Robinson v. Calcasieu Parish School Board et al

Filing 81

MEMORANDUM ORDER denying 59 Motion in Limine. Signed by Judge James D Cain, Jr on 7/19/2022. (crt,Crick, S)

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 “Plaintiff’s Motion in Limine to Admit Demonstrative Aids and
Certain Evidence” [Doc. 59]. Defendants oppose this motion [Doc. 71]. Plaintiff has not
filed a reply to Defendants’ opposition and the time for doing so has now lapsed. As such,
this matter is fully briefed and ready for ruling.
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
Evidence is generally admissible so long as it is relevant and not barred by the
Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by
the Supreme Court. Fed. R. Evid. 402. Among other grounds, the court may exclude
relevant evidence where its probative value is substantially outweighed by a danger of
unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or
needlessly presenting cumulative evidence. Id. at 403.
“Motions in limine are frequently made in the abstract and in anticipation of some
hypothetical circumstance that may not develop at trial.” Looney Ricks Kiss Architects, Inc.
v. Bryan, 2010 WL 5174440, at *1 (W.D. La. Dec. 15, 2010) (quoting Collins v. Wayne
Corp., 621 F.2d 777, 784 (5th Cir. 1980)). Evidentiary rulings, however, “should often be
deferred until trial so that questions of foundation, relevancy and potential prejudice can
be resolved in proper context.” Id.; accord Baxter v. Anderson, 277 F.Supp.3d 860, 863
(M.D. La. 2017). Additionally, motion in limine rulings “are not binding on the trial judge
. . . and the judge may always change his mind during the course of a trial.” Ohler v. United
States, 529 U.S. 753, 764 n. 3 (2000).
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Plaintiff Dr. Robinson requests that this Court issue an order stating that certain
evidence is admissible in this matter and can be presented to the jury at trial. The evidence
that plaintiff is seeking to admit is detailed below:
1. A timeline of the events regarding Dr. Robinson applying for retirement
and Calcasieu Parish School Board refusing to allow Dr. Robinson to
rescind her retirement to be used as a demonstrative aid;
2. Calcasieu Parish School Board Policy for Promotions;
3. Dr. Shannon LaFarge’s Resume, Certificates, and Applications;
4. Dr. Dinah Robinson’s Resume/CV, Certificates, Awards, and
Applications;
5. A Letter from State of Louisiana Department of Education stating Dr.
Shannon LaFarge’s qualifications;
6. Correspondence Regarding Dr. Robinson’s Retirement and Recission of
Retirement;
7. Dr. Robinson’s recommendation letter signed by faculty and staff at John
F. Kennedy Elementary School;
8. Affidavits of Witnesses;
9. Announcement of Assistant Superintendent Position; and
10. Karl Bruchhaus Memorandum Changes in Organization Chart for March
8, 2016.
Doc. 59-1. Memorandum in Support of Plaintiff’s Motion in Limine to Admit
Demonstrative Aids and Certain Evidence. Plaintiff Dr. Robinson maintains that this
evidence is not prejudicial to Defendants as it is largely comprised of their own documents,
and it is critical to Plaintiff’s allegations.
Defendant School Board opposes the admission of this evidence at this time and
argues that Plaintiff must first lay a proper foundation for admitting the evidence. The
Court agrees and finds that the admission of this evidence is premature. Accordingly, the
admission of this evidence will be deferred until trial so that questions of foundation,
relevancy and potential prejudice can be resolved in proper context.
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CONCLUSION
IT IS ORDERED that Dr. Robinson’s “Plaintiff’s Motion in Limine to Admit
Demonstrative Aids and Certain Evidence” [Doc. 59] is hereby DENIED.
THUS DONE AND SIGNED in Chambers this 19th day of July, 2022.

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

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