Rayborn v. Bossier Parish Sch. Sys.

• Decision Date: 18 July 2016
• Docket Number: CIVIL ACTION NO: 13-3014
• Citation: 198 F.Supp.3d 747
• Parties: Lori RAYBORN v. BOSSIER PARISH SCHOOL SYSTEM et al.
• Court: U.S. District Court — Western District of Louisiana

198 F.Supp.3d 747

Lori RAYBORN

v.BOSSIER PARISH SCHOOL SYSTEM et al.

CIVIL ACTION NO: 13-3014

United States District Court, W.D. Louisiana, Shreveport Division .

Signed July 18, 2016

Filed July 26, 2016

Jill L. Craft, Crystal G. Lafleur, Craft Law Firm, Baton Rouge, LA, Natasha Leigh George, Calcasieu Public Defender, Lake Charles, LA, for Lori Rayborn.

Jon Keith Guice, Elmer Gray Noah, II, Linda K. Ewbank, Hammonds Sills et al., Monroe, LA, Patrick R. Jackson, Bossier City, LA, for Bossier Parish School System et al.

MEMORANDUM RULING

DONALD E. WALTER, UNITED STATES DISTRICT JUDGE

Before the Court is a Motion for Summary Judgment [Doc. # 34] filed by Defendants, Bossier Parish School Board ("BPSB"), Nichole Bourgeois ("Principal Bourgeois"), Ginger Hughes ("Ms. Hughes"), and ACE American Insurance Company ("ACE"). Pursuant to 42 U.S.C. § 1983, Plaintiff Lori Rayborn ("Nurse Rayborn" or "Plaintiff") filed the instant lawsuit, related to her employment with BPSB as a school nurse, alleging violations of her rights under the First and Fourteenth Amendments to the United States Constitution, as well as Louisiana law. Plaintiff opposes the instant motion. [Doc. # 53]. For the reasons assigned herein, Defendants' motion for summary judgment [Doc. # 34] is GRANTED .

BACKGROUND FACTS¹

In approximately 2004, Nurse Rayborn began her employment with BPSB, as a school nurse, originally assigned to Sun City Elementary, Rusheon Middle, and Parkway High Schools. For purposes of this case, until January 2013, she was assigned to Curtis Elementary and Parkway High Schools. At all times pertinent herein, Principal Bourgeois was employed by BPSB as Principal of Parkway High School, and Ms. Hughes was BPSB's Nurse Coordinator and Nurse Rayborn's immediate supervisor. Nurse Rayborn's duties and responsibilities as a Professional School Nurse were established by a written job description and included, inter alia : maintaining complete records on all school nurse activities; administering medication; generating students' health care plans; and medical training of unlicensed, non-medical staff, including school secretaries and para-professionals.² Prior to August 2012, it is undisputed that Nurse Rayborn was a good employee, with no disciplinary record and consistently satisfactory performance evaluations.³

On May 20, 2011, a sophomore student ("H.D.C.") at Parkway High School committed suicide. H.D.C. was an insulin-dependent diabetic, with whom Nurse Rayborn was familiar, and for whom Nurse Rayborn had prepared a Health Care Plan, to address her diabetic needs at school. As a result of H.D.C.'s suicide, her family commenced litigation against BPSB, alleging, inter alia , that BPSB knew that H.D.C. was being bullied and harassed at school and failed to prevent her suicide.⁴ H.D.C.'s nursing records, maintained by Nurse Rayborn, were subpoenaed.⁵ It is undisputed that there is no mention therein of any discussions, with either H.D.C. or her mother, regarding bullying or suicide.

Nurse Rayborn was notified of the subpoena on March 20, 2012; she provided H.D.C.'s medical records to Ms. Hughes on March 21, 2012; and, on March 22, 2012, Nurse Rayborn met with Principal Bourgeois to review the records before they were furnished to the attorneys.⁶ During these meetings, Nurse Rayborn discussed with both Defendants her concerns regarding what she deemed to be "red flags" in H.D.C.'s nursing records. Included in Nurse Rayborn's concerns are the following notes or incidents.

According to Nurse Rayborn, H.D.C. and her mother had unsuccessfully requested, with Nurse Rayborn's recommendation, a "504 plan."⁷ Plaintiff maintains that H.D.C. was entitled to, but denied, 504 accommodations.⁸ Parkway counselor Martha Lee testified that she never denied a 504 request nor received a 504 referral for a diabetic student.⁹ Prior to the nursing records being subpoenaed, Ms. Hughes claims to have never had any discussions with Nurse Rayborn regarding H.D.C. or any accommodations related to her treatment at school.¹⁰

In March 2011, the records reflect that H.D.C. expressed some concern, after being approached by the yearbook committee to participate in a proposed article on students who had overcome health issues. Nurse Rayborn and Parkway Assistant Principal Becky Gray intervened with the yearbook teacher and confirmed that H.D.C. would not participate or share any health information with the yearbook committee.

On May 2, 2011, the records reflect that H.D.C. complained to Nurse Rayborn that a substitute teacher was improperly disallowing glucose monitoring in the classroom. Nurse Rayborn discovered that the substitute teacher had not been supplied with a copy of H.D.C.'s Health Care Plan, despite Nurse Rayborn having emailed H.D.C.'s plan to her teachers with this instruction: "PLEASE DO NOT STORE STRICTLY IN YOUR COMPUTER. A PRINTED HARD COPY IS NEEDED FOR ACCESSIBILITY FOR SUBSTITUTES."¹¹ In response, Nurse Rayborn advised both the substitute teacher and the front office secretary, Michelle Barger, that the school is legally required to allow H.D.C., as a diabetic student, to monitor her glucose without restrictions or limitations.

H.D.C. had been consistent and compliant in addressing her diabetic care, until she experienced what Nurse Rayborn describes as a "sudden, unusual, and uncharacteristic" change, prior to her May 2011 suicide.¹² In reviewing the nursing record, Nurse Rayborn was concerned that H.D.C.'s abnormal non-compliance with her diabetic care appeared to be contemporaneous with allegations of her being bullied at school.¹³ For instance, the records reflect that, in April 2011, Nurse Rayborn treated H.D.C. for high glucose levels, at which time she discovered that H.D.C. had been intentionally non-compliant with her diabetic care. Thereafter, Nurse Rayborn contacted H.D.C.'s mother to discuss her non-compliance and to recommend diabetic counseling and a follow-up with H.D.C.'s doctor. It is Nurse Rayborn's opinion that H.D.C.'s erratic blood sugar levels, recorded prior to her death, could have indicated that H.D.C. was experiencing increased stress.¹⁴ The final entry, prior to H.D.C.'s death on May 20, 2011, reflects that she again reported a high glucose level on May 12, 2011, for which she was provided water and later denied any signs or symptoms.

Nurse Rayborn alleges that, after their March 2012 meeting, Principal Bourgeois' demeanor changed, such that Principal Bourgeois became openly hostile toward Nurse Rayborn and encouraged similar hostile and harassing behavior from the main office secretary, Ms. Barger.¹⁵ In mid-August 2012, there was a verbal confrontation between Nurse Rayborn and Ms. Barger, in Parkway's main office, for which students, parents and school staff were present. According to Nurse Rayborn, she confronted Ms. Barger to inform her that she believed the administration to be in violation of Louisiana law, for failing to properly maintain student medical records and mixing the students' current and previous years' medications. Thereafter, Principal Bourgeois counseled both Ms. Barger and Nurse Rayborn regarding their inappropriate behavior.

Following that confrontation, a meeting was held in late August 2012, at which the following individuals were present: Principal Bourgeois, Nurse Rayborn, Assistant Principal Gray, Ms. Barger, and another main office secretary, Staci Kendall. There is some dispute over why this meeting was called and what exactly transpired. Principal Bourgeois testified that the meeting was precipitated by the above confrontation and intended to address communication concerns between Nurse Rayborn and Parkway's office staff, including Nurse Rayborn's previous requests that the staff refrain from calling her personal cell phone.¹⁶ To resolve any confusion surrounding emergency communications, a 911 policy was established, setting a clear directive to call 911, regardless of whether a nurse was present, for any on-campus medical emergency.¹⁷ Nurse Rayborn claims to have expressed concern about this policy, as effectively excluding her, as a licensed first responder, and endangering students, jeopardizing her nurse's license, and creating liability for the school.¹⁸ At this meeting, Nurse Rayborn alleges that she also reported retaliatory harassment and intimidation she was experiencing "as a result of her opposing the situation involving [H.D.C.'s] suicide."¹⁹ Allegedly, her protestations were ignored, and Principal Bourgeois eventually instructed her to leave the meeting.²⁰

Consequently, on August 22, 2012, Ms. Hughes reprimanded Nurse Rayborn, at which time Nurse Rayborn claims to have "again reported the ongoing retaliatory harassment, intimidation, and hostile working environment" to Ms. Hughes.²¹ Nurse Rayborn alleges that, in response, Ms. Hughes warned her that the negative relationship existing between her and Principal Bourgeois had arisen as a result of Nurse Rayborn "exposing" BPSB's "inadequacies" when her nursing records were subpoenaed.²² Nurse Rayborn claims that Ms. Hughes threatened to reassign her if she didn't find a way to deal with and rise above the negativity, as the negativity could potentially hurt the nursing department as a whole.²³ Ms. Hughes testified that this "counseling session" with Nurse Rayborn lasted "[a] few hours."²⁴

A few months later, on January 28, 2013, a male student at Parkway passed out during the lunch hour. Assistant Principals, Becky Gray and Lorenza Baker, responded and requested that the staff call 911. Emergency medical personnel arrived within five minutes. After 911 was called, two different para-professionals notified Nurse Rayborn of the medical situation. Later that afternoon, Nurse Rayborn inquired of Principal Bourgeois why she was not called to help, despite being on campus when 911 was contacted to handle the medical emergency. In response, Principal Bourgeois referred her to the 911 practice, established at the August 2012 meeting. Nurse Rayborn...