Randolph v. E. Baton Rouge Parish Sch. Bd.
| Decision Date | 26 March 2018 |
| Docket Number | CIVIL ACTION 15-654-SDD-EWD |
| Parties | KATHRAN RANDOLPH v. EAST BATON ROUGE PARISH SCHOOL BOARD, ET AL. |
| Court | U.S. District Court — Middle District of Louisiana |
RULING
This matter is before the Court on the Motion for Summary Judgment1 by Defendants David Tatman, Superintendent Warren Drake, Domoine Rutledge, Millie Williams, and Sharmayne Rutledge ("Defendants") and the Motion for Summary Judgment2 by Defendant East Baton Rouge Parish School Board ("the School Board"). Plaintiff Kathran Randolph ("Plaintiff") has filed a Motion for Partial Summary Judgment.3 All Parties have filed Oppositions4 to the cross motions, and all Parties have filed Replies.5 For the following reasons, the Court finds that summary judgment is proper in favor of the Defendants and the School Board, and Plaintiff's motion should be denied.
Plaintiff first became employed by the East Baton Rouge Parish School Board in 1988 as a teacher. She resigned in June 2003 to accept a position with another school system, but was later rehired by the School Board in May 2007. Before the start of the2008-09 school year, Plaintiff was named Assistant Principal at Belaire High School. Two years later, she was reassigned to the Assistant Principal position at Twin Oaks Elementary School as set forth in a letter dated August 20, 2010 from Millie Williams ("Williams"), Executive Director for Human Resources.6 Plaintiff contends that, pursuant to Louisiana Revised Statute 17:144, she and the School System entered into a written employment contract on July 1, 2009 that was to run for two years, ending July 1, 2011.7 Plaintiff contends that, before her contract ended, in August 2010, she was reassigned from Assistant Principal at Belaire High School to Assistant Principal at Twin Oaks Elementary.8 Before the 2012-13 school year, Plaintiff was selected to serve as the interim Principal at Twin Oaks as reflected by a June 24, 2013 letter from Williams.9
In August 2014, a parent filed a complaint against Plaintiff regarding two distinct events which occurred while Plaintiff was interim Principal at Twin Oaks. Plaintiff claims the student had violently attacked a teacher at Twin Oaks.10 In response, Sharmayne Rutledge, Executive Director for School Leadership, scheduled a meeting between Plaintiff and the parent. The issues were not resolved at the meeting, and the complaint was sent to Williams for further investigation. Subsequently, on September 2, 2014, Plaintiff was placed on leave with pay pending the investigation.11 Plaintiff signed a form which provides that Plaintiff must "remain accessible to the Office of Human Resources during [her] regular working hours."12 Although the administrative leave was originally tolast for a two day period, the investigation continued, and on September 4, 2014, Plaintiff's administrative leave was extended indefinitely.
On September 4, 2014, Plaintiff filed a grievance against Williams and S. Rutledge claiming they failed to comply with School System policies regarding the investigation and paid administrative leave.13 Also on September 4, 2014, Plaintiff sent a text message to a School Board member which referenced suicide, and Plaintiff immediately turned off her cellphone.14 Board officials were advised of this text message and determined that it was necessary for Plaintiff to be cleared by a fitness-for-duty evaluation before she could return to work.15 Further complicating matters, and despite the requirement to remain accessible during work hours, Defendants maintain that it was difficult to communicate with Plaintiff as she would only communicate via letters.16 On September 30, 2014, Plaintiff failed to appear at a meeting to discuss the investigation of the parental complaint, although a letter to Plaintiff from Williams, dated September 26, 2014, advised Plaintiff that her "failure to appear will be considered job abandonment as you are on administrative leave with pay whereby you are still an employee of the East Baton Rouge Parish School System."17
In response, on September 30, 2014, Plaintiff claims former Superintendent Dr. Bernard Taylor ("Dr. Taylor") instituted disciplinary proceedings against Plaintiff via a certified letter.18 However, the words "disciplinary proceeding" appear nowhere in thisletter. Plaintiff contends this letter failed to provide notice of her rights to respond and/or request a hearing.
Due to Plaintiff's allegedly "erratic" behavior, lack of cooperation, and failure to comply with requests to remain accessible and present herself for a fitness for duty evaluation, Plaintiff was removed as interim Principal of Twin Oaks Elementary and was set to be reassigned to a teaching position following a fitness for duty evaluation.19 Plaintiff maintains this was a second disciplinary proceeding instituted against her charging her with willful neglect of duty.20 This letter did notify Plaintiff of her right to respond; however, Plaintiff complains that it failed to advise her of her right to request a hearing. Rather than completing the process requested by the School Board, on October 21, 2014, Plaintiff submitted a Sick Leave Request claiming that her injury/illness was due to a work-related injury.21 On October 23, 2014, Plaintiff submitted a letter to Dr. Taylor responding to the September 30 letter wherein Plaintiff challenged her status as "interim" under Louisiana law and claimed that she was entitled to a hearing.22 When Dr. Taylor did not respond to Plaintiff's October 23 letter, she sent a second letter to Taylor on November 10, 2014, again demanding an "open and public hearing."23
Arrangements were later made for Plaintiff to pick up a paycheck from the Central Office on November 14, 2014.24 Plaintiff claims that Williams refused to give Plaintiff her check until she met with "Attorney Rutledge" - Domoine Rutledge ("D. Rutledge").25During this meeting, Plaintiff contends D. Rutledge read a letter from himself to Plaintiff, dated November 12, 2014,26 which was in response to Plaintiff's November 10, 2014 request for a hearing. Plaintiff further claims that D. Rutledge's communication erroneously advised that her request for a hearing was untimely, she was not entitled to a hearing, and any disciplinary action taken against her by Dr. Taylor was final. Plaintiff claims D. Rutledge continued to "badger"27 her, alleged that she was "playing games," and advised this paycheck would be her last.28
Following her medical leave, Plaintiff was released to return to work part-time on February 13, 2015.29 However, no part-time positions were available to accommodate Plaintiff's medical release.30 Further, because of the text message referencing suicide, the School Board still required Plaintiff to pass a fitness for duty evaluation before returning to work in any position. This evaluation was scheduled for February 25, 2015. Although Plaintiff appeared for the evaluation, she did not fully cooperate with the evaluator and presented to the evaluator a letter "delimiting the scope of inquiry or evaluation process."31 The evaluator refused to perform the evaluation in accordance with Plaintiff's limitations, and Plaintiff was never declared fit for duty. Plaintiff claims she was "forced" to attend the fitness for duty examination, and she continued to be assigned to elementary teaching positions although she was not certified and had never taught at the elementary level.32
On August 7, 2015, Plaintiff was reassigned to a teaching position at EBR Readiness on August 12, 2015;33 however, Plaintiff never reported to work. Instead, on February 15, 2016, Plaintiff submitted her "Notice of Resignation Due to Retirement,"34 which was accepted by the School Board on March 17, 2016.35 Plaintiff contends that, beginning May 2015, she stopped receiving any salary, Defendants refused to complete any disciplinary matters brought against Plaintiff, and Plaintiff's grievances have never been acknowledged or investigated. Plaintiff claims she has lost more than $80,000.00 in salary and benefits, and Plaintiff contends she was "forced" to resign and retire.36
Prior to submitting her resignation, on October 5, 2015, Plaintiff filed a Complaint instituting this lawsuit.37 Defendants characterize Plaintiff's Complaint as "39 sprawling pages of confusing, argumentative and scandalous allegations."38 Plaintiff named as Defendants the following persons or entities: the East Baton Rouge Parish School System ("School System"); David Tatman ("Tatman"), a School Board member elected President in January 2014; Dr. Taylor, the former superintendent of the Board; Superintendent Warren Drake ("Drake"), who succeeded Dr. Taylor on July 1, 2015; Domoine Rutledge ("D. Rutledge"); Millie Williams ("Williams"); and Sharmayne Rutledge ("S. Rutledge).39 D. Rutledge, Williams and S. Rutledge were School System employees at all relevant times to this litigation. The individually named Defendants were sued in their official and individual capacities. Dr. Taylor was subsequently dismissed from thiscase at Plaintiff's request on May 20, 2016,40 yet Plaintiff included him as a Defendant in her Amended Complaint.41 Dr. Taylor remains a terminated Defendant, and it does not appear that he was ever served. Accordingly, Dr. Taylor is not a Defendant in this matter.
Plaintiff brings suit pursuant to 42 U.S.C. § 1983 and claims that her constitutional rights were violated in that she was deprived of her property interest in continued state employment without procedural and substantive due process. Plaintiff seeks equitable and prospective injunctive relief from the Defendants. Specifically, Plaintiff seeks relief from the School System, Tatman, and Drake in their official capacities only (regarding Plaintiff's claim for prospective relief), ordering the Defendants to reinstate Plaintiff's employment contract as well as back pay, accrued benefits, costs and attorney fees. Plaintiff has also asserted federal claims of...
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