Raposa v. Meade School District 46-1

790 F.2d 1349, 32 Educ. L. Rep. 460
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 13, 1986
DocketNo. 85-5119
StatusPublished
Cited by4 cases

This text of 790 F.2d 1349 (Raposa v. Meade School District 46-1) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raposa v. Meade School District 46-1, 790 F.2d 1349, 32 Educ. L. Rep. 460 (8th Cir. 1986).

Opinions

ROSS, Circuit Judge.

Appellant Michele Raposa, a nontenured school teacher, brought an action under 42 U.S.C. § 1983 to recover compensatory and punitive damages against appellees Board of Education and its members, the School Superintendent, Wold, and the School Principal, Murphy. Raposa claimed that appellees’ actions, culminating in her transfer to another school in the school district, violated her constitutional rights of due process and freedom of speech. The district court1 granted summary judgment for defendants and Raposa appeals. For the reasons below, we affirm.

Facts

Michele Raposa was hired by Meade School District 46-1 in 1981 to teach the lower grades at a two-room school house in Stoneville, South Dakota. Stoneville was a rural school with nineteen students, ten in the elementary grades. This was Raposa’s first teaching position. Her contract was renewed for the 1982-83 school year. Teacher evaluations were done twice each year by the principal, according to school district policy. Although a personality conflict had developed between Raposa and the principal Murphy, all of Murphy’s formal evaluations of Raposa had been favorable according to Superintendent Wold. Both administrators agreed that Raposa was a good classroom teacher.

About mid-April of 1983 Raposa contacted the South Dakota Department of Social Services and reported a case of suspected child abuse. Within the next two weeks a social worker from that department visited with Raposa and the child at Stoneville [1351]*1351school, and then called on the child’s parents. The child’s parents, later that same day, complained to Raposa about her report. Raposa refused to talk with them without a social worker present. lid íate April 1983, the school principal for the first time began receiving complaints from parents concerning Raposa. The principal typed a Form 1312, “Complaint Concerning School Personnel” at the request of one parent. This complaint contained only the following general allegation: “We feel the Board of Education should be aware of certain things concerning Miss Raposa, lower grade teacher at Stoneville.” This form was subsequently signed by six families. This “1312” complaint was given to one of the school board members who delivered it to the school superintendent.

At the late-April board meeting, held to discuss contract renewals and teaching assignments, the superintendent advised the board members of the “1312” complaint and the complaint was discussed. The president of the board cautioned that if a child abuse report was the precipitating factor of the complaint, that report did not furnish the foundation for taking any action. He said the board had to protect their employee who had a statutory duty to report suspected child abuse. The board voted to place Raposa in an unassigned status until they received more information. The next day the superintendent advised the signers of the “1312” complaint, in writing, that they would need to submit individual complaints and would need to be more specific before the board could consider their complaints. Board members began to receive telephone calls from parents. Between May 5 and May 17, 1983, eight y Stoneville families submitted “1312” complaints. Two mentioned the child abuse report. Other complaints were that Raposa threw out Weekly Readers instead of using them, that she failed to teach social studies as required, did not cooperate with upper grade teachers, was unable to accept criticism from parents, failed to properly supervise playground activities, and created dissension in the community.

In May the superintendent wrote Raposa advising her that he would be recommending to the board that she be reassigned to Sturgis, another, larger, school in the district, for the next school year. Wold’s letter invited Raposa to come to his office, review the criticisms received, and to write responses if she would like. Evidently Raposa did not so respond. In May, at theT next regular board meeting, a spokesman | for a delegation of parents read a state- | ment stating that nine out of twelve fami- I lies of the Stoneville school, with one family remaining neutral, requested that Raposa not be assigned to Stoneville for the next school year. At the June board meeting, attended by Raposa and her attorney, the superintendent said he felt the strong negative feelings of some of the parents would. ..carry, oyer into the classroom and create an unfavorable teaching situation. However, the superintendent felt she was an excellent classroom teacher and wanted to keep her in the system. The board members agreed and voted to assign Raposa to the Sturgis school. Raposa was informed of this in writing on June 24. The"1 validity of the complaints was considered not relevant by the board in light of the strong anti-Raposa sentiment and in view of the size of the community. After Raposa’s request for an executive session of the board, she was told to follow the grievance procedure prescribed by school district policy and state statute. This she did not do. Raposa responded by resigning her teaching position and filing suit in district court. The district court granted summary judgment for the defendants and this appeal by Raposa followed.

I. First Amendment

In determining whether a public employee’s first amendment rights have been violated, a court must decide whether the employee has shown that he engaged in a protected activity, Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968), whether the employee has shown that the conduct was a motivating or substantial factor in the decision made against the employee, Mt. Healthy [1352]*1352School City Board of Education v. Doyle, 429 U.S. 274, 287, 97 S.Ct. 568, 576, 50 L.Ed.2d 471 (1977), and whether it has been shown that the same decision would have been made even in the absence of the protected activity. Givhan v. Western Line Consolidated School District, 439 U.S. 410, 416, 99 S.Ct. 693, 697, 58 L.Ed.2d 619 (1979); Mt. Healthy, supra, 429 U.S. at 287, 97 S.Ct. at 576.

Under the Pickering balancing test, a court’s job is to seek “a balance between the interests of the [teacher], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.” Connick v. Myers, 461 U.S. 138, 142, 103 S.Ct. 1684, 1687, 75 L.Ed.2d 708 (1983); quoting Pickering, supra, 391 U.S. at 568, 88 S.Ct. at 1734; see also Patterson v. Maseru, 774 F.2d 251, 257 (8th Cir.1985). The courts have given the government wide discretion in managing its internal affairs. Connick, supra, 461 U.S. at 151, 103 S.Ct. at 1692, (citing Arnett v. Kennedy, 416 U.S. 134, 168, 94 S.Ct. 1633, 1651, 40 L.Ed.2d 15 (1974)); see also Bowman v. Pulaski County Special School District,

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Buchanan v. Little Rock School District
84 F.3d 1035 (Eighth Circuit, 1996)
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Raposa v. Meade School District 46-1
790 F.2d 1349 (Eighth Circuit, 1986)

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Bluebook (online)
790 F.2d 1349, 32 Educ. L. Rep. 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raposa-v-meade-school-district-46-1-ca8-1986.