Robinson v. Calcasieu Parish School Board et al

Filing 79

MEMORANDUM ORDER denying 52 Motion in Limine for Counsel to be Entitled to Verbal Voir Dire. Signed by Judge James D Cain, Jr on 7/15/2022. (crt,Reeves, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
DINAH ROBINSON

CASE NO. 2:17-CV-01568

VERSUS

JUDGE JAMES D. CAIN, JR.

SCHOOL BOARD OF CALCASIEU
PARISH ET AL

MAGISTRATE JUDGE KAY

MEMORANDUM ORDER
Before the Court is a “Motion for Counsel to be Entitled to Verbal Voir Dire for at
least 45 Minutes Per Attorney” [Doc. 52] filed by Plaintiff Dr. Dinah Robinson. The
Defendant has not filed an opposition to this motion; thus, the Court considers the motion
unopposed. However, the Court will address the issues raised in the motion.
INTRODUCTION
Plaintiff, Dr. Dinah Robinson, is a 60-year-old, African American female
professional teacher, and administrator. Dr. Robinson’s educational background includes
a PhD from University of New Orleans educational administration, a Masters plus 30
Graduate hours certificate from McNeese University, and a Masters in Education
Technology degree from McNeese University. Doc. 48-7.
On or about October 16, 2015, the position of Assistant Superintendent of Calcasieu
Parish School Board became available, and interviews were conducted. Doc. 48-11
Calcasieu Parish School System Announcing Vacant Position. The posted position of

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Assistant Superintendent (Chief Operating Officer) Personnel/Auxiliary Services of
Calcasieu Parish School Board required the following qualifications:
Position Qualifications: Applicant must have as a minimum the Educational
Leader Level 2 Certificate or Bulletin 746 equivalent. A minimum of five
years successful educational administrative experience required. Must have
excellent communication skills including both written and oral presentation
abilities. Applicant must also have the ability to interact with the public and
employees in a positive and professional manner. Knowledge of school
personnel and support systems as well as operations of the Calcasieu Parish
School Board a plus.
Dr. Robinson applied for this position and was not selected. Shannon LaFarge, a fifty-yearold Caucasian male, was selected and offered the Assistant Superintendent position.
On or about February 9, 2018, Dr. Robinson applied for a position in Calcasieu
Parish School Board Office titled “R3 Zone Director of Curriculum and Instruction.” Doc.
48-1. Dr. Robinson was also denied this position and given low scores by those who
interviewed her, including Dr. Jill Portie, the Administrative Director of Elementary
Schools. Id; Doc. 48-28.
Dr. Robinson received a Right to Sue letter from the U.S. Equal Employment
Opportunity Commission (“EEOC”) based on retaliation. Doc. 48-18. In her complaint of
discrimination, Dr. Robinson states that she was subjected to unannounced visits and
evaluations by her supervisor, was harassed, and received “harsh remarks and substandard
ratings.” Id.
In May 2018, Dr. Robinson submitted a letter of resignation and desire to retire. Dr.
Robinson later attempted to rescind her resignation/retirement and the School Board did

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not allow her to withdraw her resignation/retirement as it had already been accepted when
the School Board first heard of her efforts.
Dr. Robinson filed suit alleging discrimination in the workplace and retaliation
stemming from adverse employment action taken against Dr. Robinson after her filing
charges of discrimination with the Equal Employment Opportunity Commission.
LAW AND ANALYSIS
Voir dire gives the Court and the parties the opportunity to discover conscious or
subconscious preconceptions, biases, or other facts. Plaintiff argues that voir dire is the
only time the Court and attorneys can speak directly to prospective jurors. Plaintiff
maintains that limiting the amount of time or not permitting attorneys to question at all
erodes the ability counsel to intelligently exercise the right to challenge or strike. PressEnter. Co. v. Superior Court of California, Riverside Country, 464 U.S. 501, 522 n. 2
(1984) (J. Marshall, concurring op.).
The Court agrees that counsel should have the ability to question potential jurors,
but finds that this Court’s standing orders, of twenty (20) minutes allotted to each side,
provide each counsel adequate time for sufficient questioning. As such, this Court will
adhere to the current standing orders that counsel will be allowed twenty (20) minutes per
side to conduct his or her own personal voir dire. This amount of time will provide counsel
with the necessary time to discover information important to intelligently exercise each
counsel’s strikes and to make appropriate challenges for cause.
Accordingly,

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IT IS ORDERED that Dr. Robinson’s “Motion for Counsel to be Entitled to Verbal
Voir Dire for at least 45 Minutes Per Attorney” [Doc. 52] is hereby DENIED.
THUS DONE AND SIGNED in Chambers this 15th day of July, 2022.

__________________________________________
JAMES D. CAIN, JR.
UNITED STATES DISTRICT JUDGE

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