S.B. v. Saint James School
| Decision Date | 08 December 2006 |
| Docket Number | 1031517.,1040486. |
| Citation | 959 So.2d 72 |
| Parties | S.B. et al. v. SAINT JAMES SCHOOL, John Bell, and Kevin Ketzler. E.C. et al. v. D.Sk. and J.Si. |
| Court | Alabama Supreme Court |
Romaine S. Scott III of Garrison Scott, P.C., Birmingham, for appellants.
William I. Hill, Thomas Tankersley, and Doy Leale McCall III of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for appellees Saint James School, John Bell, and Kevin Ketzler.
F. Chadwick Morriss and R. Mac Freeman, Jr., of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellee J.Si.
Donald R. Jones, Jr., Montgomery, for appellee D.Sk.
On Applications for Rehearing
This Court originally affirmed the summary judgments of the trial court in the underlying case without an opinion. The decision to affirm the judgments of the trial court without an opinion was made because an opinion in this case would add little precedential value to the areas of the law discussed, and this Court concluded, after reviewing the record and the contentions of the parties, that the trial court's judgment was entered without error of law. See Rule 53(a)(1) and (a)(2)(F), Ala. R.App. P. In addition, because of the sensitive nature of the facts of this case, this Court did not want to subject the families involved to the further embarrassment and humiliation that might be brought about by a published opinion. However, counsel for the appellants strongly criticized this Court in the applications for rehearing filed in these appeals for failing to issue a published opinion; therefore, this Court has reconsidered its decision not to release a published opinion in this case, withdraws its no-opinion affirmance of June 9, 2006, and substitutes the following opinion therefor.1
B.B.2 and S.B., individually and as parent and next friends of C.J.; P.C. and B.C., individually and as parents and next friends of E.C.; R.D. and S.D., individually and as parents and next friends of M.D.; and G.H. and L.H., individually and as parents and next friends of K.H. (sometimes collectively referred to as "the plaintiffs") sued Saint James School, its former headmaster John S. Bell, and Kevin Ketzler, the chairman of the board of directors of Saint James School (sometimes collectively referred to as "the Saint James defendants"), on August 16, 2001, alleging a breach of contract, negligence, wantonness, invasion of privacy, the tort of outrage, and tortious interference with a contractual relationship.
The Saint James defendants answered the complaint on August 31, 2001, denying each count of the complaint and asserting certain affirmative defenses. The Saint James defendants also asserted a counterclaim pursuant to the Alabama Litigation Accountability Act, § 12-19-270 et seq., Ala.Code 1975.
On October 8, 2002, the plaintiffs amended their complaint to assert a claim of conversion and claims pursuant to 42 U.S.C. §§ 1981 and 1983. On November 6, 2002, the Saint James defendants moved the trial court to dismiss the claims asserted in the amended complaint.
The plaintiffs sued D.Sk., M.G., and J.Si., on February 18, 2003, alleging negligence, bailment or conversion, fraud, and defamation. D.Sk. and J.Si. each moved the trial court to dismiss the plaintiffs' claims asserted against them.
On April 4, 2003, the plaintiffs moved the trial court to consolidate the two cases. The plaintiffs amended their complaint against D.Sk., M.G., and J.Si. on April 29, 2003, to assert a claim of invasion of privacy. J.Si. moved the trial court to dismiss the amended complaint. The trial court entered an order on May 15, 2003, consolidating the two cases under a single case number, stating that the cases "will be heard as one case before this Court." On that same date, the trial court entered an order dismissing the conversion claim against the Saint James defendants.
On November 13, 2003, the Saint James defendants moved the trial court for a summary judgment as to all remaining claims asserted against them by the plaintiffs. Following a hearing, the trial court, on May 24, 2004, entered a summary judgment in favor of the Saint James defendants as to all remaining claims asserted against them by the plaintiffs. On June 29, 2004, the trial court entered an order certifying its May 24, 2004, judgment as final pursuant to Rule 54(b), Ala. R. Civ. P. The plaintiffs filed their notice of appeal with this Court on July 2, 2004 (case no. 1031517).
On June 10, 2004, D.Sk. moved for a summary judgment as to all claims asserted against her by the plaintiffs. On August 12, 2004, the trial court ordered that J.Si.'s earlier filed motions to dismiss be treated as a motion for a summary judgment. J.Si. supplemented the motion on September 20, 2004. Following a hearing, the trial court, on November 18, 2004, entered a summary judgment in favor of D.Sk. and J.Si. as to all claims asserted against them by the plaintiffs and certified that judgment as final pursuant to Rule 54(b), Ala. R. Civ. P.3 The plaintiffs filed their notice of appeal with this Court on December 28, 2004 (case no. 1040486).4
In reviewing the disposition of a motion for a summary judgment, we use the same standard the trial court used in determining whether the evidence before it presented a genuine issue of material fact and whether the movant was entitled to a judgment as a matter of law. Bussey v. John Deere Co., 531 So.2d 860, 862 (Ala. 1988); Rule 56(c), Ala. R. Civ. P. When the movant makes a prima facie showing that no genuine issue of material fact exists, the burden then shifts to the nonmovant to present substantial evidence creating such an issue. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989). Evidence is "substantial" if it is of "such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). This Court must review the record in a light most favorable to the nonmovant and must resolve all reasonable doubts against the movant. Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990).
Saint James School is a private school operated as a nonprofit organization and enjoys status as a tax-exempt entity under the Internal Revenue Code. At the time of the events giving rise to this action, Bell served as the school's headmaster; Ketzler served as an unpaid volunteer in the capacity of chairman of its board of directors; and C.J., E.C., M.D., and K.H. (collectively referred to as "the students") were four 14-year-old females enrolled in the ninth grade at Saint James School.
On New Year's Eve 2000 the students attended a party at the house of a fellow classmate. The party was not a school-sponsored event. While at the party the students participated in a card game called "Strip-Gotcha" with other attendees, including M.G. and J.Si., male classmates of the students. The card game requires that a person remove an article of clothing if that person loses at a hand of cards. During the game the students removed various articles of jewelry and clothing, including shoes and socks, and at least two students removed their shirts. M.G. and J.Si. removed all of their clothes except for their boxer shorts. None of the students completely disrobed.
E.C.'s parents picked the students up from the party shortly after midnight and took them to R.D. and S.D.'s house, where they were spending the night. S.D. allowed the students to share a "strawberry daiquiri breezer," a beverage that contains alcohol. After sharing the one alcoholic beverage, the students retired to M.D.'s bedroom. Once the students were in M.D.'s bedroom they used her computer to communicate electronically with M.G., who, along with J.Si., had returned home following the party. M.G. complained that the students had cheated during the card game earlier because he did not get a "show" and asked the students to e-mail him some nude photographs of them. M.G. requested a "cleavage shot," a "butt shot," and an "open shot." The students were initially reluctant to photograph themselves in the nude; however, M.G. eventually persuaded the students to take the photographs and to send them to him. The students agreed to do so after receiving assurances from M.G. and J.Si. that they would immediately delete the photographs after viewing them. The students took and e-mailed to M.G. and J.Si. five photographs depicting the students in the nude, in lewd poses, and using their fingers to manipulate their genitalia. The students had never previously taken such photographs of themselves and intended that the photographs be viewed by only M.G. and J.Si.
Approximately one month after the party the students learned that the nude photographs of them were circulating among the students at Saint James and that some students were referring to them as "porn stars" and "porn queens." When the students confronted M.G. about the photographs he initially stated that someone had "hacked" into his computer and retrieved the photographs; however, he eventually admitted that he did not delete the photographs as he had promised the students he would and that he had circulated them to other students, who in turn had shared the photographs with even more students. Copies of the photographs were being widely disseminated throughout the student body at Saint James and in the City of Montgomery.
Jim Arrington, who was then the principal of the high school at Saint James School, first learned on February 13, 2001, of the possibility that inappropriate photographs were circulating among the student body when a teacher informed him that he had overheard several students discussing the photographs. The teacher knew few details about the matter and was unable to identify the students he had overheard discussing the photographs because they were obscured from his view....
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