Henley v. Tullahoma City School System

84 F. App'x 534
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 5, 2003
DocketNo. 02-5619
StatusPublished
Cited by12 cases

This text of 84 F. App'x 534 (Henley v. Tullahoma City School System) 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
Henley v. Tullahoma City School System, 84 F. App'x 534 (6th Cir. 2003).

Opinion

CLAY, Circuit Judge.

Plaintiffs, several students of Tullahoma High School and their parents, filed the instant action under 42 U.S.C. § 19831 on May 7, 2001 against the Tullahoma City School System and the Tullahoma Board of Education, as well as several administrators and teachers, alleging that these defendants had retaliated against them for their parents’ exercise of their first amendment rights and because of their protected rights of intimate association. Plaintiffs appeal from the March 28, 2002, order of the United States District Court for the Eastern District of Tennessee granting Defendants’ motion for summary judgment. Because this Court agrees that summary judgment was properly granted, the Court AFFIRMS the district court’s order below.

I.

Plaintiffs Brad Henley, Christine Ray, Tavarus Taylor, Natisha White and Dominic White are or were students at Tullahoma High School in Tennessee. Brad Henley and Tavarus Taylor graduated at the end of the 2000-2001 school year. Plaintiff David Henley is Brad Henley’s father, and Plaintiff Ralph White is the father of Plaintiffs Natisha White and Dominic White; Ralph White also is the stepfather of Plaintiff Tavarus Taylor. Defendant Dan Lawson is the Director of Schools for the Tullahoma City Schools. Defendant Mel Covington was the Principal of Tullahoma High School. Defendant Frank Cole was the head basketball coach of the boys’ basketball team at Tullahoma High School. Defendant Robert Sain was the head basketball coach of the girls’ basketball team. Defendant Dean Rodenbeck was a teacher at the school.

The instant dispute began in November 1998, when Frank Cole, the newly-hired coach of the boys basketball team at Tullahoma High School, refused to permit Plaintiff Tavarus Taylor, then a sophomore, from trying out for the team. According to Defendants, Coach Cole did not permit Taylor to try out because he had not participated in pre-season conditioning drills. In contrast, Plaintiff Brad Henley was permitted to try out because he had participated in the drills. According to Taylor, Coach Cole had told him that he did not want him on the team “because [his] daddy [Ralph White] is always suing (Tullahoma) city officials,” (J.A. 520.), allegedly in reference to an employment discrimination lawsuit Ralph White had filed against the City of Tullahoma. White complained about Coach Cole’s treatment of Taylor to Principal Covington in November 1998. After investigation, Covington confirmed Cole’s assertion that Taylor had not been permitted to try out because he had not participated in pre-season conditioning.

Coach Cole selected Plaintiff Brad Henley for the 1998-1999 basketball season. To Henley’s dismay, however, he soon discovered that Coach Cole used sexually and racially charged language. Allegations of Cole’s improper language include: (1) stat[537]*537ing that Brad Henley played like a “white nigger,” (J.A. 214.); (2) referring to players as “salt and pepper,” in relation to their skin color (J.A. 204.); (3) stating that he wanted an all-white basketball team; (4) using words like “ass,” “bitch,” “motherfucker” and “pussy” (J.A. 13, 180, 183, 190.); and (5) stating that “all niggers could play basketball.” (J.A. 203.) There is no evidence that Coach Cole singled Brad Henley out with his inappropriate language or other adverse treatment. Still, Henley was offended by Coach Cole’s language and complained to his father, David Henley.

Upon hearing his son’s complaints, David Henley complained to Coach Cole in February 1999. Cole allegedly reduced Brad Henley’s playing time in retaliation for his father’s complaint. David Henley then spoke to Coach Cole again, asking why Brad Henley’s playing time had been reduced, to which Cole allegedly replied, “Brad plays like a white nigger.” (J.A. 214, 502.)2 A few weeks later, David Henley took his complaint to Principal Covington, but Covington allegedly indicated that his hands were tied in the matter.

Tavarus Taylor and Brad Henley also tried out for the basketball team as juniors, in November 1999. This time Coach Cole did not select either of them for the team. Taylor claims that Coach Cole told them that he and Brad Henley were not going to play on the team “due to the fact that he didn’t have time for our dads to be bitching and whining and trying to file lawsuits and on his case all the time.”3 Shortly thereafter, Ralph White complained verbally and in writing to Dan Lawson, Director of Schools, about Coach Cole’s alleged racist comments and racial bias in selecting members of the basketball team. Lawson referred the complaint to Principal Covington. Covington spoke with Coach Cole, who explained that Tavarus Taylor and Brad Henley did not make the team because they were not good enough.

In December 1999, David Henley and Ralph White filed a discrimination complaint with the United States Department of Education Office for Civil Rights (“OCR”). They complained about Coach Cole’s alleged racist and sexual comments as well as discrimination in the selection of players for the boys basketball team. After conducting an on-site investigation, the OCR’s lead investigator discussed her findings with school staff on April 27, 2000. Based on this discussion, Director Lawson issued a formal written reprimand to Coach Cole on April 28, 2000. Although noting that the OCR had made no findings of racial bias or sexual harassment, Lawson’s letter warned Cole not to use profanity or an intimidating tone with players. In addition, Principal Covington considered terminating Cole, but he found that termination was not practical because the April 15 deadline for advising non-tenured teachers, such as Cole, that their contracts would not be renewed had passed.

In a follow-up letter setting out the OCR’s findings, the OCR stated that [538]*538Coach Cole “might have” engaged in racial and sexual harassment. (J.A. 514.) The OCR letter further stated that the “District’s apparent failure to promptly address complaints regarding the Coach’s behavior may have helped perpetuate the perception of a hostile environment.” Id. The OCR letter noted, however, that the District had reprimanded Coach Cole and had further agreed to promptly investigate and address complaints of racial and sexual harassment and to strongly encourage all staff to attend cultural diversity training. Pursuant to a resolution agreement with the OCR, the District agreed to issue a letter of apology to the complainants, David Henley and Ralph White. The District also agreed that no person would be subjected to retaliation for having complained to the OCR. Plaintiffs allege that they suffered approximately eleven acts of retaliation for White and Henley’s complaint to the OCR. These acts are discussed in Part II.C.3, below.

II.

A. Standard of Review

This Court reviews die novo a district court’s decision to grant summary judgment. Cockrel v. Shelby County Sch. Dist., 270 F.3d 1036, 1048 (6th Cir.2001). Summary judgment must be granted if the pleadings and evidence “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R.Civ.P. 56(c).

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Bluebook (online)
84 F. App'x 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henley-v-tullahoma-city-school-system-ca6-2003.