Woods v. Miamisburg City Schools

• Decision Date: 04 February 2003
• Docket Number: No. C-3-02-185.,C-3-02-185.
• Citation: 254 F.Supp.2d 868
• Parties: Sorel Irene WOODS, a minor, etc., Plaintiffs, v. MIAMISBURG CITY SCHOOLS, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

254 F.Supp.2d 868

Sorel Irene WOODS, a minor, etc., Plaintiffs, v. MIAMISBURG CITY SCHOOLS, et al., Defendants.

No. C-3-02-185.

United States District Court, S.D. Ohio, Western Division.

February 4, 2003.

COPYRIGHT MATERIAL OMITTED

James Greene, III, Dayton, OH, for Plaintiff.

Gregory Scott, Patrick Dunphy, Nicholas Subashi, Dayton, OH, for Defendants.

DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART THE MOTION OF DEFENDANTS CITY OF MIAMISBURG AND OFFICER JOEL MITCHELL TO DISMISS, PURSUANT TO FED. R. CIV. P. 12(B)(6) (DOC. #2); PLAINTIFF MAY SEEK LEAVE TO FILE AMENDED COMPLAINT; THE STAY OF PROCEEDINGS ENTERED BY THE COURT ON DECEMBER 5, 2002 (DOC. # 11), IS RESCINDED AND THE PRELIMINARY PRETRIAL CONFERENCE ORDER OF OCTOBER 31, 2002 (DOC. #12), AS AMENDED ON NOVEMBER 25, 2002 (DOC. #13), IS IN EFFECT

RICE, Chief Judge.

At the time of the filing of the Complaint Plaintiff SoRel¹ Irene Woods ("Plaintiff), an African-American, was a sixteen year old junior at Miamisburg High School in Miamisburg, Ohio (Compl.¶ 1).² Throughout the 2001-2002 school year, she allegedly was subjected to race discrimination, in that teachers and students were permitted to threaten her, both physically and verbally, without consequence (id. 111). In particular, Plaintiff alleges that Caucasian students threw food at her and other African-American students and directed racial slurs toward her, and that she was physically assaulted by Defendant Joel Mitchell, a Miamisburg police officer who was assigned to the school (id. 111113, 15). Plaintiff asserts that she complained about the racial harassment, but no action was taken (id. ¶ ¶ 12, 16). On March 19, 2002, Plaintiffs mother, Sonya Townsend, wrote to the school, complaining about the harassment and the assault by Officer Mitchell (id. 1113, Ex. B). Shortly thereafter, Officer Mitchell initiated charges against Plaintiff for being disorderly (id. H 14).

On April 23, 2002, Plaintiff, by and through her parents, Kerry and Sonya Townsend, brought suit in this Court against the City of Miamisburg, the Miamisburg Board of Education, Miamisburg City Schools and Officer Joel Mitchell, setting forth four claims for relief, to wit: (1) a claim for violation of her rights under the First and Fourteenth Amendments to the United States Constitution, pursuant to 42 U.S.C. §§ 1981 and 1983, by discriminating against her on the basis of race and by infringing on her property right to a public education; (2) a state law claim for violation of Article I, Section 2, of the Ohio Constitution; (3) a state law claim for violation of Ohio's public policy against discrimination in public places; and (4) a state law claim against the City of Miamisburg and Officer Mitchell for assault and battery (Doc. # 1).

Pending before the Court is the Motion of the City of Miamisburg and Officer Mitchell to Dismiss, pursuant to Fed. R.Civ.P. 12(b)(6) (Doc. # 2).³ For the reasons assigned, Defendants' Motion is SUATAINED IN PART and OVERRULED IN PART.

1. Standard for Rule 12(b)(6) Motions to Dismiss

When considering a motion to dismiss pursuant to Rule 12(b)(6), the court must "construe the complaint in the light most favorable to the plaintiff, accept all factual allegations as true, and determine whether the plaintiff undoubtedly can prove no set of facts in support of his claims that would entitle him to relief." Cline v. Rogers, 87 F.3d 176, 179 (6th Cir.)(citing In re DeLorean Motor Co., 991 F.2d 1236, 1240 (6th Cir.1993)), cert, denied 519 U.S. 1008, 117 S.Ct. 510, 136 L.Ed.2d 400 (1996); see also Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Barrett v. Harrington, 130 F.3d 246 (6th Cir.1997), cert, denied, 523 U.S. 1075, 118 S.Ct. 1517 140 L.Ed.2d 670 (1998)("In considering a motion to dismiss for failure to state a claim, the Court is required to take as true all factual allegations in the complaint."); Lamb v. Phillip Morris, Inc., 915 F.2d 1024, 1025 (6th Cir.1990), cert, denied, 498 U.S. 1086, 111 S.Ct. 961, 112 L.Ed.2d 1048 (1991). However, the Court need not accept as true a legal conclusion couched as a factual allegation. Papasan v. Attain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986). A well-pleaded allegation is one that alleges specific facts and does not merely rely upon conclusory statements. The Court is to dismiss the complaint "only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984).

II. Defendants' Motion to Dismiss (Doc. #2)

A. Plaintiffs Claims of Violation of her Rights Under the First and Fourteenth Amendments to the United States Constitution; 42 U.S.C. §§ 1981 and 1983 (Count One)

In Count One of her Complaint, Plaintiff asserts that Defendants violated her rights under the First and Fourteenth Amendments to the United States Constitution, by discriminating against her on the basis of race and by infringing on her property right to a public education. Plaintiff sets forth claims for these violations, pursuant to 42 U.S.C. §§ 1981 and 1983. Defendants seek dismissal of all aspects of this Count.

1. Plaintiffs Claims of Violation of the First Amendment to the United States Constitution

The Court begins with Plaintiffs allegation that Defendants have violated her rights under the First Amendment to the United States Constitution. Defendants assert that Plaintiffs First Amendment claims must be summarily dismissed, because she has made no mention of that Amendment in the body of her Complaint. They note that she makes only a passing reference to the First Amendment in the caption of her First Claim for Relief. Plaintiff does not argue in her Memorandum in Opposition that she has asserted any First Amendment claim, nor that such a claim has been adequately pled. Accordingly, in light of the lack of specific factual allegations in the Complaint in support of these claims and of any suggestion that such claims were intended, Defendants' Motion to Dismiss Count One, to the extent that it is based on violations of the First Amendment, is SUSTAINED.

2. Plaintiffs § 1983 Claims Based on Violations of the Fourteenth Amendment to the United States Constitution

42 U.S.C. § 1983 creates a cause of action against any person who, acting under color of state law, subjects any other person to the deprivation of rights secured by the Constitution and laws of the United States. Lillard v. Shelby County Bd. of Educ, 76 F.3d 716 (6th Cir. 1996). However, "[s]ection 1983 imposes liability for violations of rights protected by the Constitution, not for violations of duties of care arising out of state tort law. Remedy for the latter type of injury must be sought in state court under traditional tort-law principles." Baker v. McCollan, 443 U.S. 137, 146, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979). Thus, to state a § 1983 claim against Officer Mitchell, Plaintiff must establish (1) the deprivation of a right secured under the Constitution or federal law; and (2) that deprivation was caused by a person acting under color of state law. Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981); Brock v. McWherter, 94 F.3d 242, 244 (6th Cir.1996); Alkire v. Irving, 305 F.3d 456, 466 (6th Cir.2002). When a § 1983 claim is asserted against a municipality, the court must determine: (1) whether Plaintiffs harm was caused by a constitutional violation, and (2) if so, whether the governmental entity is responsible for that violation. Collins v. Harker Heights, 503 U.S. 115, 120, 112 S.Ct. 1061,117 L.Ed.2d 261 (1992).

Herein, Plaintiff appears to allege that Defendants, acting under color of state law, have violated her right to equal protection of the laws by allowing her to be threatened, both physically and verbally, by being physically assaulted, and by failing to follow the Pride Handbook, the administrative policy of Miamisburg High School as it pertains to the rights of students (Compl. ¶¶ 11, 22, 23).⁴ She further alleges that her rights have been violated in that Defendants interfered with her property right to receive a public education free from racial discrimination (id. ¶ 23). In addition, Plaintiff alleges that Defendants acted with deliberate indifference to the policies, customs and practices set forth in the Pride Handbook.

At the outset, it is clear that Defendants acted under color of state law. The City is a municipality and Officer Mitchell's alleged conduct occurred while performing his duties as a police officer at Miamisburg High School. Thus, the Court must focus on whether Plaintiff has alleged facts to support a claim that Defendants violated her constitutional rights under the Fourteenth Amendment.

Plaintiffs claims against Officer Mitchell appear to be based on his actions in his capacity as a law enforcement officer when he failed to prevent fellow students from racially harassing and assaulting her, and when he failed to investigate her allegations that such conduct occurred (Doc. # 5 at 5). Although Plaintiff asserts that Officer Mitchell had an official duty to protect her, a police officer is not under any constitutional obligation to prevent harassment by private parties, such as other students. DeShaney v. Winnebago County Dept. of Soc. Servs., 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989); Soper v. Hoben, 195 F.3d 845, 853 (6th Cir.1999) (no claim based on school's failure to protect educable mentally impaired student from harassment and assault by other students). Accordingly, Plaintiffs claim against Officer Mitchell for failing to protect her must be dismissed. Her claim against the City of Miamisburg, based on this conduct by Officer Mitchell, likewise must be dismissed, for if there is no constitutional violation, there is nothing for which the City of Miamisburg can be responsible.

As for Plaintiffs allegations that Officer Mitchell...