Martin v. Tex. Dept. of Protect. and Regul. Srvcs., Civ.A. H04-4160.

• Decision Date: 16 December 2005
• Docket Number: No. Civ.A. H04-4160.,Civ.A. H04-4160.
• Parties: Lance MARTIN and Connie Martin, individually and as next friend to Denise Lynn Martin, Plaintiffs, v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, et al., Defendants.
• Court: U.S. District Court — Southern District of Texas

Page 775

405 F.Supp.2d 775

Lance MARTIN and Connie Martin, individually and as next friend to Denise Lynn Martin, Plaintiffs, v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, et al., Defendants.

No. Civ.A. H04-4160.

United States District Court, S.D. Texas, Houston Division.

December 16, 2005.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Chris Lynn Branson, Attorney at Law, Houston, TX, for Plaintiffs.

Terence L. Thompson, Office of Atty General, Austin, TX, Clay T. Grover, Feldman & Rogers, Houston, TX, for Defendants.

MEMORANDUM AND OPINION

ROSENTHAL, District Judge.

Lance and Connie Martin sued the Texas Department of Protective and Regulatory Services ("TDPRS" or "CPS"), the Fort Bend Independent School District ("FBISD"), and a number of TDPRS and FBISD employees. The Martins alleged that the one-month removal of their daughter, Denise, from their home based on a teacher's report of suspected sexual abuse violated federal and state constitutional rights, as well as state statutory and common law. TDPRS and the individually-named TDPRS employees, Thomas Chapmond, Karen Sheehan, Sherrece Haywood, Amy Odin, and Janie Hughes have moved to dismiss the Martins' claims against them on the basis of sovereign immunity. (Docket Entry Nos. 4, 7, 8, and 9.) In a previous Memorandum and Opinion, this court granted the TDPRS motion to dismiss, and granted in part and denied in part the TDPRS employees' motion to dismiss. The FBISD and its superintendent, Betty Baitland; Denise's teacher, Christine Saberi; and Denise's teacher's aide, Ericka DeLaGarza, also moved for summary judgment. (Docket Entry No. 22). This court granted FBISD's, Betty Baitland's, and Ericka DeLaGarza's motions for summary judgment. (Docket Entry No. 26). This court reserved judgment on Christine Saberi's motion for summary judgment and permitted additional, limited discovery to clarify the record. (Id.). Saberi has filed a motion to supplement the summary judgment record and a motion to reconsider the ruling on the motion for summary judgment, (Docket Entry Nos. 27, 28), to which the plaintiffs have responded, (Docket Entry No. 36), and Saberi has replied, (Docket Entry Nos. 37, 38). Additionally, CPS defendants Haywood, Odin, Hughes, Sheehan, and Chapwood have filed a motion for summary judgment based on qualified immunity, (Docket Entry No. 35), to which the plaintiffs have responded, (Docket Entry No. 39).

Based on the pleadings, the motions, the parties' submissions, the record, and the applicable law, this court grants Saberi's motion to supplement the record and the motion for reconsideration; grants the motions for summary judgment; and by separate order, enters final judgment in favor of the defendants. The reasons for these decisions are set forth below.

I. Factual and Procedural Background

Plaintiffs' Original Complaint and this court's previous Memorandum and Opinion set out a detailed account of the events and communications at issue. (Docket Entry Nos. 1, 26). The relevant facts are reiterated below as useful for analyzing each motion.

II. The Motions for Summary Judgment

A. The Summary Judgment Standard

Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. See FED. R. CIV. P. 56. Under FED. R. CIV. P. 56(c), the moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Stahl v. Novartis Pharms. Corp., 283 F.3d 254, 263 (5th Cir.2002). If the burden of proof at trial lies with the nonmoving party, the movant may either (1) submit evidentiary documents that negate the existence of some material element of the opponent's claim or defense, or (2) if the crucial issue is one on which the opponent will bear the ultimate burden of proof at trial, demonstrate the evidence in the record insufficiently supports an essential element or claim. Celotex, 477 U.S. at 330, 106 S.Ct. 2548. The party moving for summary judgment must demonstrate the absence of a genuine issue of material fact, but need not negate the elements of the nonmovant's case. Boudreaux v. Swift Transp. Co., Inc., 402 F.3d 536, 540 (5th Cir.2005). "An issue is material if its resolution could affect the outcome of the action." Weeks Marine, Inc. v. Fireman's Fund Ins. Co., 340 F.3d 233, 235 (5th Cir.2003) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). If the moving party fails to meet its initial burden, the motion for summary judgment must be denied, regardless of the nonmovant's response. Baton Rouge Oil & Chem. Workers Union v. ExxonMobil Corp., 289 F.3d 373, 375 (5th Cir.2002).

When the moving party has met its Rule 56(c) burden, the nonmoving party cannot survive a motion for summary judgment by resting on the mere allegations of its pleadings. The nonmovant must identify specific evidence in the record and articulate the manner in which that evidence supports that party's claim. Johnson v. Deep East Tex. Reg'l Narcotics Trafficking Task Force, 379 F.3d 293, 305 (5th Cir.2004). The nonmovant must do more than show that there is some metaphysical doubt as to the material facts. Armstrong v. Am. Home Shield Corp., 333 F.3d 566, 568 (5th Cir.2003).

In deciding a summary judgment motion, the court draws all reasonable inferences in the light most favorable to the nonmoving party. Anderson, 477 U.S. at 255, 106 S.Ct. 2505; Calbillo v. Cavender Oldsmobile, Inc., 288 F.3d 721, 725 (5th Cir.2002). "Rule 56 `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.'" Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (quoting Celotex, 477 U.S. at 322, 106 S.Ct. 2548).

B. The Qualified Immunity Standard

"Qualified immunity protects officials in the course of performance of their discretionary duties unless their conduct violates a `clearly established [federal] statutory or constitutional right[] of which a reasonable person would have known.'" Gutierrez v. City of San Antonio, 139 F.3d 441, 445 (5th Cir.1998) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)) (alterations in original); see also Anderson v. Creighton, 483 U.S. 635, 637, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); Colston v. Barnhart, 130 F.3d 96, 99 (5th Cir.1997); Warnock v. Pecos County, 116 F.3d 776, 781 (5th Cir.1997). To determine if qualified immunity applies, the district court must follow a two-step process. First, the court must determine whether the plaintiff has asserted a violation of a clearly established constitutional or statutory right. See Sanchez v. Swyden, 139 F.3d 464, 466 (5th Cir.1998); Gutierrez, 139 F.3d at 445 (citing Siegert v. Gilley, 500 U.S. 226, 231, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991)); Colston, 130 F.3d at 99 (citing Harper v. Harris County, 21 F.3d 597, 600 (5th Cir.1994)); Morin v. Caire, 77 F.3d 116, 120 (5th Cir.1996). If an official has violated a person's federal civil rights, the second analytical step is to determine whether the official's actions were objectively reasonable. See Gutierrez, 139 F.3d at 445; Morin, 77 F.3d at 120; see also Anderson, 483 U.S. at 639, 107 S.Ct. 3034.

The issue in the second analytical step is "whether a reasonable person would have believed that his [or her] conduct conformed to the constitutional standard in light of the information available ... and the clearly established law." Goodson v. City of Corpus Christi, 202 F.3d 730, 736 (5th Cir.2000). The objective reasonableness of the official's conduct is measured with reference to the law as it existed at the time of the conduct in question. See Blackwell v. Barton, 34 F.3d 298, 301 (5th Cir.1994). "The subjective intent of the public official is irrelevant, and the official's knowledge of the relevant law need not rise to the level of a `constitutional scholar.'" Swyden, 139 F.3d at 466 (quoting Harlow, 457 U.S. at 815-17, 102 S.Ct. 2727). The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. See Johnston v. City of Houston, 14 F.3d 1056, 1059 (5th Cir. 1994) (citing Anderson, 483 U.S. at 639, 107 S.Ct. 3034). "The qualified immunity defense `gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.'" Gibson v. Rich, 44 F.3d 274, 277 (5th Cir.1995) (quoting Hunter v. Bryant, 502 U.S. 224, 226, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991)).

C. Saberi's Motion for Summary Judgment

Christine Saberi was the teacher of Denise's special-needs public school class. As noted in the earlier Memorandum and Opinion, Denise is nine years old, autistic, nonverbal, and not toilet trained. She is also a friendly child who interacts with others and gives and receives expressions of friendship and affection. Saberi made three reports to CPS of her suspicion that Denise was a victim of sexual abuse. The Martins alleged a number of causes of action, including substantive due process violations of their right to family integrity. Saberi has moved for summary judgment based on qualified immunity.

The threshold issue is whether the Martins have stated a claim for a violation of a constitutional right. In the previous Memorandum and Opinion, this court determined that the Martins alleged the denial of a constitutional right because they alleged that Saberi made a false report to CPS.

The second analytical step is to determine whether the teachers' actions were objectively...