Bobby Strickland v. Columbia County Board of Education

494 F. App'x 998
Court of Appeals for the Eleventh Circuit·Decided November 6, 2012·No. 12-12231·Unpublished

Opinion

PER CURIAM:

Bobby Strickland appeals a district court order granting summary judgment in favor of his former employer on his claims that the employer violated his right to procedural due process and his rights under his employer’s agreement with his union. After thorough review, we affirm.

I.

In 1995, the Columbia County Board of Education (the Board) hired Strickland as a school bus driver. The Board categorized all bus drivers such as Strickland as “classified,” or “non-certified” employees, and did not issue these employees an employment contract. On the other hand, “certified” employees such as teachers and administrators were issued an employment contract as required by Georgia law. See O.C.G.A. § 20-2-211.

In 2007, as a result of unrelated litigation also involving school bus drivers, the Transport Workers Local Union No. 279 (the Union) entered into a Settlement Agreement with the Board. In that agreement, the Board agreed that it would “draft an expanded grievance policy (GAE-1) for all classified employees, including employees of the Transportation Department.” (emphasis in original). This language — the GAE coding and the reference to an expanded policy — later formed part of the basis of this dispute. The agreement further provided:

Pursuant to this expanded policy, classified employees with at least 24 months of continuous service with the Board of Education can appeal to the Board of Education or its Personnel Committee any recommendation to terminate such employee(s) before final action to terminate is taken by the Board. The Administration will continue implementing procedures on due process. The Administration will prepare procedures to define the process.

In 2009, Strickland joined the Union.

Shortly thereafter, on December 2, 2009, Strickland was involved in an incident *1000 while on his bus route. The parties dispute the details, but they agree that Strickland was involved in a confrontation with some of the students on his bus.

Defendant Dewayne Porter, the Board’s Transportation Director, was subsequently notified of the incident. Porter, along with defendant Robert Jarrell, the Board’s Assistant Superintendent, conducted an investigation. Several students on Strickland’s bus confirmed that they saw Strickland push one student into a seat and another down the bus’s stairs. Students said they saw Strickland yelling and reading from a clipboard while the bus was in motion. And students indicated they believed Strickland to be out of control. Strickland’s bus aid, Ruby Brown, and school principal Alan Griffin corroborated these students’ statements.

Porter thereafter met with Strickland twice to discuss the incident and the investigation. Porter informed Strickland that he would recommend termination, and he explained Strickland’s option to appeal to Jarrell. Because Porter lacked authority to terminate Strickland, he placed Strickland on administrative leave pending further action by Jarrell, defendant Charles Nagle (the Board’s Superintendent) and the Board.

Strickland filed an appeal with Jarrell. After a meeting in which Strickland explained his version of the incident, Jarrell informed Strickland by letter that he would recommend termination, noting that several students, as well as Brown and Griffin, had told a consistent story about Strickland’s misconduct. Also in the letter, Jarrell explained Strickland’s right to appeal, directing Strickland to the “Policy GCK (Suspension/Termination of Auxiliary Personnel),” which Jarrell said described the appeal process.

Nagle reviewed Porter’s and Jarrell’s termination recommendations. He too recommended termination based on his determination that Strickland touched a student in anger. By letter, Nagle advised Strickland of his right to have this recommendation reviewed by the Board. Nagle placed no limits on the materials Strickland could submit in support of his appeal.

Strickland appealed Nagle’s termination recommendation to the Board and requested a hearing on his appeal. The Board reviewed Nagle’s termination recommendation and the documents Nagle and Strickland submitted and voted unanimously to approve Nagle’s recommendation and terminate Strickland. Members of the Board declined to grant Strickland a hearing on the matter, noting that the information before them was sufficient to permit a reasoned decision.

On July 28, 2010, Strickland filed a complaint in state court alleging that, in terminating his employment, the defendants violated his procedural and substantive due process rights. He also alleged that the Board breached the Settlement Agreement between the Board and the Union by failing to provide him with a hearing on his appeal before the Board. He further contended that the defendants violated his First Amendment and Fourteenth Amendment equal-protection rights. He sought a writ of mandamus to remedy these alleged violations.

The defendants removed Strickland’s action to federal district court, and the district court granted summary judgment in favor of the defendants. This is Strickland’s appeal.

II.

We review de novo the district court’s grant of summary judgment. Robinson v. *1001 Tyson Foods, Inc., 595 F.3d 1269, 1273 (11th Cir.2010). Summary judgment is proper “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “We draw all factual inferences in a light most favorable to the nonmoving party.” Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir.2008).

Before we reach the merits of Strickland’s appeal, we note that he has expressly abandoned his First Amendment and equal-protection claims; therefore, we decline to address them here. In addition, because he does not discuss the district court’s judgment in favor of the defendants on his substantive-due-process claim, he is deemed to have abandoned that claim. See Greenbriar, Ltd. v. City of Alabaster, 881 F.2d 1570, 1573 n. 6 (11th Cir.1989). Accordingly, we address only whether the Board’s process satisfied the Settlement Agreement and Strickland’s right to procedural due process.

III.

1. Strickland’s claims under the Settlement Agreement

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Bobby Strickland v. Columbia County Board of Education, 494 F. App'x 998 (11th Cir. 2012).

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