Cox v. Shelby State Community College

48 F. App'x 500
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 24, 2002
DocketNo. 00-6295
StatusPublished
Cited by26 cases

This text of 48 F. App'x 500 (Cox v. Shelby State Community College) 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
Cox v. Shelby State Community College, 48 F. App'x 500 (6th Cir. 2002).

Opinion

PER CURIAM.

Plaintiff Robert Cox appeals the dismissal of his civil rights, employment discrimination, and constitutional tort claims for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Cox brought a 42 U.S.C. § 1983 civil rights action against Shelby State Community College, its president, Floyd Amman, the College Board of Regents, and the State of Tennessee, alleging race discrimination and unlawful retaliation under Title VII, violation of civil rights under 42 U.S.C. § 1981, and violation of the First and Fourteenth Amendments of the United States Constitution. We affirm the district court’s dismissal of Cox’s Fourteenth Amendment procedural due process claim and § 1981 claim, but reverse and remand the remaining claims for further proceedings.

I

Robert Cox was a black professor of psychology at Shelby State Community College. During his twenty-five years of employment, Cox filed several complaints of racial and gender-based discrimination with the Affirmative Action Office at the College. Cox argues that he was targeted for termination by the College because of his complaints about the College’s alleged discriminatory practices.

In August 1997, Cox was removed from his teaching duties, and was assigned to the school library as a library assistant. On November 4, 1998, Amman and the Board of Regents brought charges against Cox. The parties do not specify the nature of the charges. On January 21, 1999, the hearing committee voted to fire Cox. His termination was effective April 30, 1999.

Cox sued, claiming that the College and Amman discriminated against him because of his race, and that the hearing was insufficient to protect his Fourteenth Amendment due process rights. Further, he [503]*503complained that the prior “affirmative action officer” at Shelby State was called to testify at the hearing regarding his former complaints of race discrimination; this, he alleged, violated his First Amendment rights, and was retaliation for filing the race discrimination claims.

The district court granted defendants’ motion to dismiss for failure to state a claim on each claim. Cox timely appealed.

II

We review de novo a district court’s dismissal of a claim, under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted. A 12(b)(6) motion simply tests the sufficiency of the pleadings, and does not resolve the facts of the case. The standard for such a dismissal is a high one: “[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). In reviewing the complaint, the court must accept facts in the complaint as true, and construe all facts pled in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974).

1. § 1983 Claim

42 U.S.C. § 1983 allows an individual to bring a civil action, against a person operating under color of state law, to enforce rights granted by the United States Constitution or another federal statute. Cox’s complaint alleges that the defendants, under color of state law, denied him his rights under federal statutes (Title VII and 42 U.S.C. § 1981) and under the Constitution (First and Fourteenth Amendments).

Section 1983 reads:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be hable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

42 U.S.C. § 1983.

The district court concluded that Cox’s 42 U.S.C. § 1983 action could not be maintained against the College, Amman, or the Board of Regents, because state instrumentalities and officials operating in their official capacities are not “persons” under § 1983. In so finding, the court relied on Will v. Michigan Department of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). In Will, the plaintiff alleged that he had been improperly refused a position as a data analyst with the Michigan State Police because his brother had been a student activist. Will, 491 U.S. at 60, 109 S.Ct. 2304. The Court decided: “Section 1983 provides a federal forum to remedy many deprivations of civil liberties, but it does not provide a federal forum for litigants who seek a remedy against a State for alleged deprivations of civil liberties.” Id. at 66, 109 S.Ct. 2304.

The district court read Will to mean that a state official acting in his official capacity is an arm of the state, and therefore not a “person” under 42 U.S.C. § 1983. On this reading, individual plaintiffs would be barred from asserting any claim whatsoever against state officials in their official capacities: regardless of the nature of the relief, that defendant is not a “person” hable to suit under the statute. The district court stated:

[504]*504Here, Plaintiff names as Defendants the Board of Regents, the State of Tennessee, Amman in his official and individual capacities, and Shelby State. Assuming that Plaintiffs claim under § 1983 is otherwise proper, the state, its agencies, and employees in their official capacities, are not ‘persons’ within the meaning of 42 U.S.C. § 1983, and consequently, this court lacks jurisdiction over them.

However, Will noted, in a footnote: “Of course a state official in his or her official capacity, when sued for injunctive relief, would be a person under § 1983 because ‘official capacity’ actions for prospective relief are not treated as actions against the State.” Will, 491 U.S. at 71 n. 10, 109 S.Ct. 2304. The Sixth Circuit, in McKay v. Thompson, 226 F.3d 752 (6th Cir.2000), followed this approach.

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Bluebook (online)
48 F. App'x 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-shelby-state-community-college-ca6-2002.