Zehner v. Central Berkshire Regional School Dist., Civil Action No. 94-30235-MAP.

• Court: U.S. District Court — District of Massachusetts
• Citation: Zehner v. Central Berkshire Regional School Dist., 921 F.Supp. 850 (D. Mass. 1995)
• Decision Date: 31 July 1995
• Docket Number: Civil Action No. 94-30235-MAP.
• Parties: William ZEHNER, Jr., Susan Zehner and William Zehner, Sr., Plaintiffs, v. CENTRAL BERKSHIRE REGIONAL SCHOOL DISTRICT, Defendant.

921 F. Supp. 850

William ZEHNER, Jr., Susan Zehner and William Zehner, Sr., Plaintiffs, v. CENTRAL BERKSHIRE REGIONAL SCHOOL DISTRICT, Defendant.

Civil Action No. 94-30235-MAP.

United States District Court, D. Massachusetts.

July 31, 1995.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Marilyn J. Schmidt, Schmidt & Botter, Northampton, MA, for William Zehner and Susan Zehner.

Edward J. McDonough, Jr., Egan, Flanaghan & Cohen, PC, Springfield, MA, for Central Berkshire Regional School District.

PONSOR, District Judge.

Upon de novo review, the Report and Recommendation of the Magistrate Judge is adopted in full, and this motion Plaintiffs' Motion for Summary Judgment is DENIED. So ordered.

Upon de novo review the Report and Recommendation of the Magistrate Judge (not "Clerk Magistrate" as plaintiff terms him) is adopted in full. This motion Defendant's Cross-Motion for Summary Judgment is ALLOWED; the clerk is ordered to enter judgment for defendant.

REPORT AND RECOMMENDATION WITH REGARD TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (Docket No. 17) AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT (Docket No. 23)

NEIMAN, United States Magistrate Judge.

I. INTRODUCTION

This case finds its origin in a number of confrontations in the autumn of 1993 between Plaintiff William Zehner, Jr. ("William"), then a student at Wahconah Regional High School in Dalton, Massachusetts, and high school administrators. The result of these confrontations was that William received two three-day suspensions from school, lost his privilege to park his truck in the school lot and was excluded from the soccer team for the remainder of the season.

William and his parents, Susan Zehner ("Mrs. Zehner") and William Zehner, Sr. ("Mr. Zehner"), filed a four-count complaint in this Court generally alleging negligent exclusion from school and violations of due process. Plaintiffs have moved for summary judgment on the constitutional claims. In opposition, Defendant, the Central Berkshire Regional School District (hereinafter "the school"), filed a cross-motion for summary judgment on all of Plaintiffs' claims. The matter has been referred to this Court for a report and recommendation pursuant to Rule 3 of the Rules for United States Magistrates in the United States District Court for the District of Massachusetts. 28 U.S.C.A. § 636(b)(1)(B). For the reasons stated below, the Court recommends that Defendant's motion for summary judgment be allowed and that Plaintiffs' motion for summary judgment be denied.

II. FACTUAL AND PROCEDURAL BACKGROUND

This case is best viewed by looking at the three discrete events underlying Plaintiffs' complaint: (i) William's loss of parking privileges in October of 1993; (ii) William's suspension from the soccer team and from school on or about November 1, 1993; and (iii) William's suspension from school on or about November 10, 1993.¹

A. LOSS OF PARKING PRIVILEGES

On October 15, 1993, William, a senior at Wahconah Regional High School, was leaving the school parking lot at the end of the day in his pickup truck. William's Affidavit at 1. He was traveling behind another vehicle driven by his friend and fellow student, James Torrey, and in front of the school buses. Id. Torrey's vehicle — which was travelling at an extremely slow speed — delayed the vehicles behind him, including William's truck and the school buses. Complaint at 2. The road upon which the vehicles were travelling is narrow and does not allow for passing. Id.

When William arrived at school the next day, Assistant Principal Richard P. Farley ("Farley") suspended William from using the school parking lot for "intentionally travelling at a low rate of speed to cause the school bus delay." Def.Ex. 1 at 3. In making this decision, Farley invoked the student handbook which states, in part:

Student cars can only leave from the extreme easterly end of the parking area while the buses are picking up students.... Student cars must not interfere once the buses begin leaving the parking lot.... Infractions of ... parking, traffic and Massachusetts motor vehicle rules will result in the loss of the privilege of bringing a car to school.

Id. (citing Def.Ex. 3 at 36). Although William claims that he was not given a hearing, Complaint at 2, he concedes that he "tried to explain to Farley that he had neither planned nor participated in the effort to slow the buses," but that Farley was unpersuaded, William's Aff. at 2. Farley did not immediately advise Mr. and Mrs. Zehner of William's loss of driving privileges because William told Farley that his parents were away for several days. Def.Ex. 1 at 3. Later that week, Farley notified the Zehners of the loss of William's driving privileges. Id.

There is a dispute as to the length of time William's parking privileges were suspended. According to William and his father, Farley stated that the suspension was "indefinite." See William's Aff. at 2; and Mr. Zehner's Aff. at 1. Farley claims that he told William that the suspension was for only one week. Def.Ex. 1 at 3.

B. FIRST SUSPENSION FROM SCHOOL AND SUSPENSION FROM SOCCER TEAM

On or about October 29, 1993, William attended a school dance with his girlfriend. William's Aff. at 2. What exactly occurred at the dance is best detailed in the school's L.R. 56.1 Statement of Material Facts as to Which There is no Genuine Issue to be Tried (Docket No. 24) and, except as specifically indicated below, is uncontested by Plaintiffs.²

According to the school, William appeared at the dance exhibiting impaired speech, a strong odor of alcohol and an unsteady gait. Def.L.R. 56.1 Statement at 2; Def.Ex. 1 at 4. William was observed in this condition in the presence of Farley, Thomas Potter ("Potter"), principal of the school, Patricia Johnson, a class advisor, Robert Aeschback, another class advisor, and Daniel McGinnis and Lynne Ford, local police officers. Def.L.R. 56.1 Statement at 2; Def.Ex. 1 at 4. Farley questioned William as to his appearance and behavior. Def.L.R. 56.1 Statement at 3; Def.Ex. 1 at 4-5. William replied with impaired speech that he had not used alcohol. Def.L.R.Statement at 3; Def.Ex. 1 at 4-5. Potter thereafter advised William that he was being charged with the use of alcohol and gave William the opportunity to respond, whereupon William again denied the use of alcohol. Def.L.R. 56.1 Statement at 3; Def. Ex. 1 at 5. Officer McGinnis then took William's car keys away from him. Def.L.R. 56.1 Statement at 3; Def.Ex. 1 at 5. No attempt was made that evening to contact William's parents. Complaint at 3.

Without specifically disputing the school's description of the events at the dance, William merely claims that he was not drunk. William's Aff. at 2. William also alleges, although the school disputes, that his request to take a breathalizer test was denied. Id. See also Def.Ex. 1 at 5. William concedes that his gait may have been "slightly off," but contends that this was not the result of alcohol use; rather, he asserts, this was due to his playing soccer, refereeing, working out and mowing lawns earlier in the day. William's Aff. at 2. William also concedes that he was told to report to the principal's office when school reconvened in order to discuss the matter. Complaint at 3.

William claims that when he arrived at school the following Monday morning, November 1, 1993, he was informed by his soccer coach that he was off the team for the rest of the season. William's Aff. at 2. William asserts that he then overheard a conversation between Farley and the mother of William's girlfriend concerning the allegation of intoxication at the dance, a conversation that prompted William to call his own mother and request that she come to the school. Id. At approximately 8:00 a.m., William and Mrs. Zehner met with Farley and Potter concerning the incident at the dance. Id. See also Def.L.R. 56.1 Statement at 3; Def.Ex. 1 at 6.

As with the events of the dance, the school's description of what happened during the Monday morning meeting is largely unrebutted by Plaintiffs. According to the school, William was informed that he had violated school rules by using alcohol while at the dance, was advised that his use of alcohol was in violation of the athletic code and was given an opportunity to reply to the charges. Def.L.R. 56.1 Statement at 3-4. See also Def.Ex. 1 at 6-8; and William's Aff. at 2. At some point, William, or at least his mother, was told that William was going to be suspended from school for three days and, pursuant to the athletic code, would be excluded from the soccer team for the rest of the season. Def.L.R. 56.1 Statement at 4; Def. Ex. 1 at 6-8. William's participation in the meeting ended when William, with his mother apparently still present, called Potter "a fucking prick" and left the office. Id. See also William's Aff. at 2. Mrs. Zehner was advised that she had the right to appeal the suspension to the superintendent. Def. 56.1 Statement at 4; Def.Ex. 1 at 6. At about 11:00 a.m., Farley returned a call to William's father. Mr. Zehner's Aff. at 2. During that conversation, Farley informed Mr. Zehner that William had been suspended from school and the soccer team. Id.

Mr. and Mrs. Zehner were subsequently provided with a written notice, dated November 1, 1993, of William's suspension from school, which began that day and continued through Wednesday, November 3, 1993. Def.L.R. 56.1 Statement at 4. The notice stated that "Bill was suspended from school for coming to a school dance while under the influence of an alcoholic beverage. Bill also left the building without permission at the conclusion of his suspension hearing." See Def.Ex. 2.³ Mr. Zehner did not receive the written notice until Thursday, November 4, 1993. Mr. Zehner's Aff. at 2.

C. SECOND SUSPENSION FROM SCHOOL

On November 10, 1993, a teacher found William in the school hallway, questioned him and concluded that he had skipped a study hall. Def.L.R. 56.1 Statement ...