Anderson v. Milbank School District 25-4

2000 DSD 49, 197 F.R.D. 682, 2000 U.S. Dist. LEXIS 19418, 2000 WL 1786295
CourtDistrict Court, D. South Dakota
DecidedDecember 4, 2000
DocketNo. CIV. 00-1008
StatusPublished

This text of 2000 DSD 49 (Anderson v. Milbank School District 25-4) is published on Counsel Stack Legal Research, covering District Court, D. South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Milbank School District 25-4, 2000 DSD 49, 197 F.R.D. 682, 2000 U.S. Dist. LEXIS 19418, 2000 WL 1786295 (D.S.D. 2000).

Opinion

ORDER

KORNMANN, District Judge.

[111.] This case, in general, is about a school rule prohibiting the use of any profane or inappropriate language on school property and the question of its constitutionality under the United States Constitution.

[H 2.] The defendant school district (“Mil-bank”) filed a motion for a summary judgment (Doc. 9) with a supporting brief, an affidavit from Milbank’s high school principal, and the statement of material facts as required under D.S.D. LR § 56.1(B). All these documents were served on plaintiffs attorney on September 29, 2000, and were filed on October 2, 2000. Pursuant to D.S.D. LR § 7.2(A), the plaintiff had until October 23 to file a brief and a statement of material facts pursuant to D.S.D. LR § 56.1(C). Plaintiff filed nothing, even to the present day. As a result, all portions of the “statement of material facts” filed by Milbank are deemed to be admitted. See D.S.D. LR § 56.1(D). All these matters were brought to the attention of counsel by a memorandum issued by this Court on November 2, 2000. Counsel were advised that the telephonic pretrial conference scheduled for November 6 would be cancelled and that the Court would “under the present state of the record” issue a ruling based upon the motion filed. Counsel have not responded, sought to be relieved of default (in the case of the plaintiff), or sought to supplement the record.

[U 3.] The summary judgment standard is well known and has been set forth by this Court in numerous opinions. See Hanson v. North Star Mutual Insurance Co., 1999 D.S.D. 34 ¶ 8, 71 F.Supp.2d 1007, 1009-1010 (D.S.D.1999), Gardner v. Tripp County, 1998 D.S.D. 38 118, 66 F.Supp.2d 1094, 1098 (D.S.D.1998), Patterson Farm, Inc. v. City of Britton, 1998 D.S.D. 34 ¶ 7, 22 F.Supp.2d 1085, 1088-89 (D.S.D.1998), and Smith v. Horton Industries, 1998 D.S.D. 26 ¶ 2, 17 F.Supp.2d 1094, 1095 (D.S.D.1998). Summary Judgment is proper where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Donaho v. FMC Corp., 74 F.3d 894, 898 (8th Cir. 1996). The material facts are not in dispute. Only legal issues are present before the Court.

[114.] Milbank sets forth most school policies or rules in student handbooks distributed at the start of each school year. One of the rules prohibited profane or inappropriate language on school property. One prohibited being present where alcohol was being served. One mandated a reduction in a student’s grade if the student has an unexcused absence, subject to an opportunity to recover the grade reduction. Plaintiffs ward (hereinafter “student”) received and read the handbook and knew about the policies and rules. The student also knew that the consequences of violating the rule against profane or inappropriate language would be a suspension (in-school) which would result in unexcused absences which would in turn result in a two-percent reduction in grade for each class missed. The rule as to profanity or inappropriate language on sehool property is not ambiguous, at least in the context of the present case. Neither the student nor her parents have been directly impacted by the off-limits training rule; the student has never been accused of violating such rule.

[H 5.] The student’s mother works as a cook for Milbank. In May of 1998, the mother left a note in the principal’s office, telling the [685]*685student to ride the bus home. The message was not received until buses had already left. Upon reading the note in the principal’s office, the student said “shit.” The principal’s secretary heard what the student said and told the student the matter would be reported to the principal. It was and the principal met the next day with the student and her parents to explain the accusation and, if true, the penalties that would be imposed. No objections were raised to the accusation or the planned penalties. The student signed an acknowledgment of the nature of the violation and the punishment she faced. The student received a two and one-half day in-school suspension and a two percent reduction in her nine weeks grade for each class missed. This was exactly the punishment that had been explained in the rule and to the student and her mother in the meeting with the principal. These grade reductions turned out to mean nothing since they did not ultimately impact any semester grades that the student received. Semester grades are all that matter in Milbank.

[H 6.] The student or her parents could have appealed the decision of the principal to the Milbank superintendent and could have requested a hearing before the superintendent or the school board. See SDCL 13-32-4.2. They did nothing to challenge the action of the principal other than bring the present action in federal court. The principal acted within the authority granted by SDCL 13-32-4.2 and under the authority of the Mil-bank school board. The statutory requirements as to the suspension were met. Due process requirements were met. The student could have not only appealed to the Milbank board but to the state circuit court from any adverse decision by the Milbank board and then to the South Dakota Supreme Court from any adverse decision by the circuit court. See SDCL 13-46-1, SDCL 13-46-6.8, and SDCL 13-46-7.

[H 7.] The first question to be addressed is the matter of “standing.” Standing is a threshold matter that, if absent, prevents this Court from exercising jurisdiction. Arkansas Right to Life State Political Action Comm. v. Butler, 146 F.3d 558, 560 (8th Cir.1998). See Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 118 S.Ct. 1003, 1012-13, 140 L.Ed.2d 210 (1998) (holding that federal courts may not consider other issues before resolving standing, an Article III jurisdictional matter). The Constitution requires a party to satisfy three elements before such party has standing to bring suit in federal court and these three elements are injury in fact, causation, and redressability. Id. at 1016-17. The party invoking federal jurisdiction has the burden of establishing these three elements. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). The question of standing has nothing to do with the merits of the ease in the abstract. Warth v. Seldin, 422 U.S. 490, 500, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975), tells us that “standing in no way depends on the merits of the plaintiffs contention that particular conduct is illegal.”

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Cite This Page — Counsel Stack

Bluebook (online)
2000 DSD 49, 197 F.R.D. 682, 2000 U.S. Dist. LEXIS 19418, 2000 WL 1786295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-milbank-school-district-25-4-sdd-2000.