Mohamed Elhassan Mohamed, M. v. Irving Indep. Sch. Dist.

• Decision Date: 13 March 2018
• Docket Number: Civil Action No. 3:16–cv–2283–L
• Citation: 300 F.Supp.3d 857
• Parties: Mohamed Elhassan MOHAMED, as next friend FOR A.M., a Minor, Plaintiff, v. IRVING INDEPENDENT SCHOOL DISTRICT, Daniel Cummings, in his individual capacity, City of Irving, Robin Howman, Charles Taylor, Jeff Mitchell, and Officer Miller, Defendants.
• Court: U.S. District Court — Northern District of Texas

300 F.Supp.3d 857

Mohamed Elhassan MOHAMED, as next friend FOR A.M., a Minor, Plaintiff,

v.IRVING INDEPENDENT SCHOOL DISTRICT, Daniel Cummings, in his individual capacity, City of Irving, Robin Howman, Charles Taylor, Jeff Mitchell, and Officer Miller, Defendants.

Civil Action No. 3:16–cv–2283–L

United States District Court, N.D. Texas, Dallas Division.

Signed March 13, 2018

Susan E. Hutchison, Christopher Edward Stoy, James Robert Hudson, Jr., Hutchison & Stoy PLLC, Fort Worth, TX, for Plaintiff.

Kathryn E. Long, Thompson & Horton LLP, Thomas P. Brandt, Laura Dahl O'Leary, Stephen D. Henninger, Fanning Harper Martinson Brandt & Kutchin PC, Dallas, TX, Carlos G. Lopez, Melisa E. Meyler, Thompson & Horton LLP, Houston, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

Sam A. Lindsay, United States District Judge

Before the court are: Defendant City of Irving's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 35), filed June 6, 2017; Defendant Irving Independent School District's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 38), filed June 29, 2017; Defendant Daniel Cummings's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 39), filed June 29, 2017; Defendants Miller's and Mitchell's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 42), filed July 18, 2017; Defendant Taylor's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 49), filed September 6, 2017; and Defendant Howman's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 52), filed September 12, 2017.¹ Having considered the motions, responses, replies, pleadings, record, and applicable law, the court grants Defendant City of Irving's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 35); grants Defendant Irving Independent School District's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 38); grants Defendant Daniel Cummings's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 39); grants Defendants Miller's and Mitchell's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 42); grants Defendant Taylor's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 49); and grants Defendant Howman's Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 52).

I. Background

This civil rights action stems from the September 14, 2015 suspension and arrest of A.M., a fourteen-year-old African–American Muslim freshman attending McArthur High School ("McArthur") in Irving, Texas. He was suspended from school and arrested on charges of bringing a "hoax bomb" to school. Mohamed Elhassan Mohamed ("Mr. Mohamed" or "Plaintiff"), as next friend for his minor son, A.M., filed this action on August 8, 2016, seeking monetary and injunctive relief against the City of Irving (the "City"), the Irving Independent School District (the "IISD"), and school principal Daniel Cummings ("Principal Cummings"). Mr. Mohamed alleged that Principal Cummings subjected A.M. to discriminatory discipline based on race and religion when he suspended A.M. for three days and, pursuant to 42 U.S.C. § 1983, sued him for alleged violations of A.M.'s constitutionally protected right to equal protection of the laws under the Fourteenth Amendment to the United States Constitution. Alleging that Principal Cummings was acting pursuant to an unconstitutional practice of discriminatory discipline against African–American students sanctioned by the IISD's Board of Trustees, Mr. Mohamed also sued the IISD for Fourteenth Amendment violations as well for allegedly violating Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d ("Title VI"), by discriminating against A.M. on the basis of his race and religion. Although Mr. Mohamed did not sue any of the individual police officers involved in A.M.'s arrest, he sued the City under section 1983 alleging that it had failed to properly train and supervise its officers with respect to determining probable cause for arrest, and that these inadequacies caused the police officers' alleged violations of A.M.'s constitutionally protected rights under the Fourth and Fifth Amendments to the United States Constitution.

On May 18, 2017, the court issued a memorandum opinion and order granting the City's, Principal Cummings's, and the IISD's respective motions to dismiss, and dismissed all claims without prejudice, with the exception of Mr. Mohamed's section 1983 claim against the City premised on alleged violations of the Fifth Amendment and his Title VI claim against the IISD premised on religious discrimination, which were dismissed with prejudice, "as there [was] no legal basis for those claims." Mohamed v. Irving Indep. Sch. Dist. , 252 F.Supp.3d 602, 629 (N.D. Tex. 2017) (" Mohamed I "). The court granted Mr. Mohamed leave to file an amended pleading by June 1, 2017, as to all claims dismissed without prejudice. Id.

On June 1, 2017, Mr. Mohamed filed Plaintiff's First Amended Original Complaint (Doc. 27), and on June 15, 2017, the court granted Mr. Mohamed's motion for leave to file a Second Amended Complaint and to add as Defendants four City of Irving police officers: Robin Howman ("Officer Howman") and Charles Taylor ("Officer Taylor"), who were working as school resource officers at McArthur on the date of the incident; and Sergeant Richie Miller ("Sgt. Miller") and Sergeant Jeff Mitchell ("Sgt. Mitchell"), both of whom ultimately made the decision to arrest A.M.

On June 15, 2017, Mr. Mohamed, as next friend of A.M., filed Plaintiff's Second Amended Complaint ("Second Amended Complaint"), the live pleading. See Sec. Am. Compl. (Doc. 34). In addition to amending his pleadings in an attempt to overcome the pleading deficiencies identified by the court in Mohamed I with respect to his claims against the City, the IISD, and Principal Cummings, Mr. Mohamed brings claims against Officer Howman, Officer Taylor, Sgt. Miller, and Sgt. Mitchell (sometimes collectively, the "Officer Defendants") pursuant to section 1983, alleging that they violated the Fourth Amendment to the United States Constitution by arresting A.M. without probable cause on charges of bringing a "hoax bomb" to school in violation of section 46.08 of the Texas Penal Code and by using excessive force against him during the arrest. Mr. Mohamed asserts that Defendants are jointly and severally liable and, in addition to actual and compensatory damages, seeks declaratory and injunctive relief, exemplary damages, attorney's fees, and costs.

All Defendants have filed motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The City and the IISD contend that, although permitted an opportunity to amend his pleadings twice, Mr. Mohamed has failed to cure the pleading deficiencies noted by the court in Mohamed I and that his additional allegations are conclusory and insufficient to state a claim. Principal Cummings similarly argues that the amended pleadings are insufficient to overcome his entitlement to qualified immunity. The City, the IISD, and Principal Cummings request that all claims be dismissed with prejudice, as Mr. Mohamed has already had two previous opportunities to amend.

Sgt. Miller and Sgt. Mitchell, who were not parties in Mohamed I , assert their entitlement to qualified immunity and contend that Mr. Mohamed's section 1983 claim against them for unlawful arrest and excessive force in violation of the Fourth Amendment must be dismissed because he fails to allege any underlying Fourth Amendment violation and because they did not violate clearly established law of which a reasonable law enforcement officer would have known. Officers Taylor and Howman also assert their entitlement to qualified immunity and make similar arguments to those made by Sgt. Miller and Sgt. Mitchell. In addition, Officers Taylor and Howman contend that dismissal is required on the face of the pleadings, as Mr. Mohamed alleges that it was Sgt. Miller and Sgt. Mitchell who made the decision to arrest A.M. and who used force against A.M., rather than either of them, thereby defeating any Fourth Amendment claim against them for arrest without probable cause or excessive force.

Mr. Mohamed counters that the allegations in the Second Amended Complaint are factually and legally sufficient to withstand a Rule 12(b)(6) motion to dismiss. He urges the court to deny the motions to dismiss.

The court now sets forth the allegations drawn from the Second Amended Complaint. In its recitation of the facts, the court applies the legal standard set forth in Section II of this Memorandum Opinion and Order and accepts all well-pleaded facts as true and views them in the light most favorable to Mr. Mohamed. Sonnier v. State Farm Mut. Auto. Ins. Co. , 509 F.3d 673, 675 (5th Cir. 2007).

A. Allegations Relating to September 14, 2015 Arrest and Suspension of A.M.

On September 14, 2015, A.M., then a 14–year–old freshman, brought a homemade device to school in an "8 ½? by 5? Vaultz pencil box" that included "a 7 segment display, a pcb board, a 9 volt battery, some wires (from a media player that wasn't working), a 120–240 volt transformer, [and] a button board." Sec. Am. Compl. ¶ 57. A.M. showed the device to his Geometry teacher, Mr. Lemons, who told him that it was "really nice" and advised him to keep it in his backpack. Id. ¶ 58. Later that same day, notwithstanding Mr. Lemon's instruction, A.M. removed the device from his backpack and showed it to another student during his fourth period English class. Id. The device made a beeping sound and caught the attention of his English teacher, Erin West ("Ms. West"). Id. Ms. West heard the beeping noise but did not know whence it came. Id. After class, A.M. approached Ms. West with the device and reminded her that the prior Friday he had told her he was going to build her something that weekend and bring it to school to show her. Id. When A.M. showed her the device, she asked: "[I]s that a bomb?" Id. A.M. was surprised and confused by her question, since he had built many...