Brittney Kaye Settle v. Dickson County School Board

53 F.3d 152, 1995 U.S. App. LEXIS 10148, 1995 WL 261590
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 8, 1995
Docket93-6207
StatusPublished
Cited by35 cases

This text of 53 F.3d 152 (Brittney Kaye Settle v. Dickson County School Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brittney Kaye Settle v. Dickson County School Board, 53 F.3d 152, 1995 U.S. App. LEXIS 10148, 1995 WL 261590 (6th Cir. 1995).

Opinions

MERRITT, C.J., delivered the opinion of the court, in which WEBER, D.J., joined. BATCHELDER, J. (pp. 156-59), delivered a separate opinion concurring in the result only.

MERRITT, Chief Judge.

The issue before us is whether Dana Ramsey, a junior high school teacher in Dickson, a small Tennessee town, violated the free speech rights of one of her ninth grade students, Brittney Settle, by refusing to accept a research paper entitled “The Life of Jesus Christ,” and by giving her a “zero” for failing to write on another topic. Although this paper topic concerns religious subject matter, the plaintiff does not bring her case under the Free Exercise Clause or the Establishment Clause of the First Amendment. Instead, she has chosen to challenge Ms. Ramsey’s rejection of her topic as restricting her rights of free speech under the First Amendment. The district court granted summary judgment for the defendants and dismissed the case. We now affirm the district court’s judgment.

FACTS

During the week of March 15, 1991, Ms. Ramsey assigned a research paper to her ninth-grade class at Dickson County Junior High School. In assigning the paper, the teacher stressed to the students that she wanted them to learn how to research a topic, synthesize the information they gathered, and write a paper using that information. Thus, as she explained, students could not merely expound on their own ideas. She required that each student use four sources in performing the research.

Each student could select his or her own topic, subject to the teacher’s approval. She required only that each topic be “interesting, researehable and decent.” She posted a sign-up sheet for each student to list the topic he or she had chosen. Between March 15 and March 22 students could sign up and change their topics at will. On March 22, Ms. Ramsey removed the sign-up sheet to [154]*154approve the topics, and afterwards students had to receive her approval if they wished to change their topic. On March 26, each student was required to hand in an outline of the paper he or she planned to write.

The plaintiff originally signed up to write a paper on “Drama.” Subsequently, she changed her mind after deciding that the topic might be too broad. Without Ms. Ramsey's prior approval, plaintiff attempted to submit an outline for a paper entitled “The Life of Jesus Christ.” The teacher refused to accept the outline and told plaintiff she would have to select another topic. At this point, plaintiffs father intervened to complain and met with" the principal of the school, Ms. Ramsey, and other school officials. Ms. Ramsey told plaintiffs father that she would accept a paper on religion as long as it did not deal solely with Christianity or the Life of Christ. On April 3, plaintiff attempted to submit another outline, with the title “A Scientific and Historical Approach to Jesus Christ.” Ms. Ramsey rejected this outline as well. Ultimately, the principal, the superintendent of schools, and the Dickson County School Board all expressed their support for Ms. Ramsey's decision and noted that the teacher had not exceeded her discretion as far as they were concerned. Plaintiff and her family decided to make an issue of the matter before the School Board and then in court.

In her statement at a hearing before the School Board, and in depositions taken for the litigation of this case, Ms. Ramsey has explained that she refused to allow plaintiffs topic for a combination of reasons. First, she stated that the student had failed to receive permission to write on the topic prior to handing in the outline. Because plaintiff did not adhere to the requirement of submitting her topic for her teacher’s approval, she had to choose another topic.

Second, Ms. Ramsey said that she believed that it would be difficult for her to evaluate a research paper on a topic related to Jesus Christ. She stated that she knew that plaintiff had a strong personal belief in Christianity that would make it difficult for her to write a dispassionate research paper. Furthermore, Ms. Ramsey believed that the paper would be difficult to grade because plaintiff might take any criticisms of the paper too personally. Even remarks regarding grammar or organization might be misinterpreted as criticisms of plaintiffs religious beliefs. Ms. Ramsey thought it would be wiser to avoid such potential misunderstandings.

Third, the teacher indicated that she “just knew that we don’t deal with personal religion — personal religious beliefs. It’s just not an appropriate thing to do in a public school ... People don’t send their children to school for a teacher to get in a dialogue with personal religio[us] beliefs. They send them to learn to read and write and think. And you can do that without getting into personal religion.” (J.A. at 57).

Fourth, the teacher felt that because plaintiff knew a lot about Jesus Christ, she could produce an outline without doing any significant research, and thus defeat the purpose of the exercise. The teacher stated “it was a lot easier to write a quick little preliminary outline on Jesus Christ, which she knew a lot about, which most of my students knew a lot about.” (J.A. at 57-58). Further, she' said that part of the purpose of the paper was to have the students research a paper on a subject with which they were unfamiliar. (J.A. at 70).

Fifth, Ms. Ramsey at one point during her testimony before the School Board stated “the law says we are not to deal with religious issues in the classroom.” (J.A. at 222). She seems to have thought that she should not allow plaintiff to write on the topic of her choice because the law may prohibit this kind of religious paper in public school classrooms.

Sixth, while testifying before the school board, Ms. Ramsey also stated that she rejected the topic because the assignment required the use of four sources and that “all of the sources that you [are] going to find documenting the life of Jesus Christ derive from one source, the Bible.” (J.A. at 221). She seems to have meant primary or original sources, but during a previous deposition she said she allowed secondary sources: “I required that they have two books and two encyclopedias or resources, but they could [155]*155substitute using magazine articles or pamphlets.” (J.A. at 88).

As a result of plaintiffs refusal to comply with the requirements Ms. Ramsey had specified, she received a zero for the assignment. The student subsequently sued Ms. Ramsey for violating her rights of free speech. Judge Wiseman dismissed the case on a motion for summary judgment relying on Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988), which upheld a school official’s decision to censor a story in the school newspaper about pregnancy at the school. Plaintiff now appeals the district court’s ruling on two grounds. She contends that as a matter of law, Ms. Ramsey violated her First Amendment rights as applied to the states by the Fourteenth Amendment, and alternatively argues that there is a dispute of material fact as to what Ms. Ramsey’s actual reasons were for refusing to let her write the paper on Jesus Christ, making summary judgment inappropriate. We take up these arguments in turn.

DISCUSSION

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Bluebook (online)
53 F.3d 152, 1995 U.S. App. LEXIS 10148, 1995 WL 261590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brittney-kaye-settle-v-dickson-county-school-board-ca6-1995.