Miller v. Weaver

2003 UT 12, 66 P.3d 592, 19 I.E.R. Cas. (BNA) 1671, 2003 Utah LEXIS 33, 2003 WL 1787133
CourtUtah Supreme Court
DecidedApril 4, 2003
Docket20010065
StatusPublished
Cited by81 cases

This text of 2003 UT 12 (Miller v. Weaver) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Weaver, 2003 UT 12, 66 P.3d 592, 19 I.E.R. Cas. (BNA) 1671, 2003 Utah LEXIS 33, 2003 WL 1787133 (Utah 2003).

Opinion

WILKINS, Justice:

4 1 Plaintiffs 1 challenge the district court's dismissal of their first amended complaint *594 against defendant Wendy Weaver (Weaver) for failure to state a claim upon which relief may be granted under Utah Rule of Civil Procedure 12(b)(6). We affirm.

FACTUAL HISTORY

T2 Since the party moving to dismiss a complaint admits the facts as alleged and challenges the complainant's right to relief based on those facts, we accept the material allegations of the complaint as true and recite them accordingly. 2 See, eg., Hall v. Dep't of Corr,, 2001 UT 34, 12, 24 P.3d 958; St. Benedict's Dev. Co. v. St. Benedict's Hosp., 811 P.2d 194, 196 (Utah 1991). Defendant Weaver is currently a tenured faculty member at Spanish Fork High School in the Nebo School District, Utah County, Utah. She began teaching physical education and coaching the girls volleyball team at the high school in 1979, and continued to coach the team until 1997. Weaver currently teaches psychology, which she has been doing since 1988, and it is her conduct as a psychology teacher that apparently inspired the first five counts of the complaint. Specifically, Weaver administered personality tests to her students, scoring and discussing the results of those tests in class, and also required her students to keep dream journals and interpret their dreams in class. Weaver criticized and disparaged the Church of Jesus Christ of Latter-day Saints during class and pressured a student to express his religious and moral beliefs in a hostile class environment. Additionally, Weaver encouraged students to question traditional sources of authority and determine for themselves whether alternative "lifestyles" are right or wrong.

T3 Weaver is also a lesbian, a fact publicly revealed to residents of the Nebo School District in 1997. - In the summer of 1997, the Nebo District School Board (school board) attempted to restrain her speech regarding her sexual orientation, and placed a memorandum in her personnel file to that effect. Weaver was also removed from her position as the girls volleyball coach at that time. In October 1997, Weaver filed a complaint in federal district court alleging violations of her constitutional rights; she ultimately sue-ceeded in having the unlawful restraints removed and her coaching position reinstated. See Weaver v. Nebo Sch. Dist., 29 F.Supp.2d 1279 (D.Utah 1998).

4 Soon after Weaver initiated her lawsuit in federal court, members of the community began submitting formal complaints about her to the school board. Joshua A. Lee, a plaintiff and student of Weaver, first complained to the school board on October 29, 1997. A petition signed by 3,000 school district residents "seeking specific redress" was presented to the school board on November 12, 1997. On December 16, 1997, another "specific request for action" was sent to counsel for the school district and the Utah Attorney General's Office by the Citizens of Nebo School District for Moral and Legal Values (Citizens of Nebo). That same day, counsel for the school district notified counsel for Citizens of Nebo that the school district would not take action within the time frame requested, and that Citizens of Nebo must pursue civil litigation to resolve their concerns.

PROCEDURAL HISTORY

T5 The original plaintiffs' first complaint was filed on December 23, 1997. A later, independent proceeding, which consolidated the original complaint and the first amended complaint, was initiated on May 26, 1998. We proceed based upon the contents of the first amended complaint since it was the foundation of the district court's ruling on appeal to this court. The original plaintiffs were present and former students of Weaver, students of Spanish Fork High School but not of Weaver, parents of students, grandparents of students, and taxpayers from the school district. 3 The defendants were the *595 Utah State Board of Education; Craig Jackson, Director of the Division of Occupational and Professional Licensing; Jan Graham, Attorney General of Utah; and Wendy Weaver. The first amended complaint set forth ten causes of action: Counts I, II, IV, VIII, IX, and X sought judicial declarations of whether Weaver had violated various state statutes governing the conduct of teachers and psychologists; Counts III, V, and VII sought judicial declarations of whether Weaver had violated several provisions of the Utah Constitution. 4

16 The original plaintiffs then filed two motions for partial summary judgment. The State followed with a motion for judgment on the pleadings, and Weaver moved the court for dismissal under rule 12(b)(6). The original plaintiffs then filed a motion to amend the first amended complaint, and included a copy of the second amended complaint. After oral arguments on all of the pending motions, the district court granted Weaver's motion to dismiss seven of the nine remaining counts (Counts I, II, III, IV, VIII, IX, and X); the motion was also granted as to dismissal of four plaintiffs who were either grandparents of high school students or parents without high school students. The district court ruled that all six statutory claims failed to meet the requirements for a declaratory judgment action. The three constitutional claims, according to the district court, met all declaratory judgment requirements, but Count III was dismissed for failure to assert a valid constitutional interest. Weaver's motion was denied as to Counts V and VII; however, these claims were subsequently voluntarily dismissed to allow appeal of a final order disposing of all claims. . The district court also granted the State's motion to dismiss Jan Graham and Craig Jackson as defendants, and granted the original plaintiffs motion to amend the first amended complaint.

T7 Plaintiffs on appeal comprise one taxpayer, four former students of Weaver, one former Spanish Fork High School student, two parents of a former Spanish Fork High School student, and two former students of Weaver who were not a party to the first amended complaint. Weaver is the only defendant on appeal. Plaintiffs challenge the district court's ruling on Weaver's motion to dismiss, and present two issues for review: (1) whether the plaintiffs present legally sufficient claims for a declaratory judgment action, and (2) whether the complaints plead sufficient facts to establish a prima facie violation of the statutes and regulations at issue that would serve as a basis for declaratory judgment.

STANDARD OF REVIEW

18 As an appellate court, our powers of review are limited. In cases such as this, where a district court has granted a motion to dismiss after accepting the complaint as true and testing the legal sufficiency of the claims, we grant no deference to the district court's legal conclusions. We review the district court's legal ruling for correctness, and will affirm that ruling only if it is clear the plaintiffs' complaint fails as a matter of law. First Equity Fed., Inc. v. Phillips Dev., LC, 2002 UT 56, 1 11, 52 P.3d 1137.

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Cite This Page — Counsel Stack

Bluebook (online)
2003 UT 12, 66 P.3d 592, 19 I.E.R. Cas. (BNA) 1671, 2003 Utah LEXIS 33, 2003 WL 1787133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-weaver-utah-2003.