Sagan v. Sumner County Board of Education

501 F. App'x 537
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 5, 2012
DocketNos. 11-5168, 11-5328, 11-5170, 11-5330, 11-5172, 11-5332, 11-5523, 11-5524, 11-5570, 11-5571, 11-5666, 11-5667, 11-5668,11-5669,11-5671
StatusPublished
Cited by8 cases

This text of 501 F. App'x 537 (Sagan v. Sumner County Board of Education) 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
Sagan v. Sumner County Board of Education, 501 F. App'x 537 (6th Cir. 2012).

Opinion

PER CURIAM.

Plaintiffs-appellants, the parents of five mentally disabled children allegedly abused by special needs teacher Donna Weidenbenner, appeal the district court’s grant of summary judgment in favor of defendants-appellees Weidenbenner and the Sumner County Board of Education (“Sumner”) (Nos.11-5168, 11-5170, 11-5172, 11-5523, 11-5570). Sumner cross-appeals the district court’s denial of its Individuals with Disabilities Education Act (IDEA) exhaustion affirmative defense (Nos.11-5328, 11-5330, 11-5332, 11-5524, 11-5571). Sumner separately appeals the district court’s denial of attorneys’ fees (Nos.11-5666, 11-5667, 11-5668, 11-5669, 11-5671). For the following reasons, we DISMISS plaintiffs’ appeals, DISMISS AS MOOT Sumner’s cross-appeals, and VACATE the district court’s judgments denying attorneys’ fees for further review consistent with this opinion.

I.

Although plaintiffs initially brought other claims against Sumner and Weidenben-[539]*539ner, only a portion of their claims under 42 U.S.C. § 1983 survived to the summary judgment stage and remain on appeal. Though stated in different ways, these claims reduce to allegations that (1) Weid-enbenner’s abuse deprived the five Jane and John Doe children of their First and Fourteenth Amendment rights to be free from excessive force; and (2) that Sumner’s failure to supervise Weidenbenner or train employees in detecting abuse makes Sumner liable. In five separate opinions, the district court thoroughly examined the record evidence on these claims and found that plaintiffs’ evidence of Weidenbenner’s conduct, though troubling, did not “shock the conscience” as required for a constitutional violation.

II.

Though we generally give fresh review to a district court’s grant of summary judgment under the standard of Federal Rule of Civil Procedure 56, appellants’ untimely and wholly deficient briefing prevents us from doing so here. We briefly review the appellate proceedings.

After receiving a sixty-day extension to the original briefing schedule, technological difficulties caused appellants to file their initial brief one day late. The clerk’s office discovered that the brief did not comply with this court’s form requirements and informed counsel that it would need to file a corrected brief no later than December 22, 2011. We reiterated this new deadline twice more, first in our December 8, 2011 order denying appellants’ motion to file an overlength brief and again in the accompanying clerk’s letter resetting the briefing schedule for these appeals. Our order also specifically “directed” appellants’ counsel “to file a corrected first brief ... including revised references to the record to eliminate the string citations to and excessive duplication of record references.” Despite these specific instructions, appellants’ counsel filed a non-conforming brief more than two weeks late after receiving an overdue-brief notice from the clerk’s office. By letter of January 12, 2012, the Clerk’s Office accepted the overdue brief and reset the briefing schedule for the remaining briefs.

Counsel blames paralegal oversight for the late brief, but offers no explanation for the indecipherable record citations throughout the document. The most egregious of these involve lengthy string citations to pleadings and records, often without pin cites, followed by literally pages of non-descript “id.” citations. (See Appellants’ Corrected First Br. at 7-9, 10-12, 17-22.) Similar scattershot citation clusters plague counsel’s attorneys’ fees brief. (See, e.g., Appellees’ Attorneys’ Fees Br. at 26-29, 33-46.) Indeed, some of the citation clusters span entire pages, and others appear to be exact duplicates of the prior citation cluster. (Compare id. at 43-44, with id. at 44-45.) Counsel repeatedly cites unspecified allegations from the complaints, district court briefs, and responses to defendants’ statement of material facts, leaving for the court to discern the origin of the information, which children the information relates to, and whether it has record support. While such lackadaisical citations would be inappropriate for any case, they preclude meaningful review of the voluminous record for these consolidated cases.

Making matters worse, appellants fail to offer a cogent argument for how the record evidence supports triable issues of constitutional violations for any of the five children. To demonstrate that a teacher’s conduct violates a student’s substantive due process rights, the student must show that “the force applied caused injury so severe, was so disproportionate to the need presented, and was so inspired by [540]*540malice or sadism rather than a merely careless or unwise excess of zeal that it amounted to a brutal and inhumane abuse of official power literally shocking to the conscience.” Ellis ex rel. Pendergrass v. Cleveland Mun. Sch. Dist., 455 F.3d 690, 700 (6th Cir.2006) (quoting Webb v. McCullough, 828 F.2d 1151, 1158 (6th Cir.1987)). Though their argument section on this point begins by asserting that appellants “have alleged a pattern of non-disciplinary severe abuse against their children” (Appellants’ Corrected Br. at 27 (emphasis added)), it makes no effort to show how the record evidence supports any of the children’s claims under the controlling legal standard. Rather, the remainder of the “argument” on that point consists of generic explanations of what happened in other teacher-abuse cases, concluding with the bald assertion that their evidence meets the standard set forth in Webb.

This argument falls well short of plaintiffs’ summary-judgment burden of presenting evidence demonstrating genuine issues of material fact. Fed.R.Civ.P. 56(c)(1) (“A party asserting that a fact ... is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record ... or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute....”) (emphasis added), 56(e) (noting that the district court may deem a fact undisputed for purposes of summary judgment “[i]f a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c)”). The district court has no independent obligation to search the record for evidence that would enable a party’s claims to survive summary judgment, and neither do we. See, e.g., Tucker v. Tennessee, 539 F.3d 526, 531 (6th Cir.2008); Fed. R.App. P. 28(a)(7) and (e); 6 Cir. R. 28(a).

Faced with these deficiencies, we must determine the appropriate sanction. The failure to abide by the court’s briefing schedule alone may result in the dismissal of an appeal for want of prosecution. 6th Cir. R. 26(b). We have also recognized that “dismissal is appropriate ...

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Bluebook (online)
501 F. App'x 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagan-v-sumner-county-board-of-education-ca6-2012.