King v. Lawrence County Board of Education et al
Filing
32
ORDER denying Defendant David Davis' 24 Motion to Dismiss. The parties are directed to contact the chambers of Magistrate Judge Michael T. Parker within seven days of the entry of this opinion to schedule a case management conference. Signed by District Judge Keith Starrett on January 28, 2013 (dsl)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
HATTIESBURG DIVISION
DR. LENARD KING
PLAINTIFF
V.
CIVIL ACTION NO. 2:12-CV-68-KS-MTP
LAWRENCE COUNTY BOARD
OF EDUCATION, et al.
DEFENDANTS
MEMORANDUM OPINION AND ORDER
For the reasons stated below, the Court denies the Motion to Dismiss [24] filed
by Defendant David Davis.
I. BACKGROUND
In 2008, Plaintiff, an African-American man, became principal of Rod Paige
Middle School in Lawrence County, Mississippi. In January 2011 Defendant David
Davis, superintendent of the Lawrence County School District, assigned a white
Special Education Director to supervise Plaintiff. Specifically, Davis required Plaintiff’s
decisions regarding the use of student activity funds to be approved by the white
administrator. According to Plaintiff, the other principals in the district – all white –
were not treated similarly.
In response to what he perceived as racially discriminatory treatment, Plaintiff
retained counsel. On February 10, 2011, Plaintiff’s counsel submitted a letter to
Defendant Davis and the Lawrence County Board of Education. In the letter, Plaintiff
accused the Board and Davis of racial discrimination, and he demanded a public
hearing to address the issue. Two weeks after Defendant Davis received the letter, he
notified Plaintiff that his contract would not be renewed after termination of the 2010-
2011 school year. Plaintiff claims that similarly situated white personnel who have
committed similar or worse actions were either retained or given the option to resign.
In his Second Amended Complaint, Plaintiff alleged that Defendant Davis is
individually liable for racial discrimination in violation of the Fourteenth Amendment’s
Equal Protection Clause and 42 U.S.C. § 1981. Davis filed a Motion to Dismiss [24],
which the Court now addresses.
II. DISCUSSION
“Motions to dismiss under Rule 12(b)(6) are viewed with disfavor and are rarely
granted.” Lormand v. US Unwired, Inc., 565 F.3d 228, 232 (5th Cir. 2009) (punctuation
omitted). “To survive a Rule 12(b)(6) motion to dismiss, [a plaintiff’s complaint] need
only include a short and plain statement of the claim showing that the pleader is
entitled to relief.” Hershey v. Energy Transfer Partners., L.P., 610 F.3d 239, 245 (5th
Cir. 2010) (punctuation omitted). However, the “complaint must contain sufficient
factual matter, accepted as true, to state a claim to relief that is plausible on its face.”
Great Lakes Dredge & Dock Co. LLC v. La. State, 624 F.3d 201, 210 (5th Cir. 2010)
(punctuation omitted).
“To be plausible, the complaint’s factual allegations must be enough to raise a
right to relief above the speculative level.” Id. (punctuation omitted). “The complaint
need not contain detailed factual allegations, but must state more than mere labels and
conclusions, and a formulaic recitation of the elements of a cause of action will not do.”
PSKS, Inc. v. Leegin Creative Leather Prods., Inc., 615 F.3d 412, 417 (5th Cir. 2010)
(punctuation omitted). When determining whether a plaintiff has stated a valid claim
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for relief, the Court must “accept all well-pleaded facts as true and construe the
complaint in the light most favorable to the plaintiff.” Great Lakes Dredge & Dock Co.
LLC, 624 F.3d at 210. However, the Court will not accept as true “conclusory
allegations, unwarranted factual inferences, or legal conclusions.” Id. Legal conclusions
may provide “the complaint’s framework, [but] they must be supported by factual
allegations.” Ashcroft v. Iqbal, 556 U.S. 662, 664, 129 S. Ct. 1937, 1940, 173 L. Ed. 2d
868 (2009). A plaintiff must provide more than “threadbare recitals of a cause of
action’s elements, supported by mere conclusory statements, which do not permit the
court to infer more than the mere possibility of misconduct.” Hershey, 610 F.3d at 246
(punctuation omitted).
In addition to the normal pleading requirements cited above, heightened
requirements apply to Section 1983 claims against governmental officials in their
individual capacities. “[P]laintiffs suing governmental officials in their individual
capacities must allege specific conduct giving rise to a constitutional violation.”
Anderson v. Pasadena Ind. Sch. Dist., 184 F.3d 439, 443 (5th Cir. 1999); see also Oliver
v. Scott, 276 F.3d 736, 741 (5th Cir. 2002). The individual defendant’s “actions must be
pleaded with factual detail and particularity, not mere conclusionary allegations.”
Anderson, 184 F.3d at 443.1
1
Plaintiff argues that no heightened pleading requirement applies to suits
against public officials charged with racial discrimination. Although the “Supreme
Court abrogated the Fifth Circuit heightened pleading requirement for actions
against municipalities,” it did not “consider whether qualified immunity
jurisprudence would require heightened pleading in cases against individual
government officials.” Id. Therefore, the Fifth Circuit declined to abandon its
3
A.
42 U.S.C. § 1981
1.
Sufficiency of the Second Amended Complaint
First, Defendant Davis argues that Plaintiff failed to allege sufficient facts to
state a claim under Section 1983 for the violation of rights secured by Section 1981.
The analysis of intentional discrimination claims “is essentially the same for individual
actions brought under sections 1981 and 1983, and Title VII.” Lauderdale v. Tex. Dep’t
of Crim. Justice, 512 F.3d 157, 166 (5th Cir. 2007). Plaintiff must allege (1) that he was
a member of a protected class, (2) that he was qualified for the position at issue, (3)
that Defendant subjected him to an adverse employment action, and (4) that similarly
situated individuals outside the protected class were more favorably treated. Okoye v.
Univ. of Tex. Houston Health Sci. Ctr., 245 F.3d 507, 512-13 (5th Cir. 2001); see also
Southard v. Texas Bd. of Crim. Justice, 114 F.3d 539, 554 (5th Cir. 1997).
Plaintiff alleged that he is an African-American man – a member of a protected
class. Plaintiff also alleged that he holds a Ph.D. in education. The Court finds that is
sufficient to indicate his qualification for the position of principal of Rod Paige Middle
School. Plaintiff also alleged that Defendant Davis elected not to renew his contract,2
heightened pleading requirement in Section 1983 cases against public officials in
their individual capacity. Id.
2
Plaintiff also alleged that Davis placed a white supervisor over him,
requiring his decisions – including the discretionary use of student activity funds –
to be cleared before implementation. Neither party addressed in briefing whether
this constitutes an adverse employment action under Section 1983, and, as a result,
the Court will not do so here. It is clear, though, that an “ultimate employment
decision,” such as failing to renew one’s contract, qualifies as an adverse
employment action under both Section 1983 and Title VII. McCullough v. Houston
4
an adverse employment action that can give rise to a claim for discrimination under
Section 1983. Southard, 114 F.3d at 555. Finally, Plaintiff alleged that similarly
situated white employees – including white principals whose schools were on academic
watch, and a white principal who obtained and spent over $25,000.00 without
authorization – had their contracts renewed and were not reprimanded. Accordingly,
the Court finds that Plaintiff alleged sufficient facts to make out a claim for intentional
racial discrimination under Section 1983.
Defendant Davis argues, though, that Plaintiff failed to plead enough specific
facts to support his claim. First, Davis contends that Plaintiff must allege the specific
responsibilities of the white supervisor placed over him, as well as a specific incident
where the supervisor subverted Plaintiff’s authority. The Court disagrees. Plaintiff
alleged the following specific facts: that Davis placed a white supervisor, a special
education director named Rester, over him; and that, among other things, Davis
required Plaintiff’s decisions regarding the use of student activity funds be cleared by
Rester. 3
Cnty., Tex., 297 F. App’x 282, 287 (5th Cir. 2008). Although Plaintiff’s Second
Amended Complaint is less clear than it could be, it can be fairly read as asserting
the non-renewal as an element of both Plaintiff’s discrimination and retaliation
claims.
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The Court also rejects Defendant’s contention that Plaintiff provided
insufficient facts concerning Defendant’s “actions leading up to and including the
nonrenewal decision.” Plaintiff referred to specific actions in the Second Amended
Complaint – the placement of a white supervisor over him, the removal of his
discretion over student activity funds, the failure to renew his contract, and the
failure to offer him a chance to resign. While Plaintiff could have provided more
detail, these are not mere conclusions of law. They are specific factual allegations.
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Next, Defendant Davis argues that Exhibit B to Plaintiff’s Second Amended
Complaint – a letter which Plaintiff claims to have sent to Davis and each member of
the School Board – is insufficient to prove that Plaintiff actually mailed the document
in question, that Defendant received it, or that it caused the adverse employment
actions at issue in this case. This is a frivolous argument insofar as Plaintiff is not
required to prove anything at this stage of litigation. Furthermore, the letter is only
relevant to Plaintiff’s retaliation claim, and Plaintiff did not assert a retaliation claim
against Davis individually.
Defendant also argues that Plaintiff was required to provide the names of the
similarly situated white principals and more facts about how they were treated better
than Plaintiff was. Plaintiff alleged that Defendant Davis claimed the non-renewal was
because his school was on academic watch, but white principals in the district whose
schools were also on academic watch did not lose their jobs. Plaintiff also alleged that
Davis claimed the non-renewal was because of his activity fund expenditures, even
though a white principal obtained and spent over $25,000.00 of student activity funds
without reprisal. In the Court’s opinion, these are sufficient factual allegations to
satisfy the fourth element of a discrimination claim. Defendant has not cited any Fifth
Circuit opinion requiring a plaintiff to plead the specific names of the similarly
situated personnel outside the protected class.
In summary, Plaintiff certainly could have alleged more facts and more clearly
delineated his causes of action. Indeed, the Fifth Circuit has warned of the “care that
must be taken [by a state employee] in framing and pursuing” a discrimination cause
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of action under Title VII, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. Felton v. Polles, 315
F.3d 470, 474 (5th Cir. 2002), abrogated on other grounds by Burlington N. & Santa Fe
Ry. Co. v. White, 548 U.S. 53, 67, 126 S. Ct. 2405, 165 L. Ed. 2d 345 (2006). The
interplay among these statutes, the complications introduced by a qualified immunity
defense, the differences between official and individual capacity claims, and the
frequently circuitous factual background of discrimination claims all contribute to the
need for precision and care in drafting. Plaintiff’s Second Amended Complaint – while
not a model of precise pleading – contains more than mere legal jargon and conclusory
allegations. Plaintiff asserted just enough specific facts to state a discrimination claim
and provide Defendant with sufficient notice to assert a defense and participate in
discovery.
2.
Section 1981 and Individual Liability for Discrimination
Defendant also argues that 42 U.S.C. § 1981 imposes no liability on public
officials in their individual capacity. Indeed, in Oden v. Oktibbeha County, 246 F.3d
458, 464 (5th Cir. 2001), the Fifth Circuit held that “when a plaintiff asserts a cause
of action under 1981 for discrimination in the terms and conditions of a municipal
employment contract, the proper defendant is the government employer in his official
capacity.” Id. However, Section 1983 provides a cause of action for the violation of the
substantive rights granted by Section 1981. Felton, 315 F.3d at 479. Indeed, it provides
the exclusive remedy for violations of Section 1981 by an individual acting under color
of state law. Id. at 482. Therefore, Felton clarified Oden’s holding: while Section 1981
does not provide an independent cause of action against individuals acting under color
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of state law, such individuals may be personally liable under Section 1983 for the
violation of rights secured by Section 1981. Id.; see also King v. Bd. of Trs., No. 3:11CV-403-CWR-FKB, 2012 U.S. Dist. LEXIS 95657, at *9 (S.D. Miss. July 11, 2012);
Bingham v. City of West Point, No. 1:10-CV-123-GHD-DAS, 2012 U.S. Dist. LEXIS
16701, at *17-*18 (N.D. Miss. Feb. 10, 2012); Davis v. Louisville Mun. Sch. Dist., No.
1:08-CV-249-SA-JAD, 2010 U.S. Dist. LEXIS 3921, at *31-*32 (N.D. Miss. Jan. 15,
2010).
Plaintiff cited Section 1983 multiple times in his Second Amended Complaint.
Although he did not explicitly state that his discrimination claim against Defendant
Davis in his individual capacity were pursuant to Section 1983 for the violation of
rights secured by Section 1981, the Court believes that the pleading – when liberally
construed – indicates that he intended to assert such claims. This issue is a prime
example of why such care must be taken in pleading discrimination claims pursuant
to Sections 1981 and 1983, as noted above. See Felton, 315 F.3d at 474.
3.
Qualified Immunity
Defendant Davis also argues that Plaintiff alleged insufficient facts to defeat a
qualified immunity defense. “The doctrine of qualified immunity protects government
officials from liability for civil damages insofar as their conduct does not violate clearly
established statutory or constitutional rights of which a reasonable person would have
known.” Club Retro LLC v. Hilton, 568 F.3d 181, 194 (5th Cir. 2009). “When a
defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate
the inapplicability of the defense.” McClendon v. City of Columbia, 305 F.3d 314, 323
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(5th Cir. 2002). First, the Court determines whether a clearly established
constitutional right “would have been violated on the facts alleged.” Id. at 322-23.
Then, the Court examines “the defendant’s conduct as alleged in the complaint . . . for
objective legal reasonableness.” Id. at 323.
As discussed above, Plaintiff asserted sufficient facts to state a claim for
intentional racial discrimination. Plaintiff has a clearly established constitutional and
statutory right to be free from racial discrimination in employment. See Southard, 114
F.3d at 550; Piatt v. City of Austin, 378 F. App’x 466, 469 (5th Cir. 2010). When a
plaintiff’s allegations are sufficient to state a claim for intentional discrimination, an
immunity defense will generally be foreclosed at the pre-discovery stage, as intentional
racial discrimination is never objectively reasonable. See Piatt, 378 F. App’x at 469; see
also Blackwell v. Laque, 275 F. App’x 363, 367-68 (5th Cir. 2008) (where plaintiff
established a prima facie case of racial discrimination and the Court was required to
view the facts in the light most favorable to plaintiff, employer’s actions were not
objectively reasonable under clearly established law); Upchurch v. City of Moss Point,
No. 1:10-CV-228-LG-RHW, 2011 U.S. Dist. LEXIS 124116, at *21-*22 (S.D. Miss. Oct.
26, 2011); Patton v. Hinds Cnty. Juvenile Det. Ctr., No. 3:10-CV-138-CWR-LRA, 2011
U.S. Dist. LEXIS 77955, at *36 (S.D. Miss. July 18, 2011). Therefore, the Court finds
that Plaintiff has asserted sufficient facts to state a claim for the violation of a clearly
established constitutional and statutory right. The Court further finds that Plaintiff’s
allegations – if true – are sufficient to indicate that Defendant’s actions were not
objectively reasonable. To be clear, the Court does not foreclose the application of
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qualified immunity at a later date.
The Court further notes that the Fifth Circuit has established a procedural
method for addressing qualified immunity defenses at the pre-discovery stage: a
Schultea reply. See Schultea v. Wood, 47 F.3d 1427, 1430-34 (5th Cir. 1995). The Court
explained:
First, the district court must insist that a plaintiff suing a public official
under § 1983 file a short and plain statement of his complaint, a
statement that rests on more than conclusions alone. Second, the court
may, in its discretion, insist that a plaintiff file a reply tailored to an
answer pleading the defense of qualified immunity. Vindicating the
immunity doctrine will ordinarily require such a reply, and a district
court’s discretion not to do so is narrow indeed when greater detail might
assist. The district court may ban discovery at this threshold pleading
stage and may limit any necessary discovery to the defense of qualified
immunity. The district court need not allow any discovery unless it finds
that plaintiff has supported his claim with sufficient precision and factual
specificity to raise a genuine issue as to the illegality of defendant’s
conduct at the time of the alleged acts. Even if such limited discovery is
allowed, at its end, the court can again determine whether the case can
proceed and consider any motions for summary judgment under Rule 56.
Id. at 1433-34.
In the Court’s opinion, a Schultea reply would serve no purpose here. As already
discussed in length, Plaintiff met the pleading threshold for a racial discrimination
claim. Plaintiff has a clearly established right to be free from racial discrimination, and
racial discrimination can not be objectively reasonable. Piatt, 378 F. App’x at 469;
Blackwell, 275 F. App’x at 367-68. That being the case, there is nothing further
Plaintiff need allege in reply. Immunity-related discovery would likewise be pointless,
as it would likely encompass the full range of issues that would be subject to normal
discovery. The Court concludes that a normal litigation track would be the best, most
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efficient way to proceed. The parties can address the immunity-related issues – which
are essentially parallel to the merits of the case – in the normal course of discovery,
and Defendant Davis is free to file a motion for summary judgment at a later date.
For all of the reasons stated above, the Court denies Defendant Davis’s motion
to dismiss Plaintiff’s Section 1983 claim for the violation of rights secured by Section
1981.
B.
Equal Protection
The analysis of an intentional discrimination claim under Section 1983 for
violation of the Fourteenth Amendment’s Equal Protection Clause is the same analysis
utilized above in the Court’s discussion of Plaintiff’s Section 1983 claim for violation
of Section 1981. Lauderdale, 512 F.3d at 166; Okoye, 245 F.3d at 512-13. Therefore,
applying the same reasoning, the Court rejects Defendant Davis’s arguments that
Plaintiff alleged insufficient facts to make out an Equal Protection claim, and that he
would enjoy qualified immunity from such a claim.
Defendant Davis additionally argues that Plaintiff asserted a “class-of-one”
equal protection theory that is inapplicable in the context of public employment, citing
Engquist v. Or. Dep’t of Agric., 553 U.S. 591, 128 S. Ct. 2146, 170 L. Ed. 2d 975 (2008).
Engquist indeed provides that “the class-of-one theory of equal protection does not
apply in the public employment context.” Id. at 598. However, Plaintiff did not assert
a “class-of-one” equal protection theory. Plaintiff claims to be a member of a protected
class, and he claims that Defendant Davis discriminated against him because of his
class membership. See Willowbrook v. Olech, 528 U.S. 562, 564, 120 S. Ct. 1073, 145
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L. Ed. 2d 1060 (2000); Nance v. New Orleans & Baton Rouge S.S. Pilots’ Ass’n, 174 F.
App’x 849, 854 (5th Cir. 2006); Carpenter v. Miss. Valley State Univ., 807 F. Supp. 2d
570, 598 (N.D. Miss. 2011); Sloan v. Shannon, 2009 U.S. Dist. LEXIS 36767, at *26
(N.D. Miss. Apr. 29, 2009) (Engquist did not foreclose plaintiff from asserting equal
protection claim based on alleged racial discrimination). Therefore, Defendant’s “classof-one” argument is inapplicable here.
For all the reasons stated above, the Court denies Defendant Davis’s motion to
dismiss Plaintiff’s Section 1983 claim for the alleged violation of rights secured by the
Fourteenth Amendment’s Equal Protection Clause.
C.
Retaliation
Finally, Defendant Davis addressed Plaintiff’s retaliation claim, but Plaintiff did
not assert a retaliation claim against Davis individually. The retaliation claim was only
asserted as to the Lawrence County School District.
III. CONCLUSION
For the reasons stated above, the Court denies the Motion to Dismiss [24] filed
by Defendant David Davis. The parties shall contact the chambers of Magistrate Judge
Michael T. Parker within seven days of the entry of this opinion to schedule a case
management conference.
SO ORDERED AND ADJUDGED this, the 28th day of January, 2013.
s/Keith Starrett
UNITED STATES DISTRICT JUDGE
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