Brooks v. Skinner

139 F.Supp.3d 869

Austin Brooks, et al., Plaintiffs,

v.Susie Jane Skinner, et al., Defendants.

Case No. 1:14–cv–412

United States District Court, S.D. Ohio, Western Division.

Signed October 15, 2015

Eric A. Jones, Jones Law Group, Sonia T. Walker, Calig Law Firm, LLC, Columbus, OH, for Plaintiffs.

Ryan M. Laflamme, Ennis Britton Co., L.P.A., Cincinnati, OH, for Defendants.

ORDER

Karen L. Litkovitz, United States Magistrate Judge

Plaintiffs Austin Brooks ("Austin"), Vincent Brooks, on behalf of minor child A.B., and Randy Brooks, on behalf of minor child N.B., bring this racial discrimination action against defendants Ripley, Union, Lewis, Huntington School District and School Board ("RULH"), Martha Hasselbusch, and Susie Skinner under 42 U.S.C. § 1983 and Title VI of the Civil Rights Act of 1964 ("Title VI"), 42 U.S.C. § 2000d. This matter is before the Court on defendants' motion for summary judgment (Doc. 49), plaintiffs' response in opposition (Doc. 54), and defendants' reply memorandum (Doc. 59).

I. Background

Plaintiffs Austin and N.B. are biracial students who attended RULH schools. Plaintiff A.B. is a biracial student who still attends RULH High School. Defendant Hasselbusch was the principal of RULH Middle School during the 2011-12 school year. Defendant Skinner has been the principal of RULH High School since 2010.

Plaintiffs' complaint alleges that since the beginning of the 2011-12 school year they have experienced "frequent harassment on the basis of their race," which created a hostile educational environment. (Doc. 1 at ¶¶ 14-16, 38, 50, 56). Plaintiffs allege that the harassment occurred "on a daily basis." (Id. at ¶ 42). Plaintiffs allege that defendants were deliberately indifferent to the incidents of racial harassment and denied plaintiffs access to educational opportunities guaranteed under Title VI and equal protection on the basis of their race under the Fourteenth Amendment. (Id. at ¶¶ 41-47, 50-56).

II. Facts

A. RULH

RULH is a school district of approximately 960 students, a "small percentage" of whom are minority students. (Deposition of Linda Naylor, Doc. 45 at 10). RULH contains three schools, and the principals of those schools report to the school superintendent. (Id. at 20). Dr. Linda Naylor has been the superintendent of RULH since August 2013. (Id. at 8). Susie Skinner has been the principle of RULH High School since 2010. (Deposition of Susie Skinner, Doc. 48 at 5-6). Martha Hasselbusch was the principal of RULH Middle School during the 2011-12 school year. (Deposition of Martha Hasselbusch, Doc. 47 at 15). Betty Miller has been a bus driver for RULH since 1987 or 1988. (Deposition of Betty Miller, Doc. 46 at 6, 8). Miller testified that she would write up discipline referrals and give them to her supervisor or school officials, but she would not personally discipline students for disciplinary issues on the bus. (Id. at 13-14).

B. Austin ¹

Austin attended RULH school district until his graduation from high school in 2013. (Affidavit of Austin Brooks, Doc. 54-1, Exh. A at ¶ 1). He was 19 at the time of his deposition on May 28, 2015. (Deposition of Austin Brooks, Doc. 30 at 1, 6). In March 2012, Skinner told Austin that he "looked like a skunk with that hair." (Id. at 13). Austin testified that Skinner frequently told him that he "looked like a skunk with that hair" because he had dyed a blonde stripe down the middle of his hair. (Id. ). Austin frequently told Skinner not to make such statements. (Id. at 14). While he was not aware that "skunk" was a racial slur, he felt that Skinner's comment was racially motivated because "[i]t was always [him] that she picked on. She never said anything to anybody else." (Id. at 14-15). Austin testified that Skinner would often ask, "Why are you bringing up the race card?" in circumstances where Austin had not said anything about race. (Id. at 16). Skinner admitted making the race-card comment to Austin. (Doc. 48 at 65).

Austin further testified that in the 2007-08 school year, when he was in the seventh grade, D.A. called him a "nigger." (Doc. 30 at 17-18). In response, Austin called D.A. a "honky." (Id. at 17). Austin indicated that after he reported the incident he received an in-school suspension, but D.A. was not disciplined. (Id. at 17-18; Doc. 54-1, Exh. A at ¶ 4). He testified that he did not report additional incidents of racism to school authorities because "[n]othing happened" when he did report. (Doc. 30 at 21). He told Ms. Puckett, his Freshman English teacher, that "people were making racial slurs," but "nobody would get in trouble." (Id. at 21-22).

Austin states that in 2008, when he was in the eighth grade, a white student pulled down Austin's pants. (Doc. 54-1, Exh. A at ¶ 3). Austin called the white student a "fag," and the white student "swung at [him]." Austin hit the white student, was suspended for three days, and was kicked off the basketball team. D.A., a white student, was suspended that year as well, but was not kicked off the basketball team. (Id. ).

Austin further states that in 2009 Ms. Puckett said "nigger" in class. (Id. at ¶ 5). During the 2010-11 school year, another teacher named Mr. Stanfield referred to Austin as "8-ball" on many different occasions. (Id. at ¶ 6). Austin does not indicate that he reported these incidents. (See generally Doc. 54-1, Exh. A). Finally, Austin attests that during his senior year, his basketball coach kicked him off the team for having a bad attitude, but Austin does not indicate that this was related to race. (Id. at ¶ 7).

C. A.B.

A.B. is Austin's younger sister. (Deposition of A.B. (part 1), Doc. 28 at 15). She was 16 at the time of her deposition on May 28, 2015. (Id. at 1, 7). A.B. attests that on August 29, 2011, she reported to Betty Miller, her bus driver, that A.T. said the "N-word" on the bus. (Affidavit of A.B., Doc. 54-5, Exh. E at ¶ 3). The next day, Miller made A.B. and N.B. sit at the front of the bus. This made A.B. angry because "the student saying the racist words wasn't made to sit in the front, but [she] was for reporting him." (Id. ). Defendant Hasselbusch indicated that on August 29, 2011, she received a letter from Randy Brooks, N.B.'s father, stating that A.T. was "bothering" N.B. on the bus. (Defendants' Responses to Plaintiffs' Interrogatories, Doc. 49-1, Exh. C). After receiving the letter, Hasselbusch met with N.B. and A.T., and N.B. told her that A.T. had called him a "bad name" on the bus, which A.T. denied. A.T.'s mother told Hasselbusch that N.B. was "bothering" A.T. and had threatened to "beat up" A.T. Hasselbusch warned both N.B. and A.T. to leave each other alone, contacted their parents, referred the students to the school counselor, and directed the bus drivers to keep a closer eye on them. (Id. ).

On October 4, 2011, A.B. reported that L.J. said "peace out nigga" as she left the locker room for gym class. (Deposition of A.B. (part 2), Doc. 29 at 59-60; Defendants' Responses to Plaintiffs' Interrogatories, Doc. 54-9, Exh. I). In response to this incident, Hasselbusch met with L.J., gave her a verbal warning for inappropriate language, assigned her detentions, and contacted her mother. (Doc. 54-9, Exh. I). A.B. also received an apology letter from L.J. (Doc. 29 at 59; Doc. 54-9, Exh. I).

In October 2011, A.T. used the "N word" on the bus. (Discipline Referral of A.T. dated Oct. 7, 2011, Doc. 49-1, Exh. G). In response, Hasselbusch held a conference with all the students involved and their parents. She also indicated that "N.B. and his brother must have an assigned seat at front of bus. (This was a directive from the 8/29/11 incident.)" Finally, she directed the bus driver to issue a disciplinary referral if N.B. refused to stay in his assigned seat. (Id. ). A.B. testified that during this incident A.T. made racial insults to both her and N.B. (Doc. 28 at 33). Defendant Hasselbusch indicated that on October 6, 2011, A.B. reported she overheard A.T. say "nigger" on the bus. (Doc. 49-1, Exh. C). Hasselbusch met with A.T., contacted his mother, gave him a verbal warning for inappropriate language, assigned him detentions, referred him to the school counselor, and set up a mentorship for him with a local police officer. Hasselbusch further indicated that A.T. also wrote an apology letter to A.B. (Id. ).

On November 28, 2011, A.B. received a one-day suspension for "[a]ssault/ [m]enacing/[i]ntimidation." (Letter to Mr. Vincent Brooks and Notice of Intended Suspension, both dated Nov. 28, 2011, Doc. 54-6, Exh. G). A.B. testified that L.J. was bullying S.B., A.B.'s eight-year-old cousin. (Doc. 28 at 37; Doc. 29 at 101). John Brooks, who was S.B.'s father and A.B.'s uncle, approached A.B. and said he would pay A.B. to beat up L.J. if the bullying continued.² (Doc. 28 at 37-38). A.B. testified that her uncle was not serious, but A.B. told C.B. that she would beat up L.J. once she got off her crutches. (Id. at 38-39). Hasselbusch indicated that A.B. admitted that John Brooks had given her money to beat up L.J. (Doc. 54-9, Exh. I). Hasselbusch called the police. (Ohio Uniform Incident Report dated Nov. 28, 2011, Doc. 54-8, Exh. H). A.B. testified that she was charged as an unruly child as a result of this incident. (Doc. 28 at 40). She further testified that the charges were dismissed at the initial hearing when the judge told her "they didn't see a reason for [her] to be there." (Id. at 44-45). A journal entry from the juvenile case indicates that the juvenile court granted the prosecution's motion to dismiss the case against A.B. on December 27, 2011. (Journal Entry in Case No. DL20112290, Doc. 54-10, Exh. J).

On January 10, 2012, Hasselbusch again called the police and reported that she had heard from two students that A.B. had threatened to beat up L.J. (Ohio Uniform Incident Report dated Jan. 10, 2012, Doc. 54-8, Exh. H). A.B. received a three-day suspension related to this incident. (Letter to Mr. Vincent Brooks dated Jan. 11, 2012, Notice of Intended Suspension dated ...