Cassandra Williams v. Port Huron Area School Dist

455 F. App'x 612
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 9, 2012
Docket10-1636
StatusUnpublished
Cited by22 cases

This text of 455 F. App'x 612 (Cassandra Williams v. Port Huron Area School Dist) 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
Cassandra Williams v. Port Huron Area School Dist, 455 F. App'x 612 (6th Cir. 2012).

Opinions

HOOD, District Judge.

Defendants-Appellants filed this interlocutory appeal following the district court’s denial of qualified immunity to individual Defendants Michael Jones, Former Superintendent of the Port Huron School District; Craig Dahlke, Port Huron Northern High School Principal; and Port Huron Area School District Board of Education members, Jeffrey Stout, Thomas Crosby, R'asha Demashkieh, Geoffrey Her-ing, Charles Meeker, and Anna Kovar. Plaintiffs claim that these individual defendants violated Plaintiffs’ right to equal protection under the Fourteenth Amendment when they acted with deliberate indifference to student-on-student racial harassment in violation of 42 U.S.C. § 1983.

For the reasons that follow, Defendants Jones, Dahlke, and the individual school board members were entitled to qualified immunity. Accordingly, we REVERSE the District Court’s decision with respect to Dahlke, Jones, and the individual school board members and REMAND this matter for further proceedings.

1. Procedural Background

In their Complaint, the parents or guardians of twelve then-students1 (“Plaintiffs”) of Port Huron Northern High School (“Port Huron Northern”) allege that the students were deprived of an equal educational opportunity as the result of “student on student” racial harassment experienced at the school in violation of Title VI, state law, and 42 U.S.C. § 1983.2 Defendants filed this interlocutory appeal following the district court’s denial of qualified immunity to them with respect to Plaintiffs’ claim that these individual defendants violated 42 U.S.C. § 1983 by being deliberately indifferent to student on student racial harassment in such a way as [614]*614to deny Plaintiffs’ right to equal protection under the Fourteenth Amendment. Defendants also argue that this Court should exercise pendent appellate jurisdiction and review the trial court’s decision to deny summary judgment on the Plaintiffs’ remaining claims under Title VI of the Civil Rights Act of 1964 (“Title VI”); the Michigan Elliott Larsen Civil Rights Act, MCL 37.2102(a), et seq.; the Michigan Equal Accommodation Act, MCL 750.146, et seq.; and claims of intentional infliction of emotional distress.

II. Factual Background

The Port Huron .Area School District has two primary high schools, Port Huron Northern and Port Huron High School (“Port Huron High”). Plaintiffs’ allegations focus on events occurring during 2003 through 2006, but they report a history of racial harassment dating at least back to the 1990s. Eight student Plaintiffs remain in the action — Phillip Jones, Jansyn Southgate Smith, Natasha Thames, Joshua Portis, Gregory Harrison, Zenia Hayes, Kevina Jackson, and Darcy Hayes.

As Plaintiffs tell it, the time period from 2003 to 2006 was fraught with racial tension at Port Huron Northern. In 2003, the principal of Port Huron Northern was Cheryl Wojtas (“Wojtas”). In addition to the principal, there were three assistant principals, Marla Philpot (“Philpot”), Chip Mossett and Gregg Wagner, all of whom had authority to suspend and recommend expulsion for racial harassment. It is undisputed that administrators were aware of peer on peer as well as other forms of racial harassment. Indeed, administrators were not immune from this onerous conduct. For instance; when she was hired in 2003, Philpot was the only black professional employee at the school, and, within her first week at Port Huron Northern, she found Ku Klux Klan paraphernalia and white supremacist literature placed on or around her desk. That school year, both students and parents called Philpot a “nigger,” including one parent who came to the school using racial slurs and seeking to assault Philpot after Philpot disciplined her son. It is against this backdrop that we consider the plaintiffs’ claims.

Students at the school experienced similar harassment, even in front of their teachers. For instance, Plaintiff Darcy Hayes’ Algebra teacher was aware that another student said to him, “Fuck you, fat nigger,” but there was no investigation of the incident or discipline of the offending student. Nonetheless, Hayes started giving Principal Wojtas and Assistant Principal Philpot the names of students using racial slurs, but Wojtas told him there was nothing she could do unless she heard the statements. Hayes went to Wojtas fifteen to twenty times over a period of a year and a half. On numerous occasions, according to the plaintiffs, teachers overheard use of the term “nigger” between students, but did not acknowledge its use in any way. During this time there were also several student vehicles that displayed Confederate flags, despite complaints that the flags were offensive. There were also several instances of vandalism on school grounds involving racial slurs as graffiti.

Parents approached several administration members in hopes of improving the situation. During a conversation related to the harassment, Philpot told Darcy Hayes’ mother, Belinda Rivera (“Rivera”), that “there was racism there, she was aware of it, but there was not much that she could do about it, because she had made her concerns” known to Wojtas, who had not responded. Prior to 2005, Patsy Chapman, the mother of Plaintiff Josh Portis, who was regularly called a “nigger” and otherwise harassed due to his race, often resulting in physical violence, complained to Assistant Principal Mossett. Assistant Principal Mossett said it was [615]*615difficult to do anything because it was Portis’ word against the other student(s).

From 2003 to 2005, while Wojitas was principal, little, if anything, was done to investigate numerous allegations of the use of racial slurs between students or defacement of school property with racially offensive language, despite efforts by students and parents to keep Wojitas and the assistant principals informed of these incidents. In fact, Port Huron Northern has not produced any records of investigations or disciplinary actions taken regarding any of the incidents that occurred between 2003-2005.

Things began to change in 2005. Jones became the Superintendent of the district for the 2005-2006 school year. Dahlke was hired as principal of Port Huron Northern shortly after the start of the 2005 school year, once Wojtas was promoted to Assistant Superintendent.3 In June 2005, the Board approved a Student Code Handbook, which included a policy addressing harassment perceived to be motivated by race. For a first time violation, the policy required that parents be notified of their child’s offending behavior, that the parties take part in a conference, and that the responsible student serve time in detention and possibly face more severe discipline. There is no evidence that there was a similar policy in place before June 2005. There is also little evidence that the policy, once in place, was strictly enforced.

On October 26, 2005, within days of Dahlke’s start date, a racist poster was left on Tiara Long’s locker. The poster included a Confederate flag and the words “Rebel — The south will rise — Death to all Niggers,” and “If this offends you screw off, & get bent!” The next day, she found another racist note inside her locker.

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Bluebook (online)
455 F. App'x 612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cassandra-williams-v-port-huron-area-school-dist-ca6-2012.