Battle v. Haywood Cnty. Bd. of Educ.

DORIS S. BATTLE, Plaintiff,

v.HAYWOOD COUNTY BOARD OF EDUCATION, Defendant.

No. 10-1024

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

ORDERED: October 12, 2011

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

The Plaintiff, Doris S. Battle, brought this action against the Defendant, Haywood County, Tennessee Board of Education (the "Board"), on February 1, 2010 alleging violations of 42 U.S.C. §§ 1981, 1983 and 2000e, violation of the Tennessee Human Rights Act, Tennessee Code Annotated § 4-21-101, et seq. ("THRA"), and common law retaliation. Before the Court is the Defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

STANDARD OF REVIEW

Rule 56 provides in pertinent part that "[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). "To survive summary judgment, the nonmoving party must come forward with specific facts showing that there is a genuine issue for trial." Pucci v. Nineteenth Dist. Ct., 628 F.3d 752, 759-60 (6th Cir. 2010) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986)) (internal quotation marks omitted). "A genuine issue of material fact exists if a reasonable jurorcould return a verdict for the nonmoving party." Id. at 759 (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986)). "The district court must construe the evidence and draw all reasonable inferences in favor of the nonmoving party." American Civil Liberties Union of Ky. v. Grayson Cnty., Ky., 591 F.3d 837, 843 (6th Cir. 2010) (citing Matsushita Elec. Indus. Co., 475 U.S. at 587, 106 S. Ct. 1348), reh'g denied, 605 F.3d 426 (May 14, 2010). "Entry of summary judgment is appropriate 'against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.'" In re Morris, 260 F.3d 654, 665 (6th Cir. 2001) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986)).

FACTS

The facts construed in the light most favorable to the nonmoving party are as follows. The Board is a governmental entity responsible for oversight and control of the Haywood County school system. (Pl.'s Resp. to Def.'s Statement of Material Facts ¶ 2.) Battle was hired by the Defendant in 1983 as a kindergarten teacher at East Side Elementary School in Brownsville, Tennessee. (Compl. ¶ 10; Pl.'s Not. of Filing of Exs. in Opp'n to Def.'s Mot. for Summ. J., Ex. I (Resume of Doris S. Battle).) Over the years, she was promoted to the positions of assistant principal, principal, assistant director of schools and interim director of schools, where she remained until her resignation in 2008. (Compl. ¶ 10.) The Plaintiff became assistant director of schools in 1997. (Pl.'s Not. of Filing of Exs. in Opp'n to Def.'s Mot. for Summ. J., Ex. I (Resume of Doris S. Battle).) In that capacity, she worked under director of schools George Chapman from 2000 until his retirement in April 2008. (Pl.'s Resp. to Def.'s Statement of Material Facts ¶ 3.)

On April 28, 2008, the Board was comprised of Chairperson Patricia Gruenewald andmembers Harold Garrett, Joe Barden IV, Pearlie Hess and Robbie King. (Def.'s Mot. for Summ. J., Ex. A (Minutes of Bd. Mtg. Apr. 28, 2008).) At a Board meeting on that date, a motion was passed to accept Chapman's retirement as of August 26, 2008. (Id.)

Board policy listed certain qualifications for the director of schools: a professional educator's license, a master's degree in education with preference for a doctorate degree, three years of successful experience in school administration and "[s]uch other qualifications as the Board deems desirable." (Pl.'s Not. of Filing of Exs. in Opp'n to Def.'s Mot. for Summ. J., Ex. G (Bd. Policy No. 5.802.).) The Board also had a policy with respect to recruitment and selection of the director of schools, issued April 8, 2008, which provided as follows:

When a vacancy occurs, the appointment of a director of schools is a function of the Board. The Board is responsible for finding the person it believes can most effectively translate into action the policies of the Board and the goals of the community and the professional staff.

The Board may employ a consultant to advise and assist the Board in the search and selection process. However, a final selection shall rest with the Board after a thorough consideration of qualified applicants. An interim director of schools appointed during the time of a search shall not become a candidate unless the Board expressly permits such inclusion in the selection procedures. A board member may not apply or in any other way be considered for the position of director of schools.

Prior to conducting a search to fill the position, the Board shall initially develop the following:

• a job description

• a timeline

• a process for accepting and reviewing applications

• selection procedures which shall include, but not be limited to, the following:

1. The Board may invite the community, including board employees, to participate in the process of selecting a director of schools. Resumes of persons interviewed by the Board shall be available in the central office for public inspection.

2. The interview process for each finalist shall include meetings withvarious staff and community groups and an interview with the entire board.

3. Candidates shall be interviewed by the Board in an open session. Only board members will be allowed to ask questions during the interview.

4. The Board will attempt to select a director by unanimous vote, but a two-thirds vote of the membership of the board shall be required for the appointment of a director of schools.

(Def.'s Mot. for Summ. J., Ex. C (Bd. Policy No. 5.801.).) (internal footnotes omitted).

A motion was also approved at the April 28, 2008 meeting to run advertisements for Chapman's replacement in local newspapers, including the Brownsville States Graphic, the Jackson[, Tennessee] Sun and the Memphis, Tennessee Commercial Appeal. (Def.'s Mot. for Summ. J., Ex. A (Minutes of Bd. Mtg. Apr. 28, 2008).) In a May 6, 2008 Board meeting, Garrett moved to hire the Tennessee Schools Boards Association ("TSBA" or the "Association") to conduct a search for a new director at a cost of $8,500. (Id., Ex. B (Minutes of Bd. Mtg. May 6, 2008).) The motion failed. (Id., Ex. B) According to its executive director, Tammy Grissom, TSBA is a non-profit private service organization which school boards in the state of Tennessee may voluntarily join. (Id., Ex. 36 (Dep. of Tammy Grissom ("Grissom Dep.")) at 6-7.) Upon the payment of dues, members have access to legislative, policy, superintendent search and superintendent evaluation services, as well as labor relations information, meetings, workshops, board retreats and board evaluations. (Id. at 7.)

When a school board makes a request for assistance in locating a director of schools, the Association first conducts a series of community meetings in order to gather the input of principals, teachers, parents, county commissions, mayors, business officials and other interested persons on three questions: (1) "[w]hat are the good things that are going on in this county that you would liketo see continued;" (2) "what are the problems or challenges a new director will face coming into the system;" and (3) "what are the personal characteristics you would like to see in a new director." (Id. at 8-10.) Forms are distributed listing some twenty-seven personal characteristics and participants are asked to rank them in importance. (Id. at 10.) In these meetings, members of the community are free to recommend candidates for the position. (Id. at 9.)

The Association then compiles an interim report summarizing the rankings and participants' comments. (Id. at 10, 19-20.) The report is used to develop a set of proposed criteria for selecting a new director to be reviewed by the local board, which may accept, reject or modify it. (Id. at 10-11.) After a criteria is adopted, the TSBA advertises the position and sets a timeline for reporting back to the local board regarding finalists. (Id. at 11.) The Association accepts applications, which are screened by a search committee according to the criteria adopted by the local board. (Id.) Unsuccessful applicants are notified by a form letter. (Id. at 29.)

At a May 13, 2008 meeting, Garrett proposed that the Board reconsider enlisting the assistance of TSBA in the hiring of a director of schools. (Def.'s Mot. for Summ. J., Ex. D (Minutes of May 13, 2008 Board meeting).) Robbie King reported to the Board that

she is receiving calls from citizens in all the districts stating that they are in favor of hiring TSBA to conduct the search for the Director of Schools and that was the bottom line, there should be no hidden agendas, the community has lost confidence in the process and that they could still end up with the same candidate, hates to spend unnecessarily [sic] money, wants the confidence of the new Board, this process keeps the person from being hidden, removes the political agenda, it's a new generation with new ideas, new thoughts, they want to be involved and the Board should respect their constituents and their views.

(Id., Ex. D.) Gruenewald added that

she was concerned about antagonism, we all love our children, we want the best, whatever decision the Board makes we should come together, the community will not grow if is [sic] bitter and angry, and that during her quiet time she read a quote

from Dr. Martin Luther King that she would like to share. The quote reads: "Cowardice asks the question, 'Is it safe?' Expediency asks the question, 'Is it polite?' But conscience asks the question, 'Is it right?' And

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