T.W. v. School Board

610 F.3d 588, 2010 U.S. App. LEXIS 13215
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 29, 2010
DocketNo. 09-12623
StatusPublished
Cited by9 cases

This text of 610 F.3d 588 (T.W. v. School Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
T.W. v. School Board, 610 F.3d 588, 2010 U.S. App. LEXIS 13215 (11th Cir. 2010).

Opinions

PRYOR, Circuit Judge:

This appeal presents the questions whether a teacher violated a disabled student’s constitutional right to be free from excessive corporal punishment or discriminated against the student solely by reason of his disability, in violation of a federal statute, when the teacher physically and verbally abused the student on several occasions. The student, T.W., was enrolled for several months in Kathleen Garrett’s autism class at a middle school in Seminole County, Florida. On a few occasions, Garrett physically restrained T.W. in response to his disruptive conduct. Garrett also occasionally called T.W. names, provoked him, and used profanity around him. There is evidence that Garrett’s actions aggravated T.W.’s developmental disability, but there is no evidence that Garrett caused T.W. to suffer any serious physical [593]*593injuries. T.W., by and through his mother, complained that Garrett and the School Board of Seminole County violated his rights under the Due Process Clause of the Fourteenth Amendment, 42 U.S.C. § 1983, and that the School Board discriminated against him because of his disability in violation of section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a). The district court granted summary judgment in favor of Garrett and the School Board. Although the events that allegedly transpired in Garrett’s classroom are troubling, we conclude that T.W.’s complaint that Garrett and the School Board violated his constitutional and federal statutory rights fails as a matter of law. We affirm the summary judgment in favor of Garrett and the School Board.

I. BACKGROUND

We divide our discussion of the background of this appeal in three parts. First, we discuss T.W.’s disability. Second, we discuss the incidents that gave rise to T.W.’s claims against Garrett and the School Board. Third, we discuss the procedural history of this appeal. Because this appeal is from a summary judgment, we construe all facts in the light most favorable to T.W. Peterson v. Baker, 504 F.3d 1331, 1336 (11th Cir.2007).

A. T.W.’s Disability

T.W. exhibited developmental and behavioral problems at an early age. T.W. was aggressive, threw temper tantrums, and was extremely sensitive to touch and noise. Professionals at the Kennedy Krieger Institute in Baltimore, Maryland, administered T.W.’s first formal psychiatric evaluation when he was five years old and diagnosed him with anxiety disorder. T.W. received psychiatric treatment from the Kennedy Krieger Institute for about a year and a half and later received treatment from Key Point Mental Health and Bayview Medical Center. Professionals at the Bayview Medical Center diagnosed T.W. with separation anxiety disorder, major depressive disorder, dysthymic disorder, receptive expressive language disorder, and eventually with pervasive developmental disorder. T.W. is verbal, but his receptive and expressive communication abilities are impaired, as are his coping abilities and interpersonal relationship skills.

As a student with a disability, T.W. was eligible for and received special education services at the public schools he attended. School officials initially classified T.W. as a student with a speech and language impairment. The officials later reclassified T.W. as a student with an emotional disturbance, and then as a student with autism or pervasive developmental disorder. T.W. exhibited several behavioral problems at the schools he attended in Baltimore, and these problems became more severe when he started middle school. T.W. struggled to obey rules, participate in class activities, and complete his work. He was aggressive toward himself and others; pushed, growled, and bit; threatened to blow up the school and to report false allegations of staff abuse; cursed; climbed on objects inappropriately; and scratched his head excessively. Crisis intervention staff at the middle school T.W. attended in Baltimore physically restrained him and removed him from the classroom on several occasions.

B. Incidents Leading to T.W.’s Complaint

When T.W. was fourteen years old, he and his mother moved from Baltimore to Orlando, Florida, to escape his mother’s abusive boyfriend. T.W. enrolled in the seventh grade at South Seminole Middle School in May 2004. T.W. was in Garrett’s [594]*594autism class from May 2004 until the end of that school year, and he returned to Garrett’s class for the eighth grade in August 2004. T.W. was in Garrett’s classroom in the afternoons; he spent the mornings in another teacher’s classroom.

Two aides assisted Garrett in the classroom. The first, Jennifer Rodriguez, assisted Garrett during both the spring and fall of 2004. The second, Sabrina Mort, assisted Garrett during the fall of 2004.

When T.W. enrolled at South Seminole in 2004, Garrett had been an autism teacher at the school for about four years. Garrett previously had taught mentally disabled students at Indian Trails Middle School, another school in Seminole County, for seven or eight years. In 1999 and 2000, administrators at Indian Trails received four complaints that Garrett had mistreated her students. Administrators at Indian Trails investigated three of these complaints and concluded that there was insufficient evidence to warrant disciplinary action against Garrett. The Professional Standards Division of the School Board investigated the fourth complaint in conjunction with a local law enforcement agency, but the investigation was unable to substantiate the complaint. Administrators also received complaints from parents that Garrett was “strict and rigid” and that she was aggressive in her tone and demeanor.

By March 2000, the executive director of middle schools for Seminole County was aware of “an escalating problem [of parental complaints] with Garrett.” He advised the superintendent to transfer Garrett from Indian Trails to a different school in Seminole County. In June 2000, the School Board approved Garrett’s transfer from Indian Trails to South Seminole. No one informed the principal of South Seminole about the complaints of abuse that had been lodged against Garrett at Indian Trails, and no one advised the principal to monitor Garrett for potential abuse.

Garrett engaged in a number of abusive behaviors while she was a teacher at South Seminole, several of which are relevant to this appeal. Garrett used profanity in her classroom daily and directed it at her students, including T.W. Garrett told T.W. that he stinks and called him lazy, an asshole, a pig, and a jerk. She frequently teased T.W. and agitated him until he became angry. Once, when Mort cautioned Garrett that she should “watch what she was saying because the kids could go home and tell the parents everything she said,” Garrett responded that the students “were all stupid shits and dumb asses and they would ... never go home and tell.” Mort testified that, at least once a week, Garrett would “pick and nag at [T.W.] until he would just get to the point where he just couldn’t take it anymore.” Garrett often restrained her students after doing something to upset or anger them.

Garrett had a reputation as a disciplinarian. She used physical force against several of her students, including T.W.

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610 F.3d 588, 2010 U.S. App. LEXIS 13215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tw-v-school-board-ca11-2010.