempted to remove him from the cafeteria. Moreover, the District Court was "unable to find that . . . his [Coach Rader's] actions were motivated by bad faith or ill-will."
We review the District Court's Rule 52(c) factual findings for clear error. See Geddes v. Northwest Missouri State University, 49 F.3d 426, 429 n.7 (8th Cir. 1995). Our review of the record convinces us that the District Court's factual findings had substantial support in the record and are not clearly erroneous. Even if we supplement the District Court's factual findings with other parts of the record, as plaintiff requests, Coach Rader's conduct did not constitute a substantive-due-process violation under Wise.
The first Wise factor is the need for application of corporal punishment. Carl Avery twice disobeyed Coach Rader. His first statement that he was going to eat his breakfast is inconsistent with an intent to follow Coach Rader's directives. When he was again told to leave the cafeteria, he again disobeyed, stating that he was going to get his books. Although Coach Rader could have allowed Avery to get his books and then leave, we give school administrators substantial deference in matters such as student discipline and maintaining order. See Peterson v. Ind. School District No. 811, 999 F. Supp. 665, 673 (D. Minn. 199...
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