Ritchie v. Turner

559 S.W.3d 822
CourtMissouri Court of Appeals
DecidedNovember 1, 2018
Docket2017-SC-000157-DG
StatusPublished
Cited by47 cases

This text of 559 S.W.3d 822 (Ritchie v. Turner) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ritchie v. Turner, 559 S.W.3d 822 (Mo. Ct. App. 2018).

Opinions

OPINION OF THE COURT BY JUSTICE HUGHES

Appellees, officials in the Breathitt County school system, sought qualified official immunity from a suit brought by Jane Doe and her mother based on sexual abuse Doe experienced as a middle-school student. Doe and her mother alleged that Appellees breached their ministerial duties to supervise students and to report abuse, and acted in bad faith in their handling of misconduct claims involving Charles Mitchell, a former teacher. The Breathitt Circuit Court denied Appellees' motion for summary judgment based on their claims of qualified official immunity. The Court of Appeals reversed that judgment, finding that qualified immunity applied because the Appellees' acts, or inactions, were discretionary, were within the scope of their authority, and were undertaken in good faith. On discretionary review, we affirm the Court of Appeals, but limit the holding to the specific claims alleged by Jane Doe.

FACTUAL AND PROCEDURAL BACKGROUND

Beginning in the late summer or early fall of 2009, "Jane Doe,"1 a student at Sebastian Middle School in Breathitt County, Kentucky, began receiving inappropriate and sexually suggestive text messages from her former teacher Charles "Andy" Mitchell. Mitchell, who had been Doe's eighth grade teacher, exchanged messages with Doe for approximately twenty-one months, with the last one occurring in early April 2011. During that time, he sent her over one thousand messages *827by text and through Facebook and other social media. The messages between Mitchell and Doe included sexual innuendoes and an exchange of nude photographs. Within the first eleven months of that period, while Doe was a freshman, Mitchell and Doe engaged in a sexual relationship that occurred in his middle school classroom.2 In total, Mitchell and Doe had sexual intercourse three times and Doe performed oral sex on Mitchell twice. The physical sexual contact ended prior to May 2010. Mitchell's relationship with Doe remained secret and was not revealed until a police investigation in August 2011 prompted by Mitchell's communications with another student.

As Doe's freshman year was coming to an end in the spring of 2010, Mitchell began texting a student named "Betty."3 Mitchell was Betty's academic team coach. Betty grew uncomfortable with the number of texts received from Mitchell over a two-week period and she told her mother. On the last Friday of that period, May 14, Betty's mother monitored the exchange between Betty and Mitchell. Betty's mother took the phone afterward, examined the texts from Mitchell, and printed the billing summary for the phone at that point.

The following Monday Betty's parents met with Breathitt County Schools Superintendent Arch Turner and Sebastian Middle School Principal Reggie Hamilton to express their concerns about the large number of texts exchanged and the time of the texts. They specifically noted that one day, 168 texts were exchanged between 3:11 p.m. and 9:50 p.m.4 While the messages concerned general matters, such as school and guitar lessons, Mitchell also discussed another student's relationship with her boyfriend and whether the couple should break-up.5 Although Betty told her parents the messages did not contain sexual content and there was no sexual content in the messages they viewed, Betty's parents were concerned. They asked Turner to stop Mitchell's texting to Betty.

After the first of two meetings with Superintendent Turner, Betty's father went to the Jackson City Police Department. According to his deposition testimony, the two officers he spoke with basically said, "Our hands are tied. There's nothing we can do about it. [Mitchell] didn't say nothing out of the way to your daughter."

In response to Betty's parents' concerns, Turner conducted further investigation into Mitchell's communications with Betty. On the same day, the school officials interviewed two other students identified as texting with Mitchell. The students' mothers were also contacted by phone and interviewed. All indicated no inappropriate texting occurred with the students, and statements to that effect were obtained for the school's file. Mitchell also provided a statement admitting he texted Betty and that the messages were about school, guitar lessons, and another student's boyfriend;

*828he stated he had done nothing wrong.

Turner found the excessive messaging inappropriate, and orally instructed Mitchell not to text Betty.6 Turner informed Mitchell in writing that three disciplinary actions would be taken: he would be suspended for ten days without pay; he would be placed on an improvement plan for the 2010-2011 school year with eventual completion of specified goals;7 and he would complete ethics training. Hamilton or Napier also explained to Mitchell that if Betty's father filed suit, the sheer number of texts might lead to him being fired.

Turner also asked Mitchell orally, either in person or through Hamilton, for transcripts of any text messages with Betty for the two months prior to Betty's parents contacting Turner and Hamilton. (It is unclear why Turner chose this time frame and there is no evidence that Mitchell started texting her before May 1, the start of the two-week period that ended with Betty telling her mother about the texts.). Turner asked that the transcripts be provided as soon as possible; even though he did not believe there would be any inappropriate content based on the consistency of reporting from the parents, the students, and Mitchell, as a safeguard, he wanted to see for himself the content and amount of texting. Hamilton was given the responsibility of getting the transcripts from Mitchell, but his persistent efforts were unsuccessful.8 After Mitchell's failure to turn over the messages, Hamilton sent him a letter requesting again the text message transcripts and informing that "[i]n the event of future litigation, the Breathitt County Board of Education will not ensure its support without prior knowledge of the conversations contained in these transcripts."9 Mitchell did not obtain or turn *829over any transcripts and Betty's parents' efforts to obtain them were unsuccessful. Mitchell's reprimand was never revisited.

One year later, in May 2011, Hamilton was informed of inappropriate messaging between Mitchell and another student named "Cindy." A classmate of Cindy's who viewed the messages was concerned and took screenshots of the messages to Michael Bowling, a teacher at the school. Subsequently, Bowling took the messages to Hamilton who in turn contacted Assistant Superintendent of Breathitt County Schools David Napier. Napier and Hamilton consulted with Phillip Watts, the school's information technology specialist, to assess the authenticity of the screenshots. Watts opined that the screenshots looked real but he was unable to determine whether they were from a real conversation or from a fake or staged Facebook account.

Afterwards, school authorities conducted a series of interviews to assess whether Mitchell was engaged in an inappropriate relationship. When questioned, Cindy, her mother, and Mitchell all denied the allegations.

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Cite This Page — Counsel Stack

Bluebook (online)
559 S.W.3d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritchie-v-turner-moctapp-2018.