LQA, BY AND THROUGH ARRINGTON v. Eberhart

• Decision Date: 21 February 1996
• Docket Number: Civ. No. 94-D-1427-N.
• Citation: 920 F. Supp. 1208
• Parties: L.Q.A., By and Through his guardian, father and mother Leonard and Dorothy ARRINGTON, Plaintiffs, v. John A. EBERHART, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

920 F. Supp. 1208

L.Q.A., By and Through his guardian, father and mother Leonard and Dorothy ARRINGTON, Plaintiffs, v. John A. EBERHART, et al., Defendants.

Civ. No. 94-D-1427-N.

United States District Court, M.D. Alabama, Northern Division.

February 21, 1996.

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Will R. Kelly, Hayneville, AL, Leonard Q. Arrington, Deborah M. Nickson, Montgomery, AL, Thomas R. Fields, III, Hayneville, AL, for plaintiffs.

James R. Seale, Martha Ann Miller, Montgomery, AL, Clay R. Carr, Birmingham, AL, for defendants.

MEMORANDUM OPINION

DE MENT, District Judge.

Before the court is defendants Stan Cox, J.W.M. Covington, Bobbie Greenwood, Mary Hayes and Lois Johnson's motion for summary judgment filed on December 15, 1995. Also pending before the court is defendants John A. Eberhart, Montgomery County Board of Education, Henry A. Spears, Michael C. Dickey, H.W. Brendle, Herman L. Harris, John H. Winston, Jr., Margaret A. Carpenter and Tony Edwards' motion for summary judgment, filed on December 15, 1995, and defendants Willie Scott, Jr. and Marcus Davis' motion for summary judgment, filed on December 21, 1995. The plaintiff, L.Q.A., responded in opposition to said motions on January 19, 1996. Because the motions involve similar issues and arise from the same set of facts, the court will address them simultaneously. After careful consideration of the arguments of counsel, the relevant case law and the record as a whole, the court finds that the defendants' motions are due to be granted.

JURISDICTION AND VENUE

The plaintiff alleges that the defendants abridged certain rights guaranteed by the United States Constitution; therefore, jurisdiction is proper under 28 U.S.C. § 1331.¹ The plaintiff also alleges violations of Alabama statutory and common law. These purported violations transpired during the same transaction and occurrence as the alleged constitutional deprivations; therefore, the court may assert supplemental jurisdiction over the plaintiff's state law claims. See 28 U.S.C. § 1367(a).² Personal jurisdiction of Defendants' person and venue are not contested.

SUMMARY JUDGMENT STANDARD

On a motion for summary judgment, the court is to construe the evidence and factual inferences arising therefrom in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). Summary judgment can be entered on a claim only if it is shown "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). As the Supreme Court has explained the summary judgment standard:

The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no genuine issue as to any material fact, since a complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The trial court's function at this juncture is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986) (citations omitted). A dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; see also Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989).

The party seeking summary judgment has the initial burden of informing the court of the basis for the motion and of establishing, based on relevant "portions of `the pleadings, depositions, answers to interrogatories, and admissions in the file, together with affidavits, if any,'" that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S. at 323, 106 S.Ct. at 2553. Once this initial demonstration under Rule 56(c) is made, the burden of production, not persuasion, shifts to the nonmoving party. The nonmoving party must "go beyond the pleadings and by his own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Celotex, 477 U.S. at 324, 106 S.Ct. at 2553; see also Fed.R.Civ.P. 56(e).

In meeting this burden the nonmoving party "must do more than simply show that there is a metaphysical doubt as to the material facts." Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). That party must demonstrate that there is a "genuine issue for trial." Fed.R.Civ.P. 56(c); Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356. An action is void of a material issue for trial "where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party." Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356; see also Anderson, 477 U.S. at 249, 106 S.Ct. at 2510-11.

FINDINGS OF FACT

The minor plaintiff, L.Q.A., was a student at Georgia Washington Junior High School (hereafter Georgia Washington) in the Montgomery County Public School System. Defendant Bobbie Greenwood was the plaintiff's home economics teacher at Georgia Washington and is employed by the Montgomery County Board of Education. Defendant Stan Cox is the Principal of Georgia Washington and an employee of the Montgomery County Board of Education. Defendants J.W.M. Covington, Mary Hayes and Lois Johnson are employees of the Montgomery County Board of Education and were appointed by the superintendent of the Montgomery County Public Schools to serve as members of the hearing panel that considered the recommendation to expel the plaintiff from the Montgomery County Public School System. Defendant John A. Eberhart is superintendent of the Montgomery County Public Schools. Defendants Henry A. Spears, Michael C. Dickey, H.W. Brendle, Herman L. Harris, John H. Winston, Jr., Margaret A. Carpenter and Tony Edwards are members of the Montgomery County Board of Education.

On October 7, 1994, Ms. Greenwood received a report from a student in her class that the plaintiff had marijuana in his possession in Ms. Greenwood's class at Georgia Washington. Dep. of Greenwood at 47 & 53-54; Bd. of Educ. Hr'g Tr. at 16. Ms. Greenwood reported this allegation to the Sheriff's Deputy on duty at the school, Marcus Davis and the deputy notified the school principal, Mr. Cox. Dep. of Cox at 17-18. The plaintiff was escorted from the classroom to Mr. Cox's office by Deputy Davis. Dep. of L.Q.A. at 29-30.

After the plaintiff's removal from the classroom, Ms. Greenwood searched the area of the classroom where the plaintiff had been seated. Bd. of Educ. Hr'g Tr. at 58-61. Ms. Greenwood found a plastic bag containing a substance that she believed to be marijuana, a rolled cigarette and a book of cigarette papers in the sewing machine cabinet where the plaintiff was sitting. Id.; Dep. of Greenwood at 82-83. Ms. Greenwood gave these items to Deputy Davis, who in turn showed the items to Mr. Cox. Dep. of Greenwood at 85; Bd. of Educ. Hr'g Tr. at 60.

The plaintiff was informed of the accusation against him. Dep. of L.Q.A. at 30. In fact, Deputy Davis read the plaintiff his juvenile rights. Bd. of Educ. Hr'g Tr. at 107. The plaintiff declined to make any statement and requested that his parents be contacted. Id. His parents were notified and informed of the allegations against him, and his father came to the school campus. Id. His father checked him out of school and both father and son left the school campus. Dep. of L.Q.A. at 31.

That same day, after reviewing the information revealed during his investigation, Mr. Cox suspended the plaintiff for ten days. Pl.'s Compl. at ¶ 14; Bd. of Educ. Hr'g Tr. at 115. The plaintiff's parents were notified of his ten day suspension by a letter dated October 7, 1994. Pl.'s Ex. A attach. to Amend.Compl.; Bd. of Educ. Hr'g Tr. at 115; Ex. 7 attach. thereto. The letter also stated that the plaintiff's indefinite expulsion had been recommended and it listed the reasons for the recommendation. Id. Furthermore, the notice stated that an administrative hearing would be held concerning the proposed expulsion. Id. By letter dated October 13, 1994, the plaintiff's parents were notified that an expulsion hearing would be held on October 20, 1994. Pl.'s Ex. B attach. to Amend. Compl.; Ex. 1 attach. to Dep. of Dorothy Arrington. This notice also itemized the reasons for the proposed expulsion. Id.

On October 20, 1994, Mr. Covington, Ms. Hayes and Mr. Johnson, as designees of the Montgomery County School Superintendent, held a hearing to consider whether the plaintiff should be expelled from the Montgomery County School System for an indefinite period. Pl.'s Compl at ¶ 16. During said hearing, one student appeared and testified that the plaintiff had shown her a bag of marijuana. In addition, signed statements from other students were read into the record, which stated that the plaintiff had shown these students a bag of marijuana. Pl.'s Compl. at ¶ 21. Because the students whose statements were read into the record were not present to testify in person, the plaintiff's attorney requested that the hearing be continued. Pl.'s Compl. at ¶ 29. Pursuant to that request, the hearing was continued until October 21, 1994. Pl.'s Compl. at ¶ 30. By letter dated October 20, 1994, the plaintiff's parents were notified of the continuation. This letter also advised them of the...