Davis v. Unified Sch. Dist. No. 512

335 F. Supp. 3d 1230
CourtDistrict Court, D. Kansas
DecidedAugust 15, 2018
DocketCIVIL ACTION No. 15-9160-KHV; CIVIL ACTION No. 18-2206-KHV
StatusPublished
Cited by1 cases

This text of 335 F. Supp. 3d 1230 (Davis v. Unified Sch. Dist. No. 512) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Unified Sch. Dist. No. 512, 335 F. Supp. 3d 1230 (D. Kan. 2018).

Opinion

KATHRYN H. VRATIL, United States District Judge

Rubye L. Davis brings suit against Unified School District No. 512, known as Shawnee Mission School District (the "District"), John McKinney and Ginny Lyon. Under 42 U.S.C. § 1983, plaintiff asserts that based on race, defendants reassigned her teaching position from Shawnee Mission East High School ("SME") to Shawnee Mission West High School ("SMW") in violation of 42 U.S.C. § 1981. The case is set for jury trial beginning September 4, 2018. This matter comes before the Court on Defendants' Motion For Judgment On The Pleadings Or, In The Alternative, Summary Judgment 1 (Doc. # 190) filed July 13, 2018 and Shawnee Mission School District's Motion For Summary Judgment (Doc. # 134) filed October 31, 2017. For reasons stated below, the Court sustains both motions.

I. Background Information

Plaintiff originally asserted claims against only the District. See Complaint (Doc. # 1) filed July 8, 2015 in Case No. 15-9160-KHV.2 On April 5, 2018, regarding the District's motion for summary judgment, *1233the Court found that plaintiff had not demonstrated a genuine issue of material fact whether under Section 1983, the District is liable for her claims. See Memorandum And Order (Doc. # 153) at 2-6. More specifically, the Court noted that plaintiff asserted that McKinney and/or Lyon had decided to reassign her to SMW, but she did not show that either of them acted as a final policy maker or that the District was otherwise liable for their decision. See id. The Court found that any complaint about discriminatory conduct by McKinney and/or Lyon belonged in a suit against them personally. See id. The Court noted that Magistrate Judge K. Gary Sebelius had entered an order which allowed plaintiff to amend the complaint to include claims against McKinney and Lyon but thereafter, for reasons not reflected in the record, plaintiff stipulated to dismiss the individual claims without prejudice. See id. at 6-7. The Court directed Magistrate Judge James P. O'Hara to revisit the stipulation and determine whether the Court should recall the stipulation and reinstate plaintiff's claims against McKinney and Lyon individually. See id. at 7-8.

On April 20, 2018, Judge O'Hara recommended that the Court enforce the parties' stipulation and not allow plaintiff leave to amend the final pretrial order to include individual claims against McKinney and Lyon. See Report And Recommendation (Doc. # 160) at 2. Judge O'Hara noted that it appeared that nothing precluded plaintiff from filing the individual claims in a separate lawsuit. See id. at 10-11. He recommended that if by April 26, 2018, plaintiff filed a new action asserting individual claims against McKinney and Lyon, the Court immediately consolidate the new action with the case against the District to promote efficient use of Court and party resources. See id. at 12-13.

On April 26, 2018, plaintiff filed a separate suit asserting individual claims against McKinney and Lyon. See Complaint (Doc. # 1) in Case No. 18-2206-KHV. On May 2, 2018, the Court adopted the magistrate judge report and recommendation and ordered that the two cases be consolidated, with all future filings to be made in the lead case bearing a consolidated case caption. See Memorandum And Order (Doc. # 163) at 5. The Court ordered that all discovery conducted in the lead case be available to the parties in the second case and not be duplicated. See id.

II. Legal Standards

Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c) ; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; Hill v. Allstate Ins. Co., 479 F.3d 735, 740 (10th Cir. 2007). A factual dispute is "material" only if it "might affect the outcome of the suit under the governing law." Liberty Lobby, 477 U.S. at 248, 106 S.Ct. 2505. A "genuine" factual dispute requires more than a mere scintilla of evidence in support of a party's position. Id. at 252, 106 S.Ct. 2505.

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Bluebook (online)
335 F. Supp. 3d 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-unified-sch-dist-no-512-ksd-2018.