Ryans v. Gresham

• Decision Date: 10 April 1998
• Docket Number: No. 9:97 CV 225(TH).,9:97 CV 225(TH).
• Parties: Naomi RYANS et vir., Charles Ryans, Plaintiff, v. Charlene GRESHAM, et al., Defendants.
• Court: U.S. District Court — Eastern District of Texas

6 F.Supp.2d 595

Naomi RYANS et vir., Charles Ryans, Plaintiff, v. Charlene GRESHAM, et al., Defendants.

No. 9:97 CV 225(TH).

United States District Court, E.D. Texas, Lufkin Division.

April 10, 1998.

COPYRIGHT MATERIAL OMITTED

Carnegie H. Mims, Jr., Houston, TX, for Plaintiff.

John C. Hardy, III, Tyler, TX, William S. Helfand, Houston, TX, for Defendants.

MEMORANDUM OPINION

HEARTFIELD, District Judge.

Plaintiffs, Naomi and Charles Ryans, sue defendants, Charlene Gresham, Sidney Green, Byron Lyons, the City of Livingston, Texas (Livingston), and the Livingston, Texas, Independent School District (LISD) for false imprisonment and for violating their rights under the First and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1981 (Section 1981). They seek damages and equitable relief. Gresham, Green, Lyons, Livingston and LISD move for summary judgment. The Ryans move for leave to file an amended complaint. The court grants summary judgment and denies the request for leave to file an amended complaint.

SUMMARY JUDGMENT

Summary judgment occurs when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). When the nonmoving party bears the burden of proof on an issue at trial, it must adduce evidence sufficient for a reasonable jury to return a verdict in its favor to overcome a properly supported motion for summary judgment. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-27, 106 S.Ct. 2548, 2552-55, 91 L.Ed.2d 265, 273-76 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-53, 106 S.Ct. 2505, 2510-12, 91 L.Ed.2d 202, 211-15 (1986); Hassan v. Lubbock Indep. Sch. Dist., 55 F.3d 1075, 1079 (5th Cir.1995); see also Houston N. Hosp. Properties v. Telco Leasing, Inc., 688 F.2d 408, 410 (5th Cir. 1982) (summary judgment granted when nonmoving party unable prevail even if disputed fact issue resolved in its favor). No assumption, in the absence of any proof, arises that the nonmoving party can or will establish the necessary facts at trial. See Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc).

FACTUAL BACKGROUND

Naomi and Charles Ryans, both of whom are African-American, lived in Livingston, Texas. See Mot. Summ. J. Defs. Livingston Independent School District, Charlene Gresham, and Sidney Green [hereinafter Mot. I] (Dep. of Naomi Ryans at 10-12 [hereinafter Ryans Dep.]); Pls.' Resp. Defs. Gresham's Green's and Livingston Independent School District's Mot. Summ. J. Ex. A [hereinafter Resp. I] (Aff. of Naomi Ryans at 1, 5 [hereinafter Ryans Aff.]). Their son, Charles Ryans, Jr. (Charles), was placed in Charlene Gresham's fifth grade class at Livingston Intermediate School. See Ryans Aff. at 1-2. Charles reported to his parents that he was being mistreated, that his teachers and classmates disliked him because of his race and that he feared going to school. See Ryans Aff. at 2. He also was failing Gresham's class.¹ Ryans Aff. at 2.

The Ryans endeavored to meet with LISD officials to discuss Charles. First, they sought a conference with Gresham. She, however, refused to speak with them, even during the parent-teacher conference period. Ryans Aff. at 2. They then met with LISD's Superintendent. He referred them to Livingston Intermediate School's principal, Charles Jeffery, who is African-American. See Ryans Aff. at 2, 3. Apparently dissatisfied with this response, they asked for a hearing before LISD's Board of Trustees; but the Board rejected their request. Ryans Aff. at 2. (The Board's response presumably reflected a determination that the Ryans' complaint failed to implicate rights accorded to parents of students under Texas law.² See Tex.Educ.Code Ann. §§ 26.001-.011 (West 1996 & Supp.1998).) Following this rebuff, the Ryans filed complaints with the Texas Education Agency and the federal government. See Ryans Aff. at 2.

Jeffery was responsive to the Ryans. He began to monitor Charles' classes. Ryans Aff. at 3. He gave Naomi Ryans permission to observe Charles' classes during his absence on February 28 and 29 and March 1, 1996. See Ryans Dep. at 23-24, 92-93, 106-07; Ryans Aff. at 3 & Attach.

Naomi Ryans went to Livingston Intermediate School to observe Charles' classes on February 28, 1996. See Ryans Dep. at 21, 92; Ryans Aff. at 3. Upon her arrival, she went to the administrative office to receive Jeffery's written authorization. See Ryans Dep. at 92-93.

Gresham taught Charles' second class. Compare Ryans Dep. at 136 and Ryans Aff. at 3 with Ryans Aff. Attach. Compare Compl. ¶ 2.02 with Defs.' Livingston Independent School District, Charlene Gresham and Sidney Green, Original Ans. ¶ 9 [hereinafter Ans. I]. Naomi Ryans had attended Gresham's class on prior occasions under Jeffery's auspices. See Ryans Dep. at 24, 94-95. She had been assigned a seat not close to Charles, a circumstance about which she had expressed displeasure. See Ryans Dep, at 94-95.

Naomi Ryans was told by Gresham at the start of class that she could stay for an hour. Compare Ryans Dep. at 26 with Ryans Aff. at 3. After class had begun, she asked to speak with Gresham in the hall outside of the classroom. The teacher declined because she was busy.³ See Ryans Dep. at 28-29.

Gresham told Naomi Ryans to leave after an hour had passed. See Ryans Dep. at 29; Ryans Aff. at 3. But Naomi Ryans remained because Jeffery had authorized her to be present for the entire class period, which apparently ran from 8:50 to 10:30 a.m. See Ryans Dep. at 29, 101; Ryans Aff. at 3 & Attach; see also Ryans Dep. at 26, 28. She indicated her unwillingness to acquiesce to Gresham by shaking her head. See Ryans Dep. at 29. When she was again ordered to depart, she verbally refused. Ryans Dep. at 29. This recalcitrance prompted Gresham to send a student to summon Sidney Green, Livingston Intermediate School's Counselor, who was in charge during Jeffery's absence. See Ryans Dep. at 29, 48; Ryans Aff. at 3. Compare Compl. ¶ 2.03 with Ans. I ¶ 10.

Naomi Ryans agreed to go to Green's office to talk about the situation after he arrived. See Ryans Dep. at 31, 101-02. When no discussion ensued there, she apprised Green's secretary, of her intention to return to Gresham's classroom and left his office. See Ryans Dep. at 31-32, 102-04.

Naomi Ryans went back to Gresham's classroom. See Ryans: Dep. at 32, 104. Gresham stopped class and sent a student to retrieve Green. Ryans Dep. at 32-33, 104, 121-22. At this point, Naomi Ryans told Charles that she was being asked to leave and that he had to stand up and be a man. See Ryans Dep. at 120-21. She sat next to her son to comfort him. Gresham told her to return to her assigned seat. Ryans went to her seat. Ryans Dep. at 33.

Green again appeared. Ryans Dep. at 33, 104. Gresham halted class. Green then asked Naomi Ryans to exit the classroom. She refused. Ryans Dep. at 33-34.

Livingston's Police Department was contacted by the school about Naomi Ryans.⁴ See Ryans Aff. at 3-4. The department dispatched one of its officers, Byron Lyons, to the school. See Ryans Aff. at 4; see also Def.'s Mem.Law Supp.Mot.Summ.J. Ex. B [hereinafter Mot. II] (Lyons Aff. at 1 [hereinafter Lyons Aff.]). Compare Compl. ¶ 2.04 with Defs. The City of Livingston, Texas and Byron Lyons' Original Ans. ¶ 9.

Lyons went to the door of Gresham's classroom after he arrived at Livingston Intermediate School. See Ryans Dep. at 35, 104-05; Ryans Aff. at 4. Compare Ryans Dep. at 21 with Ryans Aff. Attach. Seeing him, Naomi Ryans assumed that he had been called to arrest her. Ryans Aff. at 4; see also Ryans Dep. at 35-36, 146. Lyons left after 5 or 10 minutes had passed. See Ryans Dep. at 35.

Naomi Ryans exited Gresham's classroom when class ended at 10:30 a.m. See Ryans Dep. at 34-35, 36, 39-40, 105; Ryans Aff. at 4 & Attach. She then met with Green and Lyons.⁵ See Ryans Dep. at 34, 105-06; Ryans Aff. at 4. She asserted to them that she had a right to be present at the school and tried to show them Jeffery's written authorization. Ryans Dep. at 36-37, 120. They refused to look at the principal's note.⁶ See Ryans Dep. at 36, 120.

Green told Naomi Ryans that the Jeffery's absence made the written authorization unenforceable and ordered her to leave the premises and to return when Gresham's schedule permitted. Ryans Aff at 4; see Ryans Dep. at 36-37. When she remained, he said that he would ask Lyons to arrest her if she failed to heed him. Ryans Dep. at 37.⁷ Because Naomi Ryans again did not depart, Lyons arrested her for trespassing under Section 30.05 of the Texas Penal Code (criminal trespass), see Tex. Penal Code Ann. § 30.05 (West 1994 & Supp.1998). See Lyons Aff. at 1; Ryans Aff. at 4; see also Ryans Dep. at 10-11.

Naomi Ryans assumed that Lyons had arrested her when he said, "Come on, let's go." He never explicitly told her that she was under arrest. He neither placed her in handcuffs nor used physical force. See Ryans Dep. at 38-39.

Lyons took Naomi Ryans to the police station. See Ryans Dep. at 39. Naomi Ryans secured her release by posting a $100 bond. See Ryans Dep. at 74. The criminal trespass charge against her was subsequently dismissed. See Ryans Dep. at 80-81.

The Ryans filed suit against Gresham, Green, Lyons, Livingston and LISD on May 15, 1997. See Pls.' Original Compl. [hereinafter Compl.] (file stamp). They alleged that the events of February 28, 1996, which culminated in Naomi Ryans' arrest, violated the First and Fourteenth Amendments to the United States Constitution, as well as Section 1981, and constituted a false imprisonment.⁸ See Compl. ¶¶ 1.01-.03, 5.01-6.04. They requested damages, a declaratory judgment proclaiming defendants' conduct unconstitutional and violative of Section 1981, and enjoyment of similar conduct in the future.⁹ See Compl. ¶¶ 7.01-.03.

Gresham,...