Vann ex rel. Vann v. Stewart, 3:04-CV-493.
| Citation | 445 F.Supp.2d 882 |
| Decision Date | 05 June 2006 |
| Docket Number | No. 3:04-CV-493.,3:04-CV-493. |
| Parties | Austin VANN, by his next friends, Frank VANN and Ashley Vann, Plaintiff, v. James STEWART, in his official capacity, Members of the Anderson County Board of Education, and Terri Ferry, in her official capacity, Defendants. |
| Court | U.S. District Court — Eastern District of Tennessee |
William A. Reeves, Wise & Reeves, PC, Knoxville, TN, for Plaintiff.
Arthur F. Knight, III, Becker, Fleishman & Knight, PC, Knoxville, TN, for Defendants.
Plaintiff Austin Vann alleges that his federal civil rights, along with Tennessee laws, were violated when defendants suspended him from school under Anderson County's zero tolerance policy. Plaintiff was suspended for one calendar year after he was found with a small pocketknife on school grounds. Defendants generally deny plaintiffs allegations.
This civil action is now before the Court for consideration of defendants' Motion for Summary Judgment [Doc. 16]. Defendants contend, inter alia, that plaintiff was given proper notice and an opportunity for a hearing, that there was a rational relationship between the punishment and the offense in the context of the government's interest in school safety, that plaintiff received the same punishment as other students who violate the zero tolerance policy, and that plaintiffs state law claims fail to state a theory of recovery for which relief may be granted. Plaintiff opposes the motion by arguing that defendants applied the wrong standard for determining the appropriate level of discipline, which caused plaintiff to receive a meaningless hearing and resulted in an irrational decision.
For the reasons discussed herein, defendants' motion for summary judgment will be granted as to plaintiffs federal civil rights claims, and those claims will be dismissed. Consequently, the Court will decline to exercise supplemental jurisdiction over plaintiffs state law claims, and those claims will be remanded to the Anderson County Chancery Court for that court's consideration and determination.
Under Rule 56(c), summary judgment is proper if the record, taken as a whole, shows that "there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The burden of establishing that there is no genuine issue of material fact lies upon the moving party. See Celotex Corp. v. Catrett, 477 U.S. 317, 330 n. 2, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The Court must view the facts and all inferences to be drawn therefrom in the light most favorable to the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Burchett v. Kiefer, 310 F.3d 937, 942 (6th Cir.2002). To establish a genuine issue as to the existence of a particular element, the non-moving party must point to evidence in the record upon which a reasonable jury could find in its favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The genuine issue must also be material; that is, it must involve facts that might affect the outcome of the suit under the governing law. See id.
The judge's function in considering a motion for summary judgment is limited to determining whether sufficient evidence has been presented to make the issue of fact a proper jury question, and not to weigh the evidence, judge the credibility of witnesses, and determine the truth of the matter. See id. at 249, 106 S.Ct. 2505. Thus, "Mlle inquiry performed is the threshold inquiry of determining whether there is the need for trial—whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." See id. at 250, 106 S.Ct. 2505.
On April 7, 2004, plaintiff, a sophomore at Anderson County High School, possessed a small pocket knife while on school grounds. Doc. 1-2 at 2. During his first period class, plaintiff discovered the pocket knife in his pocket and showed it to a few classmates, but he did not inform his teacher, nor did he dispose of it. Id. On the other hand, plaintiff did not open the pocket knife or display it in an offensive or threatening manner. Id.
Later that day, the school's assistant principal, Murrel Albright, was informed that plaintiff had threatened a female student with whom plaintiff had carried on a turbulent romantic relationship. See Doc. 19-13 at 1. See also Doc. 1-2 at 2. Assistant principal Albright called plaintiff into his office and asked him about the allegations. See Doc. 19-13 at 1. See also Doc. 1-2 at 2. Plaintiff denied making any threats. See Doc. 19-10 at 28. See also Doc. 1-2 at 2. Assistant principal Albright asked plaintiff whether he possessed "anything he shouldn't have." Doc. 19-13 at 1. See also Doc. 1-2 at 2-3. Plaintiff admitted possessing the pocket knife and gave it to assistant principal Albright. See Docs. 19-13 at 1; 1-2 at 3.
Upon learning of the pocket knife, assistant principal Albright contacted plaintiffs mother and completed a disciplinary referral form, a zero tolerance report, and a notice of suspension and right to appeal. See Docs. 1-2 at 3; 19-13 at 2-4. The disciplinary referral form and zero tolerance report stated that the possession of the pocket knife was a violation of the local zero tolerance policy and that plaintiff was being suspended for one calendar year. See Doc. 19-13 at 2, 3. The notice of suspension and right to appeal was addressed to plaintiffs mother and stated that plaintiff had violated the local zero tolerance policy based on possession of a knife, resuiting in a suspension for one calendar year, and that plaintiff had a right to appeal and request a hearing before the student Disciplinary Hearing Authority ("DHA"). Id. at 4. Plaintiff properly appealed and requested a hearing before the DHA. See Doc. 1-2 at 3.
On April 15,2004, the DHA held a hearing, during which plaintiff, his attorney, assistant principal Albright, and others spoke. See Doc. 19-6. The hearing was led by Terri Ferry, the director of student services for Anderson County schools. Id. After assistant principal Albright explained what had occurred, Ms. Ferry asked plaintiff a series of questions about the incident and the alleged threats. Id. at 3. Plaintiff described in some detail the events of April 7, 2004, admitted possessing the pocket knife, but denied ever making any threats, and answered questions from members of, the DHA. Id. at 3-4. Plaintiff's mother also spoke during the hearing, as did plaintiff's attorney. Id. at 7-12. At the conclusion of the hearing, Ms. Ferry informed plaintiff that he could seek review of the DHA's decision by the school board, plaintiff apologized for possessing the knife at school, and plaintiff's attorney asked the DHA to consider imposing a "reasonable suspension" by reducing the suspension from one year to ten days. Id. at 13-14.
After a recess during which the DHA privately conferred, Ms. Ferry informed plaintiff that the suspension was affirmed. Id. at 14. The DHA members signed a form stating it found plaintiff "guilty." Doc. 60-11. Ms. Ferry also completed a report on the DHA hearing that summarized the facts, announced the DHA's decision, and informed plaintiff that he could seek review by the school board. See Doc. 19-7. While this report explains that plaintiff possessed the pocket knife in violation of the local zero tolerance policy, it does not discuss whether the DHA considered modifying the suspension. See id.
On May 13, 2004, during the Anderson County Board of Education meeting, plaintiff requested that it review the DHA decision. Doc. 1-2 at 6. Plaintiff, his mother, and plaintiff's attorney made brief statements to the board, but after hearing the presentation, it voted to deny a further review of plaintiff's suspension. See Does. 1-2 at 6; 19-9 at 2.
Citing her deposition testimony, plaintiff alleges that Ms. Ferry told members of the DHA that their only role was to determine whether to affirm or overturn the suspension. Doc. 60-1 at 4-5 (referring to Doc. 60-3 at 2-3). Plaintiff also alleges that the members of the DHA, as evidenced by the deposition testimony of. Sue Voskamp, a DHA member, believed that they were limited to only affirming or overturning the suspension, without also considering whether to modify the suspension. See Doc. 60-1 at 5 (referring to Doc. 60-9 at 2). In addition, plaintiff alleges that before plaintiff's request was considered by the board of education, Ms. Ferry repeated that the board's only role was to determine guilt or innocence. See Doc. 60-1 at 6. Defendant responds that DHA and school board members were aware that they could modify a suspension but simply did not do so in this case. See Doc. 78 (referring to Doc. 77-2 at 2-3). As will be more fully discussed later, while this is a genuine issue of disputed fact, the fact in dispute is not material to a determination of plaintiff's federal claims, which are diapositive in this action.1
The suspension or expulsion of a student from a Tennessee secondary school is regulated by state statute and local school policy. See Tenn.Code Ann. §§ 49-6-3401, 49-6-4216. Broadly, certain school officials are permitted to suspend a student from school attendance for "good and sufficient reasons," including "possession of a knife . .." § 49-6-3401(a)(8). In addition, Tennessee has authorized the expulsion of a student for committing two types of "zero tolerance" offenses. The procedure for imposing a suspension or expulsion is also mandated by statute. See § 49-6-3401(c).
The first type of zero tolerance offense is specified by statute and mandates the expulsion for one year of any student found to be in...
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