S.W. v. Clayton County Public Schools

185 F. Supp. 3d 1366, 94 Fed. R. Serv. 3d 1303, 2016 U.S. Dist. LEXIS 62702, 2016 WL 2755607
CourtDistrict Court, N.D. Georgia
DecidedMay 12, 2016
DocketCIVIL ACTION FILE No. 1:16-cv-0126-TCB
StatusPublished
Cited by5 cases

This text of 185 F. Supp. 3d 1366 (S.W. v. Clayton County Public Schools) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.W. v. Clayton County Public Schools, 185 F. Supp. 3d 1366, 94 Fed. R. Serv. 3d 1303, 2016 U.S. Dist. LEXIS 62702, 2016 WL 2755607 (N.D. Ga. 2016).

Opinion

ORDER

Timothy C. Batten, Senior United States District Judge

This matter comes before the Court on the motion of Defendants Clayton County Public Schools (“CCPS”), Luvenia Jackson, and Gary Townsend (collectively, “the CCPS Defendants”) for judgment on the pleadings [14]. Also before the Court is Defendant Roderick Arrington’s motion to stay all proceedings [15],

I. Background1

On January 5, 2014, Plaintiff S.W., then seventeen years old, enrolled at Charles Drew High School in Clayton County, Georgia. At that time, Arrington was her science teacher. From February 2014 through April 2014, Arrington sexually harassed, abused and assaulted S.W. Ar-rington 'repeatedly asked S.W. to have sex with him as part of her duties as a teaching assistant, and as repayment for his help in paying for a math class that S.W. was enrolled in. She rejected Arrington’s advances, but feared he would give her a failing grade if she did not comply.

At the end of the school day on March 10, Arrington locked S.W. in a closet adjacent to his classroom for approximately 25-30 minutes while he searched the school to determine if other teachers or administrators were present. Arrington [1371]*1371then returned to the closet and forced S.W. to perform oral sex on him.

S.W. did not report the assault at the time. In late April, S.W.’s step-father discovered text messages from Arrington on S.W.’s phone that evinced an inappropriate sexual relationship. On April 21, he alerted Townsend, the principal at the high school, and notified the Clayton County Police. Townsend alerted CCPS,2 who began an investigation into Arrington. That same day, April 21, Arrington resigned from CCPS, and was arrested. S.W. withdrew from Charles Drew High School shortly thereafter.

During CCPS’s investigation, Arrington admitted to making sexual advances towards S.W., and admitted that she had performed oral sex on him. He also admitted to making inappropriate sexual comments to several other students. Ar-rington’s arrest received immediate public attention. The criminal charges against him — including charges of sexual assault and sexual exploitation of a minor — are pending, and he is currently released on bond.

S.W. and her mother, Plaintiff Giavonia Hood, allege that the CCPS Defendants knew or should have known of Arrington’s sexual harassment and assault of S.W., but that they failed to take preventative measures to protect S.W. They also allege that the CCPS Defendants knew that Arring-ton had been fired from another school district in 2012 because of allegations of sexual harassment and abuse. ■ Thus, Plaintiffs claim that Defendants are liable for sexual harassment under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, and for violating her civil rights under 42 U.S.C. § 1983; They plead state law claims of negligence, negligent hiring, negligent supervision, intentional infliction of emotional distress, loss of consortium, and punitive damages. Additionally, Plaintiffs state claims for false imprisonment and assault and battery against Arrington.

II. Motion to Stay

A district court “has broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706-07, 117 S.Ct. 1636, 137 L.Ed.2d 945 (1997) (citing Landis v. N. Am. Co., 299 U.S. 248, 254, 57 S.Ct. 163, 81 L.Ed. 153 (1936)). “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for-counsel, and for litigants. How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance.” Landis, 299 U.S. at 254-55, 57 S.Ct. 163.

As Plaintiffs note, “[ajbsent special circumstances, the mere existence of parallel criminal and civil proceedings does not compel stay of the latter.” Doe 1 v. City of Demopolis, No. CIV A 09-0329-WS-N, 2009 WL 2059311, at *2 (S.D.Ala. July 10, 2009). Instead, “a court must stay a civil proceeding pending resolution of a related criminal prosecution only when ‘special circumstances’ so require in the ‘interests of justice.’” United States v. Lot 5, Fox. Grove, Alachua County, Fla., 23 F.3d 359, 364 (11th Cir.1994) (quoting United States v. Kordel, 397 U.S. 1, 12 & n. 27, 90 S.Ct. 763, 25 L.Ed.2d 1 (1970)). District courts in this circuit typically consider some variation of the following factors when determining whether a civil action should be stayed in light of criminal proceedings:

1) the extent to which the issues in the criminal case overlap, with. those pre[1372]*1372sented in the civil case; 2) the status of the case, including whether the defendants have been indicted; 3) the private interests of the plaintiffs in proceeding expeditiously weighed against the prejudice to plaintiffs caused by the delay; 4) the private interests of and burden on the defendants; 5) the interests of the courts; and 6) the public interest.

City of Demopolis, 2009 WL 2059311, at *3. The overlap between the issues in the criminal and civil cases is of paramount importance because absent overlap, there is no need for a stay. See id. (“[T]he similarity of issues in the underlying civil and criminal actions is considered the most important threshold issue in determining whether to grant a stay.” (quoting Dominguez v. Hartford Fin. Servs. Grp., Inc., 530 F.Supp.2d 902, 906-07 (S.D.Tex.2008))).

Here, there is clear overlap between the claims against Arrington and the criminal charges he faces.3 Arring-ton’s sexual harassment of S.W., culminating in the alleged March 10 sexual assault, forms the basis for all of Plaintiffs claims against him. That same misconduct is also the basis for most of the criminal charges against Arrington, including charges for sexual assault and sexual exploitation of a minor.4 In short, this case and the pending criminal case will turn on the same questions concerning Arrington’s misconduct toward S.W. from February through April 2014. Plaintiffs contend that the presence of other Defendants, and claims that don’t include Arrington, mean that there is insufficient overlap between the civil and criminal cases. Yet for the reasons detailed in Part IV, ante, Arrington is situated differently from the other Defendants, and resolution of the claims against him will overlap substantially with his criminal case.

The Court now turns to the remaining factors. Unfortunately, Plaintiffs and Arrington appear to have strong, opposing interests when it comes to the question of when and how to proceed with this case.

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185 F. Supp. 3d 1366, 94 Fed. R. Serv. 3d 1303, 2016 U.S. Dist. LEXIS 62702, 2016 WL 2755607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sw-v-clayton-county-public-schools-gand-2016.