Deyo ex rel. D.N. v. Tomball Independent School District

144 F. Supp. 3d 905, 2015 U.S. Dist. LEXIS 152772
CourtDistrict Court, S.D. Texas
DecidedNovember 11, 2015
DocketCivil Action No. H-14-2135
StatusPublished

This text of 144 F. Supp. 3d 905 (Deyo ex rel. D.N. v. Tomball Independent School District) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deyo ex rel. D.N. v. Tomball Independent School District, 144 F. Supp. 3d 905, 2015 U.S. Dist. LEXIS 152772 (S.D. Tex. 2015).

Opinion

MEMORAND UM AND ORDER

EWING WERLEIN, JR., District Judge.

Pending is Defendants Tomball Independent School District, Robert Frost, Jill Hayes, and Chris Trotter’s Motion for Summary Judgment (Document No. 27). After carefully considering the motion, response, reply, and the applicable law, the Court concludes as follows.

I. Background

Principal Robert Frost (“Frost”) and Assistant Principal Jill Hayes (“Hayes”)’ were investigating a stink bomb incident at Tomball Intermediate School when “D.N.’s name was offered by other students as a possible person in possession of stink bombs.” 1 D.N., a male sixth-grade student, initially denied having anything to do with the stink bombs, but after more students identified him, D.N. was called to Frost’s office where he “finally admitted to having stink bombs.”2 In D.N.’s written statement made shortly thereafter, he stated: “I found a used box of stink bombs outside at recess. An one of my friends asked where to get them and I said I don’t know. N* * * * * told me on facebook that he bought them. N* * * * * offered me one stink bomb for money.”3

Hayes then began to search D.N. for the stink bombs while Frost was also present.4 She searched the pockets of D.N.’s hood-ie,5 where she found a hard metal object [909]*909with four finger rings resembling a weapon commonly known as “knuckles,” both sides of which are exhibited in the following photographs,6 which are uncontrovert-ed in the summary judgment evidence:

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D.N. called the object a belt buckle, but, when Hayes and Frost found the object, it [910]*910had no bar or appurtenance to which a belt could be attached for use as a belt buckle.7 Although he initially disclaimed ownership of the knuckles buckle, D.N. eventually admitted that it was from, a boy named “Boo,” who did not attend school with D.N., and that D.N. brought the knuckles buckle to school to give to another friend, who was supposed to return it to Boo.8 D.N. made a second written statement at that time with this explanation.9

Hayes continued to search D.N. for the stink bombs and also to determine wheth- ■ er D.N. had any other “weapons.”10 Hayes searched the pockets of D.N.’s pants, although the parties dispute the manner of the search. According to Hayes, she “asked D.N. if he had anything else on him (or words to that effect), and he pulled out his pockets----”11 D.N. testified that after finding the knuckles buckle, Hayes “told me to stand up, lift my shirt up. And then after I lifted my shirt up, I put it down, and she reached into my back pockets, palms into my pockets.... ” 12 Upon further questioning, D.N. stated that Hayes put “[b]oth hands, fingers straight down” into his front and back pockets.13

As a result of the search, Hayes found a dry erase marker with a nail in place of the felt tip, a written “Hit list,” and a written “Death List.”14 When asked about the dry erase marker, D.N. told Hayes that he got it from his math classroom, but D.N. later admitted that it came from the same person who gave him the knuckles buckle.15 D.N. also admitted that he created the lists of people at whom he and his friends were angry.16 Hayes also found an object resembling a “ ‘corn cob’ holder with approximately 1 inch needle point prongs” in D.N.’s backpack.17

Hayes brought D.N.’s mother, Plaintiff Laura Ricklin Deyo (“Plaintiff’ or “Ms. Deyo”), into the office from the “car ridership line,” where she had been waiting to pick up D.N. at the end of the school day.18 After Hayes explained the situation to Ms. Deyo, D.N. made a third written statement in his mother’s presence.19

D.N. was arrested and charged with felony possession of a prohibited weapon.20 [911]*911Under the Tomball ISD School Code of Conduct, “[a] student must be expelled for any of the following offenses that occur on school property or while attending a school-sponsored or school-related activity on or off school property: ... Using, exhibiting, or possessing the following, as defined by the Texas Penal Code: ... A prohibited weapon, such as ... knuckles.” 21 Under the Code of Conduct, “knuckles” are defined as “any instrument consisting of finger rings or guards made of a hard substance and designed or adapted for inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.”22

Taking into consideration D.N.’s past disciplinary history, intent, the fact that D.N. changed his story multiple times, the “Hit list” and the “Death List,” and that it “appeared to [Hayes and Frost] that the knuckles were perfectly capable of inflicting serious bodily injury,” Hayes and Frost recommended expulsion.23 Hayes provided to D.N.’s parents written notice of the recommendation and scheduled a hearing.24

Assistant Superintendent Chris Trotter (“Trotter”) conducted the hearing. Ms. Deyo and Mr. N., D.N.’s father, were present, but D.N. was not at the hearing.25 Hayes and Frost testified as to the reasons for their recommendation.26 Mr. N. and Ms. Deyo both made statements in rebuttal.27 Trotter also confirmed with the City of Tomball Police Department the charges pending against D.N. because the nature of the charges impacts punishment under the Code of Conduct.28 Based on the evidence presented at the hearing and the results of his own investigation, Trotter upheld the punishment. Written notice of the decision was provided to Ms. Deyo.29

D.N.’s parents appealed to the Tomball ISD Board of Trustees (the “Board”) which, after a hearing, upheld the expulsion.30 The punishment was never administered, however, because Ms. Deyo withdrew D.N. from public school, and he has been home schooled since May 2012.31

Two years later, Ms. Deyo, as next friend of D.N., filed this case in state court, alleging that Defendant Tomball Independent School District (“Tomball ISD”) wrongfully expelled D.N.32 After Tomball ISD removed the case to federal court, Plaintiff filed her Second Amended Complaint, adding Hayes, Frost, and Trotter (“Individual Defendants”), alleging Section 1983 claims for violations of the Fourth, Fifth, and Fourteenth Amendments and malicious prosecution against all Defendants.33 All Defendants move for summary judgment to dismiss all claims.34

[912]*912II. Legal Standard

Rule 56(a) provides that “[t] he court shall grant summary judgment if the mov-ant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.

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Bluebook (online)
144 F. Supp. 3d 905, 2015 U.S. Dist. LEXIS 152772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deyo-ex-rel-dn-v-tomball-independent-school-district-txsd-2015.