ELLIOTT v. BOARD OF SCHOOL TRUSTEES OF MADISON CONSOLIDATED SCHOOLS
Filing
99
ENTRY ON MOTION FOR CERTIFICATION OF INTERCLOCUTORY APPEAL. This cause is before the Court on the Defendant's and the Intervenor-Defendant's motion for certification of interlocutory appeal (Dkt. No. 95). The motion is fully briefed and the Court, being duly advised, GRANTS the motion for the following reasons. SEE ORDER. Signed by Judge William T. Lawrence on 5/13/2015. (BGT)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JOSEPH R. ELLIOTT,
Plaintiff,
vs.
BOARD OF SCHOOL TRUSTEES OF
MADISON CONSOLIDATED SCHOOLS,
Defendant.
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) Cause No. 1:13-cv-319-WTL-DML
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ENTRY ON MOTION FOR CERTIFICATION OF INTERCLOCUTORY APPEAL
This cause is before the Court on the Defendant’s and the Intervenor-Defendant’s motion
for certification of interlocutory appeal (Dkt. No. 95). The motion is fully briefed and the Court,
being duly advised, GRANTS the motion for the following reasons.
This case involves the constitutionality of an Indiana statute, Indiana Code § 20-28-7.51(d) (“SB 1”). SB 1 was enacted in 2011 and provides the following: “After June 30, 2012, the
cancellation of teacher’s contracts due to a justifiable decrease in the number of teaching
positions [a RIF] shall be determined on the basis of performance rather than seniority.” Plaintiff
Joseph Elliott’s teaching contract was terminated in August 2012 pursuant to SB 1. He filed suit
in this Court alleging that as applied to him, SB 1’s RIF provision violated both the United States
and Indiana Constitutions.
On March 12, 2015, this Court granted, in part, Mr. Elliott’s motion for summary
judgment, ruling that “SB 1’s RIF provision is not necessary to accomplish the goal of improving
teacher quality—as there are already adequate measures to address the State’s concerns—and, as
applied to Mr. Elliott, it is unconstitutional.” Dkt. No. 90 at 21-22. The Defendants—the State of
Indiana and the Board of School Trustees of Madison Consolidated Schools—now move this
Court to certify its March 12, 2015, Order.
28 U.S.C. § 1292 “permits an appeal only if the district judge finds, ‘in writing,’ that the
‘order involves a controlling question of law as to which there is substantial ground for
difference of opinion and that an immediate appeal from the order may materially advance the
ultimate termination of the litigation.’” Metrou v. M.A. Mortenson Co., 781 F.3d 357, 359 (7th
Cir. 2015); see also Ahrenholz v. Bd. of Trustees of Univ. of Illinois, 219 F.3d 674, 675 (7th Cir.
2000) (“There are four statutory criteria for the grant of a section 1292(b) petition to guide the
district court: there must be a question of law, it must be controlling, it must be contestable, and
its resolution must promise to speed up the litigation. There is also a nonstatutory requirement:
the petition must be filed in the district court within a reasonable time after the order sought to
be appealed.”). The Defendants argue that all of the criteria are satisfied in this matter;
ultimately, the Court agrees.
To begin, the matter clearly involves a controlling question of law. As the Defendants
note, the Court’s Order on summary judgment squarely addresses “[t]he contours of the Contract
Clause[.]” Def.’s Mtn. at 4; see also Ahrenholz, 219 F.3d at 677 (noting that a “question of law
means an abstract legal issue”). Moreover, despite the Plaintiff’s argument to the contrary, the
Court also agrees with the Defendants that the Order is contestable. The Court certainly believes
there is room for reasonable minds to differ. Finally, there is no doubt that the Defendants’
motion is timely; it was filed less than a month after the Court’s Order on summary judgment.
This leaves the question of whether granting the Defendants’ motion will speed up or
materially advance the litigation, the main point of contention between the parties. The Plaintiff
correctly notes that “[a]ll that remains of this case is the limited issue of the proper remedy for
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the Defendants’ violation of the Plaintiff’s rights under the Contracts Clause.” Pl.’s Resp. at 3.
As noted in the Order, the Plaintiff requests monetary damages and reinstatement; he notes that
“[t]here is nothing complicated—either factually or legally—about the remedy” that he seeks. Id.
The Defendants strongly disagree. To begin, they do not agree that the Plaintiff is entitled to
reinstatement, nor do they believe that reinstatement would be “a wise course of action[.]” Def.’s
Reply at 2. Moreover, they note that discovery is needed to determine the amount of damages, if
any, that the Plaintiff may be entitled to. All this is to say that resolving the remedy in this
matter is likely to be a somewhat lengthy process, and may indeed require a trial if the parties
cannot agree (which seems likely given their positions in their briefs).
In all, the Court finds that the speedy resolution of the constitutional question at issue in
the Court’s Order will either “end the litigation or [] settle the chief claim.” Def.’s Br. at 6. The
Court believes the best, and most practical, course of action in this matter would be to certify the
summary judgment Order for an interlocutory appeal so it can be resolved as quickly as
possible. 1
Accordingly, the Court GRANTS the Defendant’s motion (Dkt. No. 95).
SO ORDERED: 5/13/15
_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana
Copies to all counsel of record via electronic notification
1
While not directly relevant to the Plaintiff’s case, the Court also notes that there are
several pending state court cases in which plaintiffs bring similar claims against other Indiana
school corporations. As the Defendants note, speedy resolution of the constitutional question in
this case will provide clarity to all Indiana school corporations and likely resolve the pending
cases as well.
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