Ponce v. Socorro Independent School Dist, EP-06-CA-00039-KC.
| Decision Date | 02 May 2006 |
| Docket Number | No. EP-06-CA-00039-KC.,EP-06-CA-00039-KC. |
| Citation | 432 F.Supp.2d 682 |
| Parties | Enrique PONCE, Jr. and Rocio Ponce, Individually and as next friends of E.P. a minor child, Plaintiffs, v. SOCORRO INDEPENDENT SCHOOL DISTRICT, Defendant. |
| Court | U.S. District Court — Western District of Texas |
Stephen Gordon Peters, El Paso, TX, for Plaintiffs.
Henry C. Hosford, Larry A. Baskind, Baskind, Samaniego & Hosford, P.C., El Paso, TX, for Defendant.
On this day, the Court considered "Plaintiffs' Motion for Preliminary Injunction" ("Pls.'s Mot.") and "Defendant's Motion to Dismiss Pursuant to Rule 12b or Alternatively for Summary Judgment" ("Def.'s Mot."). For the reasons set forth below, Plaintiffs' Motion is GRANTED and Defendant's Motion is DENIED, in part, and GRANTED, in part.
This case involves a student's challenge to disciplinary action imposed upon him by the Socorro Independent School District (SISD) ("Defendant") for the content of his writing.
While enrolled as a sophomore in Montwood High School, a minor student identified as E.P. wrote in a green spiral notebook. Def.'s Mot. 2; Def.'s Mot. Ex. 1 para. 5-6 ("Aguirre Aff."); Pls.'s Resp. in Opp. to Def.'s Mot. to Dismiss or Alternatively for Summ. J. ("Pls.'s Resp."), Aff. of E.P. III para 1-4 ("E.P.Aff."). He wrote the notebook in the form of a diary, from a first-person point of view, detailing the "author's" creation of a pseudo-Nazi group on the Montwood High School campus. Aguirre Aff. para 4-6; E.P. Aff. para 2. The notebook describes several incidents involving the pseudo-Nazi group, many including the use or threatened use of violence, and eventually culminates with the group's plan to commit an attack on Montwood High School in the "author's" senior year of school. Aguirre Aff. para 8; E.P. Aff. para 5, 9-16.
On August 15, 2005, E.P. told another student ("informing student") about the notebook and showed him some of its contents. Def.'s Mot. 2; E.P. Aff. para 5. The informing student told a teacher about the notebook.1 Def.'s Mot. 2; Aguirre Aff para 4. After waiting a day, the teacher then told Assistant Principal Jesus Aguirre ("Aguirre") about the notebook. Def.'s Mot. 2. Aguirre called the informing student into his office and questioned the informing student about his August 15th conversation with E.P. Aguirre Aff. para 4. Defendant does not provide any evidence as to the substance of said questioning, nor does it provide any admissible evidence regarding the informing student's statements to Aguirre. Thereafter, and presumptively as a result of this questioning, Aguirre decided to call E.P. into his office for a meeting. Aguirre Aff. para 5; E.P. Aff. para 6.
During this meeting, Aguirre told E.P. that students had complained to him about E.P. writing threats. E.P. Aff. para 6. E.P. denied these accusations, and instead explained that he was writing a work of fiction. Aguirre Aff. para 5; E.P. Aff. para 6. At some point, Aguirre asked E.P. for permission to search his backpack, and E.P. consented.2 Aguirre Aff. para 5; E.P. Aff. para 6. It is at this point that Aguirre discovered the notebook in question. Aguirre Aff. para 5; E.P. Aff. para 6.
On the inside cover of the notebook, Aguirre observed the title "My Nazi Diary Based on a True Story." Aguirre Aff. para 6; E.P. Aff. para 6. When questioned, E.P. professed that the notebook was a work of fiction, and that the words "True Story" referred to The Life & Death of Adolf Hitler by Robert Payne—a book E.P. was in the process of reading. Aguirre Aff. para 6; E.P. Aff. para 6. In his affidavit, E.P. explained that he became interested in World War II because his grandfather fought in the U.S. Army during World War II, and that before reading Payne's book, he read June 6, 1644: D-Day These Men Were There. E.P. Aff. para 3.
Aguirre reviewed the contents of the notebook. Aguirre Aff. para 6. He continued to ask E.P. about specific "journal entries," to which E.P. continued to respond "It's all fiction." Id. Shortly thereafter, Aguirre called E.P.'s mother and requested that she meet him at the Montwood High School campus. Id. at para 7. She agreed to do so. Id.
Upon informing her of the notebook, E.P.'s mother told Aguirre that it was all fiction and noted that she, herself, engaged in creative writing. Aguirre Aff. para 7. In fact, E.P. claims that he got the idea to write a fictional journal from his mother because she had been taking creative writing courses at the University of Texas at El Paso, and had further suggested that he write a dramatic monologue—a story told from the point of view of one of its characters. E.P. Aff. para 2. Aguirre informed E.P.'s mother that he would read the notebook in detail and "call her the next day with an administrative decision based on the safety and security of the student body." Aguirre Aff. para 7. Following the conclusion of this meeting, Aguirre released E.P. back into the general student population to complete the school day. Id.
Aguirre then took the notebook home and read it several times. Id. at para 8. He stated that several lines in the notebook alarmed him.3 Id. Aguirre then Id. The following is the sole explanation Aguirre provided as to his determination that the writing constituted a terroristic threat:
I made this determination based upon my knowledge of the ever increasing obligation to protect students since events like the Columbine High School incident in Colorado and the training I have received as an Administrator within the Socorro Independent School District with regard to protection and safety of students.
As a "terroristic threat," Aguirre determined that the writing violated the Student Code of Conduct, suspended E.P. from school for three days, and recommended that he be placed in the school's alternative education program at KEYS Academy.4 Id. at para 9-10. Aguirre informed E.P.'s parents of this decision and of their right to appeal it. Id. at para 10. E.P.'s parents appealed the decision to the Principal of Montwood High School, the Assistant Superintendent of Instructional Services, and finally to the School Board's designated committee. Aguirre Aff. at para 10. Specifically, E.P.'s parents contested the finding that E.P. had violated the Student Code of Conduct and that he would have to attend KEYS Academy before returning to Montwood High School. Defendant asserts that the decision was upheld at each level, but provides no written decisions or transcripts for this Court's review. Id. at para 10; Ponce Aff. para 4. Rather than allowing SISD to place E.P. at KEYS Academy, E.P.'s parents transferred him to a private high school. Ponce Aff. para 2.
E.P.'s mother explained that the decision to transfer E.P. to a private school was based upon concern that the school's finding that E.P. made a terroristic threat and violated the Student Code of Conduct would become part of his permanent school record and follow him to any other district to which he might transfer. Id. at para 2. Such a record would require that E.P. attend an alternative education program, like that at KEYS Academy, and deprive E.P. of the ability to participate in musical education programs. Id. E.P.'s mother worried that such action would affect E.P.'s ability to gain admission to the colleges of his choice, especially because he intends to major in music while attending college. E.P. Aff. para 20. Thus, in an effort to ensure that E.P. can return to Montwood High School with a clean record and participate in its musical education programs, E.P.'s parents filed the instant lawsuit in January 2006. Ponce Aff. para
E.P. states that he does not share the beliefs of the character in his story. E.P. Aff. para 10-11, 16-17. Moreover, he states that many of the events that "occurred" in the story never really occurred as it is a work of fiction. Id. at para 14. Defendant has offered no evidence contradicting or supporting these statements or of any investigation taken thereafter, and further has offered no evidence regarding E.P.'s disciplinary history.
E.P. also states that since this incident he has had trouble sleeping. Id. at para 18. He often does not want to attend school because he is embarrassed about the entire incident. Id. Moreover, he is concerned because Aguirre called several of E.P.'s friends, telling them to stay away from E.P. because he is dangerous to them. Id. E.P. stated that, Id. at para 18-19.
Based upon the foregoing, E.P.'s parents sued the school district, alleging violations of E.P.'s First, Fourth, and Fourteenth Amendment rights, all of which are actionable pursuant to Title 42 U.S.C. § 1983, and for violating analogous provisions under the Texas Constitution.
Defendant has requested this Court dismiss the case under Federal Rule of Civil Procedure 12(b)(1), or alternatively under Rule 12(b)(6).5 Plaintiffs have requested this Court issue a preliminary injunction enjoining Defendant from: (1) maintaining entries in E.P.'s school records indicating that he committed any infraction of law or of school regulations, (2) assigning E.P. to the KEYS Academy, (3) defaming E.P. by making false representations concerning E.P. to third parties or telling anyone that E.P. planned or intended to commit acts of violence upon any person, and (4) invading E.P.'s privacy and intellectual property rights by reading, disseminating, or discussing the contents of his writing without his consent.
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...in creative writing." Id. at 767. 83. Id. at 766. 84. Id. at 767. 85. 393 U.S. 503 (1969). 86. Ponce v. Socorro Indep. Sch. Dist., 432 F. Supp. 2d 682, 695 (W.D. Tex. 2006), vacated, 508 F.3d 765 (5th Cir. 87. Id. at 696. 88. Id. at 697. 89. 484 U.S. 260(1988). 90. 478 U.S. 675(1986). 91. P......