Muslim Hannemann v. S. Door Cnty. Sch. Dist.
| Decision Date | 07 June 2011 |
| Docket Number | Case No. 09–C–1055. |
| Citation | 280 Ed. Law Rep. 263,833 F.Supp.2d 1068 |
| Parties | Derek HANNEMANN, Plaintiff, v. SOUTHERN DOOR COUNTY SCHOOL DISTRICT, Joe Innis, Lois Mahaffey, and Steve Bousley in their individual capacities, Defendants. |
| Court | U.S. District Court — Eastern District of Wisconsin |
OPINION TEXT STARTS HERE
Jeff Scott Olson, Jeff Scott Olson Law Firm SC, Madison, WI, for Plaintiff.
Michele M. Ford, Crivello Carlson SC, Milwaukee, WI, for Defendants.
Plaintiff Derek Hannemann brought this § 1983 action against Southern Door County School District, Joe Innis the District Superintendent, Southern Door County High School Principal Lois Mahaffey and Assistant Vice–Principal Steve Bousley for damages and injunctive relief. Hannemann alleges that he was suspended and then expelled from school without due process of law in violation of the Fourteenth Amendment to the United States Constitution. He also claims that his procedural due process rights and his right to intrastate travel were violated when he was banned from school property. Presently before the Court is the defendants' motion for summary judgment (Dkt. 29), which will be granted for the reasons set forth herein.
Derek Hannemann was a student in the ninth grade at the Southern Door County High School within the Southern Door County School District during the 2005–2006 school year. (Plaintiff's Response to Defendants' Proposed Findings of Fact (hereinafter “PRDPFF”), Dkt. 39 ¶ 1.) Derek was viewed as a problem student in terms of his inability to get along with others throughout his tenure. (PRDPFF ¶ 2.) On May 1, 2006, a student reported seeing Derek with a knife on the school bus after school on April 28, 2006. (PRDPFF ¶ 3.) Assistant Vice–Principal Steven Bousley immediately questioned Derek, who eventually turned the knife over to Bousley. (PRDPFF ¶ 4.) During his interview with Bousley, Derek expressed a fear of getting jumped; he also stated that he had cut himself with the knife for no reason. (PRDPFF ¶ ¶ 7–8.) Bousley confiscated the knife which was six inches long when fully open and had about a two inch blade. .)
The Southern Door County School District had previously adopted a weapons policy. The District policy forbids students from knowingly or voluntarily possessing any weapon, defined to include “knives, switchblades or automatically opening blades, daggers, swords, razors, etc.” (PRDPFF ¶ 5.) If a student brings a weapon to school the District's policy calls for school officials to confiscate the weapon, notify the parents, and to hold an administrative hearing. (PRDPFF ¶ 6.) The policy also allows school officials to suspend a student who brings a weapon to school for up to fifteen days and to consider making an expulsion recommendation to the district administrator. ( Id.)
In accordance with this policy Southern Door County High School notified Derek's father, Rick Hannemann, that his son had brought a knife to school. On May 1, 2006, the same day Derek's knife was confiscated, Assistant Vice Principal Bousley set up a meeting with Derek and his father. At the meeting Bousley and the Hannemanns discussed the situation regarding the knife. Assistant Vice Principal Bousley informed the Hannemanns that Derek was being suspended for violating the weapons policy. (PRDPFF ¶¶ 11–12.)
The School District also scheduled a hearing for the purpose of determining whether grounds existed to expel Derek. On May 11, 2006, Superintendent Innis issued a Notice of Hearing to the Hannemanns informing them of a formal hearing on May 22, 2006, to consider the school administration's request that Derek be expelled for gross misconduct, namely, possession of a six inch lock-blade knife and exposing the knife while on the school bus. The notice also apprised the Hannemanns of their right to be present, to cross-examine witnesses, to present evidence, and to be represented by counsel. (PRDPFF ¶¶ 13.) On May 22, 2006, the Board of Education of the Southern Door County School District held the scheduled hearing. Derek and his parents were present at the hearing. After considering the evidence presented, the Board voted to expel Derek for engaging in conduct which endangered the property, health or safety of others by carrying a knife to school. (PRDPFF ¶ 14.)
As of May 22, 2006, only about four weeks remained in the 2006 school year, and the School District allowed Derek to complete his course work from home. (PRDPFF ¶ 16.) In addition, although the expulsion ordered was until Derek's twenty-first birthday, the order provided for early reinstatement for the 2006–2007 school year subject to several conditions, including that Derek would have “no further incidents of gross misconduct described in the student handbook.” (PRDPFF ¶ 15, Ford Aff., Ex. L at 3.)
The Hannemanns took advantage of conditional reinstatement, and Derek returned to Southern Door County High School for the 2006–2007 school year. (PRDPFF ¶¶ 15, 17.) The first half of the school year passed without incident. However, on April 27, 2007, Assistant Principal Bousley learned that the words, “Only one bullet left, no one to kill but myself,” were written on Derek's backpack. (PRDPFF ¶ 18.) Bousley met with Derek and his father about the notation on his backpack. After the meeting, the Hannemanns went to Derek's locker and then left the school building. Later that day Derek—without his father—returned to Bousley's office and accused Bousley of taking his notebooks. At that point Principal Lois Mahaffey escorted Derek into her office and asked him what the problem was. Derek was visibly upset, clenching his fists and breathing heavily. (PRDPFF ¶ 23.) Bousley described Derek's behavior as threatening, hostile, and intimidating. (PRDPFF ¶ 26.) As a result, a discipline referral was written for Derek's behavior. (PRDPFF ¶ 27.)
Four days later, on May 1, 2007, another incident occurred. A teacher brought Derek to the principal's office for grabbing another student by the collar in class and saying: (PRDPFF ¶ 28–29.) The next day Bousley and Principal Mahaffey met with Derek and his father. (PRDPFF ¶¶ 29–30.) On May 4, 2007, Derek's parents, his attorney, Superintendent Innis, Bousley, Mahaffey, and Derek met to discuss Derek's situation and his possible expulsion. (PRDPFF ¶ 30.) Derek was suspended on May 7, 2007, as a result of these incidents and another incident where Derek punched a student. (PRDPFF ¶ 35.) Later that evening, at the school board's regularly scheduled meeting, Derek's expulsion was discussed in a closed session. (PRDPFF ¶ 36.) No vote was taken on the Hannemann situation by the school board, however, because the decision whether to enforce the expulsion was not up to the board. Rather, it was a decision Principal Mahaffey needed to make. (PRDPFF ¶ 40.) She decided to enforce the expulsion. Derek and his parents were advised by letter dated May 11, 2007, that the District had decided to enforce the permanent expulsion as a result of Derek's violation of the fifth condition in the original expulsion order prohibiting Hannemann from further incidents of gross misconduct described in the student handbook. (PRDPFF ¶ 41.) At that point several weeks remained in the 2006–2007 school year and Derek was again allowed to complete his course work from home. (PRDPFF ¶ 42.)
Derek's attorney requested a hearing as provided by Wis. Stat. § 120.13(1)(h)(4). (PRDPFF ¶ 44.) On May 17, 2007, Superintendent Innis met with the Hannemanns. On June 5, 2007, the Hannemann's received written notification that the expulsion decision would remain in effect. (PRDPFF ¶ 47.)
Derek enrolled in Fox Valley Lutheran High School for the 2007–2008 school year. (PRDPFF ¶¶ 53–54.) In September of 2007 Derek appealed his original May 22, 2006 expulsion to the Superintendent of the Wisconsin Department of Public Instruction. On November 5, 2007, the State Superintendent issued an order reversing Derek's expulsion on the ground that the Board's May 11, 2006 notice of expulsion failed to inform the Hannemann of the time frame of his alleged conduct and was therefore defective. (PRDPFF ¶ 58.)
Shortly after this reversal the District contacted the Hannemanns to ask whether Derek would be returning to Southern Door County High School. (PRDPFF ¶ 59.) By this time, Derek was apparently comfortable in his private school and, given the fact that the District indicated an intent to appeal the State Superintendent's decision if he did return, the Hannemanns decided that Derek would not return to Southern Door. (PRDPFF ¶ 60.) Derek therefore admits that the tuition and fees incurred in private school were not caused by the District. (PRDPFF ¶ 56.) Derek continued to use the Southern Door weight room, however, and would occasionally drive on the school grounds to pick up friends. (PRDPFF ¶¶ 61, 66.) On March 28, 2008, a teacher saw Derek in the weight room and told the former student to leave. Derek became agitated, confrontational, used inappropriate language, and punched a gym locker. (03/28/08 Nesbitt letter, Ex. X, pp. 5–6; 06/29/10 Hannemann Dep., pp. 70; 86–87). (PRDPFF ¶ 64.) Based on the teacher's report of Derek's behavior in the locker room the School District's attorney sent Derek a letter stating that “you are no longer to enter upon the property of the Southern Door County School district for any purpose effective immediately.” (PRDPFF ¶ 67.) The Hannemanns were not given notice that the School District was considering imposing such a ban. (Plaintiff's Proposed Findings of Fact (hereinafter “PPFF”) Dkt. 38 at ¶ 38.) Nor were the Hannemanns given an opportunity to be heard concerning the ban, which had no stated end date. (PPFF ¶¶ 39–40.) Through counsel, they sent the District's attorney a letter asking what authority he had that would allow such...
To continue reading
Request your trial