Ryan v. Mesa Unified School District

195 F. Supp. 3d 1080, 2016 U.S. Dist. LEXIS 95343, 2016 WL 3916165
CourtDistrict Court, D. Arizona
DecidedJuly 19, 2016
Docket2:14-cv-01145 JWS
StatusPublished
Cited by1 cases

This text of 195 F. Supp. 3d 1080 (Ryan v. Mesa Unified School District) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan v. Mesa Unified School District, 195 F. Supp. 3d 1080, 2016 U.S. Dist. LEXIS 95343, 2016 WL 3916165 (D. Ariz. 2016).

Opinion

ORDER AND OPINION

[Re: Motions at Dockets 77 and 80]

JOHN W. SEDWICK, SENIOR JUDGE, UNITED STATES DISTRICT COURT

I. MOTIONS PRESENTED

Before the court are the parties’ cross-motions for summary judgment filed under Federal Rule of Civil Procedure 56. The plaintiffs, Sidney Ryan, Jodi Ryan, and Jeffrey Hills, move for summary judgment at docket 77, supported by a statement of facts at docket 78. The remaining defendant, Joseph Goodman (“Goodman”), opposes the motion at docket 86, supported by a controverting statement of facts at docket 87. The plaintiffs reply at docket 88.

Goodman moves for summary judgment at docket 80, supported by a statement of facts at docket 81. The plaintiffs oppose at docket 84, supported by a controverting statement of facts at docket 85. Goodman replies at docket 89, supported by a “response to plaintiffs’ additional facts” at docket 90. The plaintiffs object to this latter filing at docket 91.1

Oral argument was not requested and would not assist the court.

II. BACKGROUND

Sidney Ryan, K.R., and B.H. (collectively, “Plaintiffs”2) were members of the Mountain View High School (“Mountain View High”) varsity girls softball team, coached by Goodman, Goodman states that he dismissed Plaintiffs from the team “because of a pattern of divisive, disrespectful conduct towards other team members.”3 Plaintiffs dispute this explanation, alleging that they were dismissed in retaliation for not conducting the pre-game team prayers that Goodman sanctioned and for First-Amendment-protected speech.4 This court’s order at docket 21 dismissed several of Plaintiffs’ claims, including all claims against the Mesa Unified School District.

The two claims that remain allege that Goodman violated Plaintiffs’ rights under the Establishment Clause (Count I) and Free Speech Clause (Count III) of the First Amendment.5 On Count I Plaintiffs seek compensatory and punitive damages and declaratory and injunctive relief.6 On Count III, Plaintiffs seek only declaratory relief.7 The court held at docket 21 that Sidney Ryan (“Ryan”) lacks standing to obtain declaratory or injunctive relief because she has already graduated.8

[1083]*1083A. Pre-Game Team Prayers

Goodman is a member of the LDS Church,9 as are some players of the Mountain View High softball team.10 Former player Erin Manuel (“Manuel”) states that before each game of the 2012 season another former player, Katie Sanders (“Sanders”), led a team prayer and Goodman was “well aware” of these prayers.11 Manuel states that the prayers made her and some of her teammates uncomfortable, and she objected to them on at least one occasion. According to her, Goodman “was made aware of the objection to the team prayer, but did nothing.”12 For his part, Goodman testified that he does not recall whether his players prayed in 201213 and denies that any player voiced an objection to team prayer that year.14

It is undisputed, however, that Sanders led team prayers before every game of the 2013 season.15 B.H. testified that these prayers took place in the outfield before games when the whole team was assembled.16 The parties dispute Goodman’s involvement in these prayers. Goodman states that he knew about them17 but did not discuss them with the players “one way or the other.”18 He states that he had a hands-off approach to the prayers: “if students want to have a prayer,” he testified, “I’m not going to stop them.”19 Sidney Ryan (“Ryan”) and Jami Wickerman (“Wickerman”) tell a different story. They state that Goodman appointed certain players as “prayer leaders.”20 Ryan testified that Sanders was the appointed prayer leader in 2013.21

Ryan was the captain of the 2014 team.22 She testified that Goodman asked Wicker-man and another player, “K.J.,” to be the prayer leaders for the 2014 season.23 Wick-erman states that Goodman approached her at practice and told her, “I feel you are a really religious person. You would be good to be the prayer leader,”24 Wicker-man states that Assistant Coach Dave Tel-lef (“Tellef’) observed this comment, and Tellef “indicated that he agreed with Coach Goodman about that.”25 Goodman disputes these accounts, testifying that he “never discussed team prayer” in 2014.26 Yet, he admitted that before the first scrimmage of the 2014 season he “invited” Wickerman and K.J. “to get the team to[1084]*1084gether to give them the opportunity to pray” before games.27 When asked what he meant by “invite,” Goodman stated, “I asked if [they] would be willing to.”28

Ryan testified that Wickerman approached her right after Goodman asked her to be a 2014 prayer leader “because she didn’t know how to pray and asked [Ryan] how.”29 Ryan testified that she responded to Wickerman, “We’re not praying this year.”30 Ryan testified that just before the scrimmage game began Goodman asked her if she needed time before the game to have a prayer. She states that she responded to Goodman, “We’re not going to pray this year,” and Goodman said nothing in response.31 Goodman denies that this conversation took place.32

Mountain View High began the 2014 softball season by traveling from Mesa to Tucson by school van for a three-day tournament.33 Ryan testified that Wickerman approached her before the first game of the tournament and told her that “ ‘Goodman asked [her] to pray again,’ and she didn’t know how.” 34 Ryan states that she responded to Wickerman, “We’re not praying” and then went to the outfield and told the team, “We’re not praying this year. Goodman wants a change, so that’s going to be the change.”35

B. The Van Ride to Tucson

K.R. made a CD for the road trip to Tucson36 that included the following songs; “Ride” by SoMo; “I Just Had Sex” by The Lonely Island; and “Hate Being Sober” by Chief Keef.37 The lyrics to “I Just Had Sex” include: “I just had sex and it felt so good/A woman let me put my penis inside of her.”38 And the lyrics to “Ride” include: “My body on your body, baby, sticking like some glue/Naughty/ Let’s get naughty/Girl, it’s only one or two/The fever’s fucking running/Feel the heat between us two.” 39Goodman, who was driving the van in which Plaintiffs were passengers, testified that he had to skip some songs on the CD because of them inappropriate lyrics.40

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
195 F. Supp. 3d 1080, 2016 U.S. Dist. LEXIS 95343, 2016 WL 3916165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-mesa-unified-school-district-azd-2016.