CUFF EX REL. BC v. Valley Cent. School Dist.

677 F.3d 109, 2012 WL 954063, 2012 U.S. App. LEXIS 6024
CourtCourt of Appeals for the Second Circuit
DecidedMarch 22, 2012
DocketDocket 10-2282-cv
StatusPublished
Cited by60 cases

This text of 677 F.3d 109 (CUFF EX REL. BC v. Valley Cent. School Dist.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CUFF EX REL. BC v. Valley Cent. School Dist., 677 F.3d 109, 2012 WL 954063, 2012 U.S. App. LEXIS 6024 (2d Cir. 2012).

Opinions

Judge POOLER dissents in a separate opinion.

WINTER, Circuit Judge:

William and Margaret Cuff appeal from Judge Rakoffs grant of summary judgment dismissing their complaint brought on behalf of their minor son B.C. Cuff ex rel. B.C. v. Valley Cent. Sch. Dist., 714 F.Supp.2d 462 (S.D.N.Y.2010). Their appeal concerns the contours of B.C.’s First Amendment rights and the regulation of his speech in school. We affirm.

BACKGROUND

Because this is an appeal from a grant of summary judgment, we view the facts in the light most favorable to appellants and [111]*111resolve all disputes of fact in their favor. Mathirampuzha v. Potter, 548 F.3d 70, 72-73 (2d Cir.2008).

Briefly stated, this litigation arises out of a crayon drawing by B.C. in response to an in-class assignment. The drawing depicted an astronaut and expressed a desire to “[b]low up the school with the teachers in it.” At the time, September 2007, B.C. was ten years old and a fifth-grade student at Berea Elementary School in Montgomery, New York.

In January 2006, prior to creating the astronaut drawing, B.C. had drawn another picture that was perceived by the school staff as disturbing. The drawing depicted a person firing a gun, and above it, B.C. had written: “One day I shot 4 people each of them got fo[ur] blows + they were dead. I wasted 20 bulits [sic] on them.” B.C.’s teacher alerted the school psychologist, Delaine Charette, to the drawing, and school officials contacted B.C.’s parents. B.C. said that he was portraying a game of paintball in the drawing.

In the spring of 2007, as part of a fourth grade in-class assignment, B.C. wrote a story about “a big wind [that] destroyed every school in America.... [And] every body ran for there [sic] life and than [sic] all adults died and all the kids were alive. Than [sic] all the kids died.” This story was also reported to Charette, although she did not speak with B.C. about it.

Prior to September 2007, B.C. had also been disciplined by teachers and school administrators for misbehavior in and around school. B.C. testified that he had been to Principal Knecht’s office and Assistant Principal Malley’s office on a few occasions prior to the astronaut drawing incident. Kneeht and Malley also confirmed B.C.’s involvement in numerous altercations during recess, pushing and shoving in the hallways, and rough play at school.

The precise circumstances involving the creation of the astronaut drawing are as follows. On September 12, 2007, B.C.’s science teacher, Tara DeBold, asked her students to fill in a picture of an astronaut and write various things in various sections of the astronaut. The students were instructed to write a “wish” in the left leg of the astronaut. B.C. testified that DeBold told the students that “you can write, like, anything you want ... you can involve a missile ... [y]ou can write about missiles.” In that spot, B.C. wrote his “wish”: “Blow up the school with the teachers in it.”

At this time, B.C. was seated at a block of six desks pushed together. B.C. told his nearby classmates what he was going to write in the picture, and the students laughed in response. C.P., a female student who was sitting in a neighboring group of desks, heard from another student about what B.C. drew, and went to look at B.C.’s picture. B.C. said that C.P. laughed at it. C.P. then approached DeBold — who perceived C.P. to be “very worried” — and told the teacher about the drawing. DeBold then approached B.C. and asked him if he meant what he had written. B.C. looked at DeBold with a blank and serious face. DeBold then sent B.C. to Principal Knecht’s office.

Principal Kneeht and Assistant Principal Malley asked B.C. if he meant what he had written in the drawing. B.C. testified that he told, them that he did not mean what he had written. Kneeht then called Superintendent Richard Hooley for advice regarding B.C.’s punishment. Kneeht summarized for Hooley the events that had occurred, B.C.’s history of misbehavior in school, and her concerns that B.C. had frightened C.P. Hooley stated that suspension was appropriate.

[112]*112At the end of the meeting, Knecht and Malley asked B.C. to sign a document consisting of Knecht’s notes transcribed during the meeting. Although B.C. testified that he could not read the script handwriting, he signed the document. Later that afternoon, Knecht met with B.C. and his parents. During the meeting, B.C. stated that he did not mean what he had written in the astronaut drawing and that he was only kidding.

Following the meeting with B.C.’s parents, Knecht confirmed in writing that B.C. was to be suspended for five days out of school and one day in school based on the “wish.”

Appellants appealed the suspension to the District’s Board of Education. The Board upheld the suspension, and the Cuffs did not appeal to the New York State Commissioner of Education. Appellants then brought the present Section 1983 action on behalf of B.C., alleging that by suspending B.C., the District and Knecht violated B.C.’s First Amendment right to freedom of expression. Appellants also alleged that appellees imposed an excessive punishment in disciplining B.C. as a result of the astronaut drawing.

The late Judge Conner, to whom this case was first assigned, granted appellees’ motion to dismiss for failure to state a claim. Cuff ex rel. B.C. v. Valley Cent. Sch. Dist. (“Cuff I”), 559 F.Supp.2d 415, 424 (S.D.N.Y.2008). Appellants appealed, and we vacated and remanded, holding that, without some context, the facts alleged in the complaint did not dictate a Fed.R.Civ.P. 12(b)(6) dismissal. Cuff ex rel. B.C. v. Valley Cent. Sch. Dist. (“Cuff II”), 341 Fed.Appx. 692, 693 (2d Cir.2009) We noted, in particular, that the facts, as alleged, indicated that only the teacher saw B.C.’s “wish” and that B.C. had no disciplinary history. Id. On remand, the parties completed discovery, and appellees moved for summary judgment. Judge Rakoff, to whom the case was reassigned following the death of Judge Conner, granted the motion. Cuff ex rel. B.C. v. Valley Cent. Sch. Dist. (“Cuff III”), 714 F.Supp.2d 462, 463 (S.D.N.Y.2010). We affirm.

DISCUSSION

“We review a district -court’s grant of summary judgment de novo.” See Beyer v. Cnty. of Nassau, 524 F.3d 160, 163 (2d Cir.2008).

a) Legal Standards

Public school students are protected by the First Amendment and do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). Nonetheless, “the First Amendment rights of students in the public schools are not automatically coextensive with the rights of adults in other settings, and must be applied in light of the special characteristics of the school environment.” Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 266, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988) (internal quotation marks and citation omitted).

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677 F.3d 109, 2012 WL 954063, 2012 U.S. App. LEXIS 6024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuff-ex-rel-bc-v-valley-cent-school-dist-ca2-2012.