Wells v. Farmington Pub. Schs.
| Decision Date | 01 December 2022 |
| Docket Number | 21-cv-11265 |
| Parties | MARCUS WELLS, Plaintiff, v. FARMINGTON PUBLIC SCHOOLS; and ELLEN ELY, in her individual and official capacities, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
This is a deprivation of civil and constitutional rights case. Plaintiff, Marcus Wells (“Wells”), was a student at Farmington Central High School. On November 4, 2019, while in class, Wells and another student got into a verbal altercation that had the potential to escalate to a physical fight. Wells's teacher, Ellen Ely (“Ely”) attempted to break up the fight. While deescalating the encounter, Ely placed her hand on Wells and called him the “n-word.” Wells alleges that the November 4 incident and past behavior of Farmington Public Schools officials deprived him of his constitutional and civil rights. Wells further alleges that during the November 4 incident, Ely committed common law assault and intentional infliction of emotional distress.
This matter is before the Court on Defendant Ely's and Defendant FPS' Motions for Summary Judgment. The Motions have been fully briefed and a hearing was conducted on November 10, 2022, at 11 a.m.
For the reasons set forth below, Ely's Motion for Summary Judgment is GRANTED. The Court holds that 1); Ely is entitled to qualified immunity from the § 1983 equal protection and substantive due process claims brought against her; 2) that Wells has failed to create a material dispute of fact that Ely violated Wells's civil rights under Title VI of the Civil Rights Act of 1964 or Michigan's Elliot-Larsen Civil Rights Act; 3) that Ely is shielded from Wells's assault claim by state statute; and 4) that Wells offered insufficient evidence to sustain a claim for intentional infliction of emotional distress. All claims against Ely shall be dismissed.
Further FPS' Motion for Summary Judgment is also GRANTED. The Court holds that Wells failed to create a dispute of material fact that FPS violated 1) Wells's equal protection rights under § 1983; 2) Wells's substantive due process rights under § 1983; 3) that FPS is liable under a § 1983 Monell theory of liability; and 4) that FPS violated Wells's civil rights under Title VI of the Civil Rights Act of 1964 or Michigan's Elliot-Larsen Civil Rights Act. All claims against FPS shall be dismissed.
On May 27, 2021, Wells filed this action against Farmington Public Schools (“FPS”) in its official capacity, and Ely in her personal and official capacity.[1] (Compl., ECF No 1). This Court has proper federal question subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1331.
Wells's complaint contains the following 7 counts: 1) a claim against FPS and Ely for compensatory damages under 42 U.S.C. § 1983 for violation of Wells's equal protection rights; 2) a claim against FPS and Ely for compensatory damages under 42 U.S.C. § 1983 for violation of Wells's substantive due process rights; 3) a 42 U.S.C. § 1983 Monell claim for compensatory damages against FPS; 4) a claim against FPS and Ely for deprivation of Wells's civil rights under Title VI of the Civil Rights Act of 1964; 5) a claim against FPS and Ely for violation of Michigan's Elliot-Larsen Civil Rights Act; 6) an assault claim against Ely; and 7) an intentional infliction of emotional distress claim against Ely.
On Aug. 12, 2022, FPS filed a Motion for Summary Judgment. (FPS' Mot. Summ. J., ECF No. 40). On Aug. 15, 2022, Ely filed a Motion for Summary Judgment. (Ely's Mot. Summ. J., ECF No. 42).
With respect to summary judgment motions, this Court's practice guidelines are included in the Scheduling Order and provide, consistent with Fed.R.Civ.P. 56 (c) and (e), that:
(Scheduling Order at 3, ECF No. 12). All parties complied with the Court's practice guidelines for summary judgment motions.
Ely worked as a teacher at FPS for approximately 10 years prior to the incident. (Ely statement ¶ 2); (Ely Counterstatement ¶ 2). Ely taught math at Farmington Central High School. (Ely statement ¶ 3); (Ely Counterstatement ¶ 3). Farmington Central is an alternative high school that provides support for students with behavioral issues. (Ely Statement ¶ 11); (Ely Counterstatement ¶ 11).
At all times relevant to this case, Wells was a student in the FPS system. During his time at FPS, Wells was punished on at least 24 occasions. (Ely Statement ¶ 9); (Ely Counterstatement ¶ 9). Wells's record includes punishment for disruptive behavior, sexual harassment, and theft. (Ely's Mot. Summ. J., Ex. 6 (Discipline Record) ECF No. 42-7). However, most of Wells's disciplinary actions occurred while he was in middle school. Id.
In January 2019, Wells transferred to Farmington Hills Central High School for his second semester of tenth grade. Ely was Wells's homeroom and math teacher. (Ely statement ¶ 7); (Ely Counterstatement ¶ 7).
On November 4, 2019, Wells was in Ely's Geometry class. (Ely statement ¶ 15); (Ely Counterstatement ¶ 15). James Edwards, another teacher, was also present in the class to provide special education support to students. (Ely statement ¶ 16); (Ely Counterstatement ¶ 16). During class, Wells and another student started an altercation. (Ely statement ¶ 17); (Ely Counterstatement ¶ 17).
Wells testified that the other student threw a pencil at him and began to approach, which Wells took as a threat. (Wells Dep. 57:7-10, ECF No. 45-2). Wells further testified he was prepared to defend himself if the other student touched him. Id. Other students in class reported that Wells and the other student were getting ready to fight. (Ely statement ¶ 22); (Ely Counterstatement ¶ 22).
Ely testified that to stop the altercation, she walked towards Wells, called his name, and gently placed her left hand on his shoulder. (Ely Dep. 44:1-15, ECF No. 42-2). Wells testified, however, that Ely walked up to him, put her hand on him, and called him the “n-word” (Ely Counterstatement ¶ 25).[2]
Wells next asked Ely to remove her hand, so she did. (Ely statement ¶ 26); (Ely Counterstatement ¶ 26). Wells then reported Ely's use of the “n-word” to Farmington Central's Principal, David Reese. (Ely statement ¶ 31); (Ely Counterstatement ¶ 31). FPS subsequently launched an investigation, during which Ely initially denied calling Wells the “n-word.” (Ely's Mot. Summ. J., Ex. 9 (Investigation Report at 2) ECF No. 42-10).
Wells testified that he had never heard Ely make a racially derogatory comment to a student before the November 4 incident. (Ely Statement ¶ 30); (Ely Counterstatement ¶ 30). Wells further testified that the November 4 incident is the only time he had ever heard Ely say the “n-word” (Wells Dep. 52:22-25, ECF No. 42-5).
James Edwards, the other teacher in the room, also stated he had never heard Ely use racial slurs in the past. (Edwards Dep. 9:12-16, ECF No. 42-8). However, Ely admitted that she has used the “n-word” in the context of “discussions amongst friends, colleagues, talking about the situation in the world or why students use the word to each other.” (Ely Dep. 52:15-53:13, ECF No. 45-30).
After the November 4 incident, Ely was initially suspended for three days without pay, but that suspension was extended to fourteen days without pay because the district suspected she was being dishonest about calling Wells the “n-word.” (Ely Dep. 157:25-158:1, 166:24-167:18, ECF No. 42-2). Ultimately, after six months, Ely resigned from employment with FPS pursuant to a separation agreement. (Ely statement ¶ 35); (Ely Counterstatement ¶ 35).
Wells never saw Ely again after the November 4 incident. (Ely statement ¶ 36); (Ely Counterstatement ¶ 36). Further, Wells did not return to Farmington Central because of the November 4 incident. (Ely statement ¶ 37); (Ely Counterstatement ¶ 37). Instead, Wells finished high school at Oak Park Virtual Academy, where his grades improved marginally. (Ely's Mot. Summ. J. Ex. 5 (Transcript), ECF No. 42-6).
FPS' “Statement of Facts not in Dispute” largely focuses on FPS' policies and trainings, the adequacy of FPS' investigation after the November 4 incident, and discrediting evidence favorable to Wells. To the extent FPS' counter statement focuses on the November 4 incident, FPS' Statement and Wells's Counterstatement closely mirror the events described above, in Section B. FPS' Statement and Wells's Counterstatement, as they relate to the adequacy of FPS' policies, the resolution of the November 4 incident, and the viability of Wells's purported evidence, are addressed in the analysis section.
Summary judgment will be...
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