Powers v. Mancos School Dist. RE-6, Montezuma County, Colo.

• Decision Date: 10 May 1976
• Docket Number: MONTEZUMA,RE-6,No. 75-1386,75-1386
• Parties: Ronald G. POWERS, Plaintiff-Appellant, v. MANCOS SCHOOL DISTRICTCOUNTY, COLORADO, et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

Page 38

539 F.2d 38

Ronald G. POWERS, Plaintiff-Appellant, v. MANCOS SCHOOL DISTRICT RE-6, MONTEZUMA COUNTY, COLORADO, et

al., Defendants-Appellees.

No. 75-1386.

United States Court of Appeals, Tenth Circuit.

Argued and Submitted Feb. 26, 1976.

Decided May 10, 1976.

Donald P. MacDonald, of Hornbein, MacDonald & Fattor, Denver, Colorado, for plaintiff-appellant.

Michael H. Jackson, Denver, Colo. (Richard C. Cockrell and Peter J. Wiebe, Jr., Denver, Colo., with him on the brief), Henry, Cockrell, Quinn & Creighton, Denver, Colo., for defendants-appellees.

Before LEWIS, Chief Judge, and SETH and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Ronald G. Powers (Powers), a teacher, appeals from the District Court order dismissing his amended complaint and awarding judgment to the defendants-appellees, who are the five members of the Board of Directors and the Superintendent of Mancos School District in the State of Colorado, each of whom were sued in their individual and official capacities. For convenience, appellees shall hereafter be referred to as Directors or Board. The Court had previously granted a motion to dismiss the school district as a party defendant on the ground that a school district is not a person under the Civil Rights Act, 42 U.S.C.A. § 1983, relying upon City of Kenosha v. Bruno, 412 U.S. 507, 93 S.Ct. 2222, 37 L.Ed.2d 109 (1973) and Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961). No appeal is taken from that ruling.

The Facts

Powers was first employed by the Mancos School District in 1969 for the academic year 1969-1970 as an English teacher in grades 10, 11 and 12. Director Julio Archuleta was superintendent for the entire period of Powers' employment. Dominick Aspromonte was principal during the academic years 1969-1970 and 1970-1971 during which Powers was given one-year contracts. James Spurlock was principal for the first semester and Mr. Barbick was principal for the second semester of Powers' final academic contract year of 1971-1972.

Mancos is a small rural community of about 800 population. The entire pupil enrollment grades kindergarten through 12, is about 430. There are approximately 22 teachers and 3 administrators.

Powers was about 31 years of age when he was first employed at Mancos. He had obtained a B.A. degree from Ft. Lewis College and had gained 24 graduate semester hours from the School of Government, George Washington University, Washington, D. C. He held a Colorado certified teacher's license. Before coming to Mancos, Powers had taught one year of 7th, 8th and 9th grade English, 11th grade American History and 12th grade Functional English. This was followed by one year of graduate study at George Washington; employment for one year with the U.S. Forest Service in San Isabel National Forest, near Pueblo, Colorado; then a one year teaching assignment at the Saguache, Colorado, system (his contract was not renewed) where he taught 7th, 8th and 9th grade Social Studies, 11th grade American History and helped with the wrestling program.

During Powers' first year at Mancos, Dominick Aspromonte, as principal, observed Powers both in and out of the classroom. Powers was aware that Aspromonte was to evaluate him and to make a recommendation relative to renewal of his teaching contract. Aspromonte was in contact with Powers almost daily. He had many informal conferences with him. He recommended Powers to the Board for contract renewal at the Spring, 1970 Board meeting with some reservations. During Powers' second contract year of 1970-1971, Aspromonte completed two written evaluations of Powers. During this period, Aspromonte spent more time in Powers' classroom. He testified that Powers had "some excellent qualities as a teacher, but some of the other qualities counterbalanced them". (R., Vol. IV, p. 309). Some of the qualities which Aspromonte believed to be counterbalancing were lax manners of students in his classes; that certain language was used; that some jokes were told in class by both students and Powers; and that Powers was very curt when parents came to school for information. (R., Vol. IV, p. 308). He advised Powers both during his first and second teaching years that he intended to recommend his contract renewal with reservations. His personal relationship with Powers was very amenable. (R., Vol. IV, p. 310). Aspromonte and his wife were close social friends of Powers and his wife. Aspromonte was fully aware that Powers served as a Deputy Town Marshal, a volunteer fireman and was an active participant in the Mancos Education Association (MEA), the local teachers' association.

Powers testified that during his second year at Mancos, after he became president of MEA, that he had conflicts with Superintendent Archuleta involving whether meetings of the Salary Committee (of MEA) could be held in the school, the submission of schedules and the fact that he (Powers) appeared before the Board on behalf of Bill Hendrickson, a teacher whose contract was not to be renewed, in opposition to the views of Aspromonte and Archuleta. Powers testified that he appeared on behalf of MEA, as its president, and that following the hearing Hendrickson's contract was renewed. (R., Vol. II, p. 93). Powers also testified that during the month of February, 1972 (his third school year) he became a candidate for mayor of Mancos.

The first written evaluation of Powers' performance during his final year at Mancos was prepared by Principal James Spurlock. While his evaluation report reflected that Powers was a good to superior teacher, it was critical of his rather informal classroom atmosphere which could lead to possible damage to equipment (such as students leaning back in chairs), and an incident involving Powers' English classroom lesson plan apparently consuming some three days involving playing of the recording "Jesus Christ Superstar", which resulted in some complaints by students and one parent. (R., Vol. II, pp. 163-167). Spurlock was succeeded by Mr. Barbick, who was not available to testify at trial. It is unchallenged, however, that Barbick did not recommend Powers for contract renewal. He advised the Board that in his judgment the services of a better teacher could be obtained (R., Vol. IV, pp. 333, 354, 367). Barbick reported that Powers' classroom performance was "barely adequate" or "minimal". (R., Vol. IV, p. 372). Superintendent Archuleta concurred in Barbick's recommendation that Powers' contract not be renewed.

The Board voted unanimously on March 16, 1972, not to renew Powers' contract. At the same meeting the Board voted not to renew the contracts of two other probationary (nontenured) teachers. No reasons were stated by the Board at the open meeting when Powers' contract was not renewed and neither the Board nor the individual Directors have ever stated publicly any reasons for the non-renewal of his contract.

Powers alleged that the Directors deprived him of his salary as a teacher and loss of face and standing in the community by virtue of nonrenewal of his teaching contract for the academic year 1972-1973 in derogation of his rights of freedom of speech and expression guaranteed him by the First and Fourteenth Amendments to the Constitution of the United States. He invoked jurisdiction under 28 U.S.C.A. § 1343 as authorized by the Civil Rights Act, 42 U.S.C.A. § 1983. Alternatively, he invoked jurisdiction pursuant to 28 U.S.C.A. § 1331, alleging that the amount in controversy exceeds the sum of $10,000.00. Powers sought damages of $100,000.00, costs and attorneys' fees or, alternatively, return to his classroom teaching position together with lost, past salary with interest from the date of termination and all emoluments, including tenure or a notice of the reasons for his contract nonrenewal from the Directors, together with an opportunity for hearing to test those reasons.

Trial was to the court from March 10, 1975 to and including March 13, 1975. Some 10 witnesses testified for Powers and some five witnesses testified for the Directors. The Trial Court filed detailed Findings of Fact, Conclusions of Law and Order on March 25, 1975. The Court found that Powers had not sustained his burden of proof, i. e., proof of his allegations by a preponderance of the evidence to the effect that his teaching contract was not renewed in retaliation for the exercise of his federal constitutional rights.

Trial Court Findings and Conclusions

The Trial Court succinctly set forth those causes alleged by Powers to have been improperly relied upon by the Directors in the determination not to renew his contract for the school year 1972-1973, each of which Powers contends infringe or deny constitutional rights guaranteed him in the nature of free speech and expression, to-wit:

(a) Powers' criticism of the Board in his capacity as president of MEA;

(b) Powers' presentation to his classes of "works of art", typified by, but not limited to the recording entitled "Jesus Christ Superstar" ;

(c) Powers' candidacy for mayor of Mancos;

(d) The fact that, in his capacity as a deputy town marshal since 1970, Powers had stopped Board member Humiston twice for traffic violations.

In each and every instance the Trial Court found that none of the incidents or causes alleged resulted in the Board action not to renew Powers' contract and that there was no evidence to support these charges; that neither the superintendent, the principals or the Board members acted with malice or in bad faith, and that the record reflects that they acted in good faith and without malice toward Powers.

In conclusion, the Trial Court stated that Powers had failed to sustain the burden of proof imposed upon him by a preponderance of the evidence. See Powers v. Mancos School District Re-6, Montezuma County, Colorado, 391 F.Supp. 322 (D.C.Colo.1975).

Allegations of Error

On appeal Powers contends: (1) the nonrenewal of his contract constituted a violation of his academic freedom...