Gilles v. Garland

281 F. App'x 501
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 18, 2008
Docket07-3645
StatusUnpublished
Cited by8 cases

This text of 281 F. App'x 501 (Gilles v. Garland) 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
Gilles v. Garland, 281 F. App'x 501 (6th Cir. 2008).

Opinions

OPINION

McKEAGUE, Circuit Judge.

Plaintiff-appellant James G. Gilíes, a campus evangelist, was denied permission to continue a speech on the grounds of Miami University in Oxford, Ohio. He sued campus officials, alleging the policy they [502]*502enforced is violative of his free speech, free exercise, due process and equal protection rights. The district court dismissed the complaint for failure to state a valid claim, holding that the challenged policy represents a reasonable, content-neutral restriction. Plaintiffs challenge to this ruling on appeal is limited to the free speech and due process claims.

Our review of the facial validity of plaintiffs claims is handicapped by the fact that the parties made little effort to communicate with each other before this litigation was commenced. Years later, this pattern is repeated in the appellate briefing, as the parties continue to argue past each other. Yet, viewing the allegations of the complaint liberally in plaintiffs favor, we conclude that dismissal of these two claims at the pleading stage was premature. For the reasons that follow, we therefore reverse the district court’s dismissal of plaintiffs free speech and due process claims.

I. BACKGROUND1

James Gilíes is a Christian evangelist who considers it his duty to proclaim his faith to students at colleges and universities throughout the United States and beyond. On October 14, 2002, he had been engaged in fulfilling this duty for about 45 minutes at the “Academic Quad” on the campus of Miami University in Oxford, Ohio when he was interrupted by a campus security officer, Donald Delph. Officer Delph advised plaintiff that he needed permission to conduct a speech on campus; otherwise he would be arrested. Plaintiff went to the student union to obtain a copy of the university policy. What he received stated, in pertinent part: “Every person with legitimate business at the University has the privilege of free access to the public areas of the buildings and grounds during those hours when they are open, such hours to be determined by the President or designated University official.” Complaint H 23, JA 10. Plaintiff proceeded to the campus security office to inquire whether there was any area on campus where he could engage in his expressive activities. Lieutenant Andrew Powers advised him that although some areas on campus were designated as free speech areas and some were not, plaintiffs speech was not considered “legitimate business” and would not be permitted anywhere on campus.

Plaintiff thereupon retained counsel, who wrote a letter to the university’s general counsel, dated November 19, 2002. The letter contended that public grounds on public university campus property represent a “traditional public forum” and that any limitation of expressive activities in these areas is unconstitutional unless “severely restricted.” Asserting that religious discussion is protected speech under the First Amendment, the letter demanded rescission of the university policy that classified Gilles’s religious speech as not being “legitimate business.”

This letter elicited a clarifying response from university general counsel, Robin Parker, on November 27, 2002. Specifically, she denied that campus property represents a public forum. She advised that Gilíes, as a visitor, was not denied access to campus property, but is certainly allowed to walk through campus. She explained that Gilíes would also be allowed to conduct a formal speech if he were invited to speak by the university or any recognized student organization. Parker further explained that this “policy and consistent practice,” requiring student group sponsorship of speeches by visitors, has been accepted and followed by other reli[503]*503gious speakers, like “The Gideons,” who distribute Bibles, and noted local evangelist “Brother Jeb.” She invited Gilíes to obtain a list of student organizations, from which he might identify a sponsor.

Gilíes wrote to fifteen student organizations, but was unable to obtain sponsorship. Absent sponsorship, his desire to present a speech on campus failed to qualify for permission. Nearly two years later, Gilíes commenced this action by filing a complaint in the Southern District of Ohio on October 14, 2004. Named as defendants are Jim Garland, then-President of Miami University, who has since been replaced by defendant David Hodge; and Lieutenant Andrew Powers, Patrol Commander, Miami University Police Department. In four paragraphs, the complaint asserts four civil rights claims under 42 U.S.C. § 1983, alleging defendants’ promulgation and enforcement of the university’s “legitimate business” policy unconstitutionally restricts plaintiffs speech. Plaintiff alleges the policy is unconstitutionally vague, overbroad and discriminatory on its face, and as applied, in violation of his freedom of speech, his right to freely exercise his religion, and his due process and equal protection rights. The complaint prays for declaratory, injunctive and compensatory relief.

Defendants moved to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure on December 6, 2004. Before the motion was decided, plaintiff moved for a preliminary injunction on April 1, 2005. On April 20, 2005, the district court issued a calendar order directing that the preliminary injunction motion be held in abeyance pending a ruling on the motion to dismiss. Little progress was made during the next two years. On April 20, 2007, the district court issued its opinion and order granting defendants’ motion to dismiss all four claims. On appeal, plaintiff challenges only the dismissal of his free speech and due process claims. He also asks the court to order issuance of preliminary injunctive relief on remand, pending further proceedings in the district court.

II. ANALYSIS

A. Standard of Review

Whether the district court properly dismissed the complaint pursuant to Rule 12(b)(6) is a question of law subject to de novo review. Mezibov v. Allen, 411 F.3d 712, 716 (6th Cir.2005). The reviewing court must construe the complaint in a light most favorable to plaintiff, accept all well-pled factual allegations as true, and determine whether plaintiff undoubtedly can prove no set of facts in support of those allegations that would entitle him to relief. Harbin-Bey v. Rutter, 420 F.3d 571, 575 (6th Cir.2005). Yet, to survive a motion to dismiss, the complaint must contain either direct or inferential allegations respecting all material elements to sustain a recovery under some viable legal theory. Mezibov, 411 F.3d at 716. Conclusory allegations or legal conclusions masquerading as factual allegations will not suffice. Id. Even under Rule 12(b)(6), a complaint containing a statement of facts that merely creates a suspicion of a legally cognizable right of action is insufficient. Bell Atlantic Corp. v. Twombly, — U.S. -, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007). The “[fjactual allegations must be enough to raise a right to relief above the speculative level;” they must “state a claim to relief that is plausible on its face.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Junk v. CitiMortgage, Inc. (In re Junk)
512 B.R. 584 (S.D. Ohio, 2014)
Hershey v. Goldstein
938 F. Supp. 2d 491 (S.D. New York, 2013)
Miller v. City of Cincinnati
622 F.3d 524 (Sixth Circuit, 2010)
Geoffrey Fieger v. Carl Gromek
373 F. App'x 567 (Sixth Circuit, 2010)
Rock for Life-Umbc v. Hrabowski
643 F. Supp. 2d 729 (D. Maryland, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
281 F. App'x 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilles-v-garland-ca6-2008.