Price v. University of Alabama

• Decision Date: 23 October 2003
• Docket Number: No. CV-03-CO-01790-W.,CV-03-CO-01790-W.
• Citation: 318 F.Supp.2d 1084
• Parties: Michael B. PRICE, Plaintiff, v. UNIVERSITY OF ALABAMA; The Board of Trustees of the University of Alabama; and Robert E. Witt, Defendants.
• Court: U.S. District Court — Northern District of Alabama

Page 1084

318 F.Supp.2d 1084

Michael B. PRICE, Plaintiff, v. UNIVERSITY OF ALABAMA; The Board of Trustees of the University of Alabama; and Robert E. Witt, Defendants.

No. CV-03-CO-01790-W.

United States District Court, N.D. Alabama, Western Division.

October 23, 2003.

Stephen D. Heninger, Heninger Burge Vargo & Davis, Birmingham, AL, for Plaintiff.

W. Stancil Starnes, Jay M. Ezelle, Starnes & Atchison LLP, Birmingham, AL, for Defendants.

MEMORANDUM OF OPINION

COOGLER, District Judge.

I. INTRODUCTION.

Presently before the court is a motion to dismiss, filed by the defendants on August 4, 2003. [Doc. # 6]. The issues raised in the motion have been fully briefed by the parties, and are now ripe for decision. Upon consideration, the court is of the opinion that the motion to dismiss is due to be granted.

II. FACTS¹.

Plaintiff Michael Price ("Price") was hired as the head football coach for the University of Alabama ("University") in January 2003. [Doc. # 1, Compl. ¶ 6]. In April 2003, reports were made of alleged inappropriate behavior by Price at a charitable golf event in Pensacola, Florida. [Doc. # 1, Compl. ¶ 7]. The event was not official University business. [Doc. # 1, Compl. ¶ 7]. At some point after the event, Price "openly and honestly" informed the University's Athletic Director and President, Robert E. Witt ("Witt"), of what had transpired during this trip. [Doc. # 1, Compl. ¶ 7].

A meeting of the Board of Trustees of the University of Alabama ("Board") was scheduled for May 3, 2003, to address the allegations against Price. [Doc. # 1, Compl. ¶ 7]. The meeting began as an open forum where players and supporters were allowed a brief time to address the meeting. [Doc. # 1, Compl. ¶ 7]. Thereafter, the Board went into a closed session. [Doc. # 1, Compl. ¶ 7]. Following the closed session, Witt made a public announcement that Price had been terminated as head football coach because of conduct inconsistent with the policies of the University. [Doc. # 1, Compl. ¶ 7].

Price sought to appeal his termination to the Staff Mediation Council on the grounds that he was not given proper notice of the University policies that he was alleged to have violated and that he was not given the opportunity to refute the allegations against him. [Doc. # 1, Compl. ¶ 8]. Witt joined in Price's request that the Staff Mediation Council hear the appeal. [Doc. # 1, Compl. Ex. 5]. On July 1, 2003, Price's request was denied by majority vote of the Staff Mediation Council. [Doc. # 1, Ex. 13]. Price filed the instant action on July 14, 2003, against the University, its Board, and Witt. [Doc. # 1, Compl. ¶¶ 10-31]. The complaint includes claims alleging: (1) a violation of the Fifth and Fourteenth Amendments of the Constitution of the United States for improper notice and failure to give a hearing, thus depriving Price of a liberty and property interest;² (2) breach of contract; (3) wrongful termination; and (4) fraud, misrepresentation, and deceit. [Id.]³

Price amended his complaint on July 28, 2003, to state a claim for declaratory judgement. [Doc. # 5, Am. Compl.]. Specifically, Price alleges that before his termination, Witt represented to him that he would be given the right and opportunity to present his evidence at a hearing. Further, Price alleges Witt stated that he "was a good man in a bad situation and this [would] be worked out." [Doc. # 5, Am. Compl. ¶ 3]. Price requests that this court enter a judgment, pursuant to 28 U.S.C. §§ 2201 and 2202, declaring that the defendants have breached the contract made the basis of this suit and owe Price compensation for his termination, and declaring that defendants must provide him with a post-termination hearing and appeal of his termination. [Doc. # 5, Am. Compl. ¶ 6].

The defendants filed the instant motion to dismiss on August 4, 2003. [Doc. # 6]. Defendants moved to dismiss the complaint and first amended complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of jurisdiction over the subject matter and Rule 12(b)(6) for failure to state a claim upon which relief can be granted.

On the 23rd day of September 2003, after a hearing on the motion and with the consent of the parties, this court dismissed all the claims then pending against the University as well as the Board. In addition, this court dismissed Count II of the complaint against all parties and dismissed Count III and IV of the complaint against Witt in his official capacity. As of this date, Count I and the amended complaint remain pending against Witt in his official capacity and all counts except Count II, as well as the amended complaint remain pending against Witt in his individual capacity.

III. STANDARD.

A. Rule 12(b)(1).

The defendant, Witt, has moved to dismiss certain of Price's claims for lack of subject matter jurisdiction. "[W]hen a defendant properly challenges subject matter jurisdiction under Rule 12(b)(1) the district court is free to independently weigh facts ... and satisfy itself as to the existence of its power to hear the case." Morrison v. Amway Corp., 323 F.3d 920, 925 (11th Cir.2003). The court may consider matters outside the pleadings in ruling on a motion under Rule 12(b)(1). Colonial Pipeline Co. v. Collins, 921 F.2d 1237, 1243 (11th Cir.1991). However, the Eleventh Circuit has cautioned that if the facts necessary to sustain jurisdiction implicate the merits of the plaintiff's cause of action, the court should "find that jurisdiction exists and deal with the [jurisdictional] objection as a direct attack on the merits of the plaintiff's case." Garcia v. Copenhaver, Bell & Assocs., 104 F.3d 1256, 1261 (11th Cir.1997). The burden of proof on a Rule 12(b)(1) motion is on the party averring jurisdiction. Thomson v. Gaskill, 315 U.S. 442, 446, 62 S.Ct. 673, 86 L.Ed. 951 (1942).

B. Rule 12(b)(6).

Witt has also challenged the sufficiency of the complaint and amended complaint under Rule 12(b)(6), which provides for dismissal of a complaint for failure to state a claim upon which relief may be granted. A court may dismiss a complaint under Rule 12(b)(6) only if it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957).

In deciding a Rule 12(b)(6) motion, the court must "... accept all well-pleaded factual allegations in the complaint as true and construe the facts in a light most favorable to the non-moving party." Dacosta v. Nwachukwa, 304 F.3d 1045, 1047 (11th Cir.2002), citing GJR Invs., Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998). "[U]nsupported conclusions of law or of mixed fact and law have long been recognized not to prevent a Rule 12(b)(6) dismissal." Dalrymple v. Reno, 334 F.3d 991, 996 (11th Cir.2003) (quoting Marsh v. Butler County, 268 F.3d 1014, 1036 n. 16 (11th Cir.2001)). Furthermore, "[a] complaint may not be dismissed because the plaintiff's claims do not support the legal theory he relies upon since the court must determine if the allegations provide for relief on any possible theory." Brooks v. Blue Cross & Blue Shield of Florida, Inc., 116 F.3d 1364, 1369 (11th Cir.1997) (emphasis in original)(citing Robertson v. Johnston, 376 F.2d 43 (5th Cir.1967)).

IV. DISCUSSION.

A. Price's claims against Witt in his official capacity and the application of the Eleventh Amendment.

1. Price's Section 1983 claims for monetary relief against Witt, in his official capacity.

Witt alleges that the remaining counts against him in his official capacity are barred by the Eleventh Amendment and, as such, this court has no jurisdiction to hear this case. The Eleventh Amendment provides, "The Judicial Power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. Although the language of the Eleventh Amendment applies only to actions brought against a state by citizens of another state, the United States Supreme Court has extended the Eleventh Amendment's applicability to suits against a state by its own citizens. Bd. of Trs. of Univ. of Alabama v. Garrett, 531 U.S. 356, 363, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001)(citing Kimel v. Florida Bd. of Regents, 528 U.S. 62, 72-73, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000); College Savings Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 669-70, 119 S.Ct. 2219, 144 L.Ed.2d 605 (1999); Seminole Tribe of Florida v. Florida, 517 U.S. 44, 54, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996); Hans v. Louisiana, 134 U.S. 1, 15, 10 S.Ct. 504, 33 L.Ed. 842 (1890)).

The Eleventh Amendment protects not only the states from suit by private individuals but also state agencies and instrumentalities, and state officials. Harden v. Adams, 760 F.2d 1158, 1163 (11th Cir.1985). The Supreme Court held in Edelman v. Jordan that "a suit by private parties seeking to impose liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment." 415 U.S. 651, 663, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974).

The question of whether an Alabama university is an agency or instrumentality of the state and thus immune from suit has been answered in the affirmative on a number of occasions. See Massler v. Troy State Univ., 343 So.2d 1 (Ala.1977); Ellison v. Abbott, 337 So.2d 756 (Ala.1976); Rigby v. Auburn Univ., 448 So.2d 345 (Ala.1984); Harden v. Adams, 760 F.2d 1158, 1163 (11th Cir.1985). In addition, "... a suit against a state official in his or her official capacity is not a suit against the official but rather a suit against the official's office.... As such, it is no different from a suit against the state itself." Will v. Michigan Dep't. of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (citations omitted).

The court finds that Witt,...