Sagehorn v. Indep. Sch. Dist. No. 728, Civil No. 14–1930 (JRT/BRT).

• Decision Date: 11 August 2015
• Docket Number: Civil No. 14–1930 (JRT/BRT).
• Citation: 122 F.Supp.3d 842
• Parties: Reid Brazell SAGEHORN, Plaintiff, v. INDEPENDENT SCHOOL DISTRICT NO. 728 ; Roman Pierskalla, in his individual capacity as Principal of Rogers High School; Mark Bezek, in his individual capacity as Superintendent of Independent School District No. 728 ; Jana Hennen–Burr, in her individual capacity as Assistant Superintendent of Independent School District No. 728 ; Jeffrey Beahen, in his individual capacity as Police Chief for Rogers Police Department; and Stephen Sarazin, in his individual capacity as a police officer for Rogers Police Department, Defendants.
• Court: U.S. District Court — District of Minnesota

122 F.Supp.3d 842

Reid Brazell SAGEHORN, Plaintiff,

v.INDEPENDENT SCHOOL DISTRICT NO. 728 ; Roman Pierskalla, in his individual capacity as Principal of Rogers High School; Mark Bezek, in his individual capacity as Superintendent of Independent School District No. 728 ; Jana Hennen–Burr, in her individual capacity as Assistant Superintendent of Independent School District No. 728 ; Jeffrey Beahen, in his individual capacity as Police Chief for Rogers Police Department; and Stephen Sarazin, in his individual capacity as a police officer for Rogers Police Department, Defendants.

Civil No. 14–1930 (JRT/BRT).

United States District Court, D. Minnesota.

Signed Aug. 11, 2015.

Robert Bennett and Paul C. Dworak, Gaskins, Bennett, Birrell, Schupp, LLP, Minneapolis, MN, for plaintiff.

Amy E. Mace, Ratwik Roszak & Maloney, Minneapolis, MN; and Trevor S. Helmers and Elizabeth J. Vieira, Rupp, Anderson, Squires & Waldspurger, Minneapolis, MN, for defendants Independent School District No. 728, Roman Pierskalla, Mark Bezek, and Jana Hennen–Burr.

Jessica E. Schwie, Jardine Logan & O'Brien, PLLP, Lake Elmo, MN, for defendants Jeffrey Beahen and Stephen Sarazin.

MEMORANDUM OPINION AND ORDER

JOHN R. TUNHEIM, District Judge.

This is an action brought by plaintiff Reid Sagehorn against Independent School District Number 728 ("ISD No. 728"); Roman Pierskalla, the Principal of Rogers High School; Mark Bezek, the Superintendent of ISD No. 728; and Jana Hennen–Burr, the Assistant Superintendent of ISD No. 728 (collectively, "the School Defendants"). Sagehorn has also named as a defendant Jeffrey Beahen, the Police Chief of the Rogers Police Department, and Stephen Sarazin, an individual officer at the Rogers Police Department (collectively, "the Police Defendants"). Sagehorn was a senior at Rogers High School in 2014, when he was suspended after he responded "actually yes" to an anonymous internet post asking "did @R_Sagehorn3 actually make out with [name of female teacher at Rogers High School]." The school district subsequently informed Sagehorn that he would be expelled if he did not withdraw from the district, and Sagehorn ultimately withdrew. He is now bringing this claim for a violation of his First and Fourteenth Amendment rights by all individual defendants, a Monell claim against the school district, and a defamation claim against Police Chief Beahen for comments made during his investigation into Sagehorn's conduct.

Both the School Defendants and the Police Defendants have moved for judgment on the pleadings. Because the Court finds that Sagehorn has adequately pleaded each of his claims against ISD No. 728 and the individual School Defendants, the Court will deny the School Defendants' motion for judgment on the pleadings. The Court finds that Sagehorn has adequately pleaded a defamation claim against Beahen and will deny the police defendants' motion for judgment on the pleadings as to the defamation claim against Beahen. The Court will grant the Police Defendants' motion as to all other claims, because Sagehorn has not pleaded a sufficient nexus between Sarazin or Beahen and any alleged constitutional violations.

BACKGROUND

I. PARTIES

In February 2014, Sagehorn was an honor student at Rogers High School, a member of the National Honor Society, and a four-time recipient of the Scholastic Achievement Award. (Compl. ¶ 9, June 17, 2014, Docket No. 1.) He was a varsity letterman in football, basketball, and baseball, as well as the named captain of the basketball team in 2012 and both the football and basketball teams in 2013. (Id. ¶ 10.) Prior to February 2014, Sagehorn had never been subject to any disciplinary actions by Rogers High School, aside from a single parking ticket. (Id. ¶ 18.) On October 11, 2013, he was admitted to North Dakota State University ("NDSU"), pending completion of all work for any remaining courses taken prior to his enrollment. (Id. ¶ 19.)

Defendant ISD No. 728 is a public school district organized and operated under the laws of the State of Minnesota. (Id. ¶ 11.) Defendant Roman Pierskalla is the Principal of Rogers High School. (Id. ¶ 13.) Defendant Mark Bezek is the Superintendent of ISD No. 728. (Id. ¶ 14.) Defendant Jana Hennen–Burr ("Hennen–Burr") is the Assistant Superintendent of ISD No. 728. (Id. ¶ 15.)

Defendant Jeffrey Beahen ("Beahen") is the Police Chief for Rogers Police Department. (Id. ¶ 16.) Defendant Stephen Sarazin ("Sarazin") is a police officer for Rogers Police Department, supervised by Beahen. (Id. ¶ 17.) The Court will refer to these defendants as the "Police Defendants."

II. THE TWEET AND INITIAL FALLOUT

On January 26, 2014, someone anonymously posted on a website titled "Roger confessions" the following: "did @R_Sagehorn3 actually make out with [name of female teacher at Rogers High School]?" (Id. ¶ 20; Aff. of Trevor Helmers ("Helmers Aff."), Ex. 1 at 1, Oct. 29, 2014, Docket No. 26.) Sagehorn did not create or maintain the "Roger confessions" website. (Compl. ¶ 21.) In response, Sagehorn posted "actually yes," which he intended to be taken in jest. (Helmers Aff., Ex. 1 at 1; Compl. ¶¶ 2223.)¹ The post was made the same day, outside of school hours and not on school grounds. (Compl. ¶ 24; Helmers Aff., Ex. 1 at 1.) Sagehorn was not at a school-sponsored event at the time he made his post, nor did he use any school property to make the post. (Compl. ¶ 24.)

In late January or early February, a parent of a student contacted Rogers High School to express concern about the postings. (Id. ¶ 25; Am. Joint Answer of School Defs. ("Answer") ¶ 21, Feb. 5, 2015, Docket No. 58.) Sagehorn alleges that there had been no disruption to class work or school activities as a result of the post. (Compl. ¶ 44.) No one mentioned the post to Sagehorn until he was summoned to the Principal's office on February 3, 2014. (Id. ¶¶ 26, 30.)

III. SCHOOL DEFENDANTS' DISCIPLINARY ACTION

On February 3, 2014, Principal Pierskalla summoned Sagehorn to his office, where Officer Sarazin was present in full police uniform. (Id. ¶ 26.) Pierskalla and Sarazin asked Sagehorn about the website and Sagehorn's post. (Id. ¶ 27.) Sagehorn told them that he authored the post, that the post was meant to be sarcastic, and that he did not intend for anyone to believe the post to be true. (Id. )

On February 5, 2014, Pierskalla summoned Sagehorn to his office a second time, with Sarazin again present in full police uniform. (Id. ¶¶ 31–32.) Pierskalla told Sagehorn that the school had decided to suspend Sagehorn for five school days. (Id. ¶ 33.) Pierskalla told Sagehorn's mother, Lori Sagehorn, that they were suspending Sagehorn because he "damaged a teacher's reputation." (Id. ¶ 39.) Pierskalla signed a notice of suspension and gave it to Sagehorn to present to his parents. (Id. ¶ 37; Helmers Aff., Ex. 2.) The notice included an attachment from page 35 of the Rogers High School Board Approved Handbook. (Compl. ¶ 38.) The attachment highlighted the offense of "threatening, intimidating, or assault of a teacher, administrator, or staff member," along with the recommended consequence of "3–10 day suspension; possible expulsion, police notification." (Id. )

On February 10, 2014, Pierskalla called Sagehorn's parents, with Sarazin once again present. (Id. ¶ 48.) Pierskalla informed Sagehorn's parents that they had decided to extend Sagehorn's suspension for another five school days and would be recommending expulsion through April 22, 2014 to the School Board. (Id. ¶ 49.) Pierskalla did not mention any disruptions to the learning environment. (Id. ¶ 50.) Sagehorn's parents informed Pierskalla that they disapproved of the decision and felt that the punishment greatly exceeded Sagehorn's mistake. (Id. ¶ 62.) Pierskalla became angry that Sagehorn's parents were questioning his authority, and informed them that the decision was final. (Id. ¶ 63.)

On February 11, 2014, Lori Sagehorn sent an email to Superintendent Bezek. (Id. ¶ 64.) In the email, she requested an open hearing, asked for the authority behind the ten-week expulsion, requested an in-person meeting with Bezek, and requested that the school district interview teachers and coaches familiar with Sagehorn. (Id. ) Bezek replied to Lori Sagehorn's email, explaining that he was out of town and that Assistant Superintendent Hennen–Burr would assist the Sagehorns with their concerns until he returned. (Id. ¶ 65.) Lori Sagehorn then sent Bezek a reply indicating that she would like to meet with him after his return and reiterating her frustration about Sagehorn's situation in light of his "spotless record" and "leadership, scholastic and athletic accomplishments" at the school. (Id. ¶ 66.) About an hour later, Sarazin called Lori Sagehorn and left her a voicemail telling her that he had forwarded police reports from the postings to the Hennepin County Attorney's Office for their review and decision as to whether to charge Sagehorn with any crimes. (Id. ¶ 67.)

Lori Sagehorn then contacted Assistant Superintendent Hennen–Burr and set up a meeting for the morning of February 14, 2014. (Id. ¶ 71.) Along with Sagehorn and his parents, Assistant Superintendent Hennen–Burr was present in person and Superintendent Bezek was present by telephone at the meeting on February 14. (Id. ¶ 72.) At the meeting, the Sagehorns expressed their view that the punishment was excessive and unwarranted. (Id. ¶ 73.) Bezek and Hennen–Burr disagreed. (Id. ¶ 74.) Bezek and Hennen–Burr represented to the Sagehorns that they could have a hearing in front of a hearing officer to contest the expulsion. (Id. ¶ 81.) Sagehorn alleges that Bezek and Hennen–Burr also informed the Sagehorns, however, that a hearing would be meaningless and the outcome was pre-ordained. (Id. ) In addition, Bezek and Hennen–Burr warned the Sagehorns that the school would consider increasing the expulsion punishment through the remainder of the school year if they requested a hearing. (Id. ¶ 84.) Bezek and Hennen–Burr told the Sagehorns that an expulsion of...