McBrearty v. Kappeler
Decision Date | 09 January 2018 |
Docket Number | Civil No. 5:16-121-JMH |
Parties | JENEAN MCBREARTY, Plaintiff, v. DR. VICTOR KAPPELER, et al., Defendants. |
Court | U.S. District Court — Eastern District of Kentucky |
This matter is before the Court upon cross-Motions for Summary Judgment filed by Defendant Carole Garrison [DE 44] and Plaintiff Jenean McBrearty, pro se [DE 40; Response at DE 45].1 McBrearty argues that Garrison violated her right to free speech and to due process under the First and Fourteenth Amendments to the United States Constitution when Garrison, as her instructor, removed a post that McBrearty made to a class discussion board and then somehow injured her chances of obtaining future employment at Eastern Kentucky University.
"To successfully establish a prima facie case under 42 U.S.C. § 1983, a plaintiff must prove two elements: (1) the defendant must be acting under the color of state law, and (2) the offending conduct must deprive the plaintiff of rights secured by federallaw." Bloch v. Ribar, 156 F.3d 673, 677 (6th Cir. 1998) (citing Parratt v. Taylor, 451 U.S. 527, 535 (1981)). Garrison does not dispute she was acting in her official capacity as an EKU professor at all times relevant to McBrearty's claims, and therefore does not deny she was acting under color of state law. However, despite McBrearty's assertions, Garrison argues and the Court agrees that Garrison conduct did not violate any of McBrearty's constitutional rights for the reasons set forth in this opinion. Therefore, Garrison is entitled to summary judgment on all claims made against her, and McBrearty's Motion for Summary Judgment will be denied.
Plaintiff McBrearty enrolled in Defendant Garrison's online PLS 326 class, "Police, Liability and Ethics," at Eastern Kentucky University ("EKU"). As part of the class, students were expected participate in online discussions, contained on a Blackboard discussion page. As the parties explain it, only those particular individuals enrolled in Garrison's PLS 326 class were permitted access to the discussion thread at issue. There was no "general access" to these discussions; rather, Garrison's students had to obtain permission to access the forum by way of enrolling in the course. Each week, Garrison would post a discussion board prompt, and students were expected to both respond to the initial post and respond to two of their classmates' posts. Student participationin these discussions was reflected as 10% of the student's overall grade in the course.
In the seventh week of the course, Garrison posted this discussion prompt:
McBrearty responded at length and concluded with the following statement:
McBrearty responded, in part:
Garrison decided to remove the thread, including McBrearty's post and the comments on it. She explained that she did so once another student and McBrearty began commenting and discussing a subject which had nothing to do with the initial assignment nor was related to preparation for their final examination in the course. Garrison did not pursue EKU's student disciplinary procedures against McBrearty nor was McBrearty's grade impacted as a result of the discussion or Garrison's decision to remove the thread, as McBrearty received an A in the course. From Garrison's perspective, that was the end of the matter, but not so for McBrearty, who repeatedly sought recourse from the administration of EKU to no avail and claims that her opportunities for employment at EKU were injured.
Summary judgment is appropriate only "if the movant shows that there is no genuine dispute as to any material fact." Fed. R. Civ. P. 56(a). "A genuine issue of material fact exists when 'there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.'" Laster v. City of Kalamazoo, 746 F.3d 714, 726 (6th Cir. 2014) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986)). The Court reviews all evidence and draws all inferences in the light most favorable to the nonmoving party. Chapman v. UAW Local 1005, 670 F.3d 677, 680 (6th Cir.2012) (en banc); Matsushita Elec. Indus. Co. v. ZenithRadio Corp., 475 U.S. 574, 587 (1986). The question is whether "the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505. The non-moving party may not "rely on subjective beliefs to show a genuine dispute" nor may they "defeat summary judgment by conclusory responses." ACLU v. Mercer County, 240 F. Supp. 2d 623, 625 (E.D.Ky. 2003).
To successfully establish a prima facie case under 42 U.S.C. § 1983, a plaintiff must prove two elements: "(1) the defendant must be acting under the color of state law, and (2) the offending conduct must deprive the plaintiff of rights secured by federal law." Bloch v. Ribar, 156 F.3d 673, 677 (6th Cir. 1998) (citing Parratt v. Taylor, 451 U.S. 527, 535 (1981)). Professor Garrison does not dispute she was acting in her official capacity as an EKU professor at all times relevant to...
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