Clark v. La Marque I.S.D.

184 F.Supp.2d 606

Trev CLARK, Plaintiff, v. LA MARQUE I.S.D., Russel E. Washington, Jr., individually and in his capacity as Chief of Police for La Marque I.S.D., and Ben Cavil,individually and in his official capacity as Assistant Superintendent of Administration for La Marque I.S.D., Defendants.

No. Civ.A. G-99-668.

United States District Court, S.D. Texas, Galveston Division.

January 4, 2002.

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George M. Kirk, Jr., Houston, TX, for plaintiff.

Tom M. Davis, Jr., Matthew C. Guilfoyle, Davis Oretsky, Houston, TX, Catherine Hale Herrington, Daw & Ray, Houston, TX, for defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

KENT, District Judge.

Plaintiff Trev Clark ("Clark") brings this malicious prosecution and civil conspiracy lawsuit against Defendants La Marque Independent School District ("LMISD"), Russel E. Washington, Jr. ("Washington"), individually and in his official capacity as Chief of Police for LMISD, and Ben Cavil ("Cavil"), individually and in his official capacity as Assistant Superintendent of Administration for LMISD, pursuant to 42 U.S.C. §§ 1981, 1983 and 1985 and Texas state law. Now before the Court is Defendants' Motion for Summary Judgment on grounds that Clark's claims against them are wholly without merit. For the reasons articulated below, Defendants' Motion for Summary Judgment is hereby GRANTED.

I.

Clark, a former LMISD history teacher and football coach, originally filed this lawsuit against Defendants in the 122nd Judicial District Court of Galveston, Texas on September 9, 1999. In his Original Petition, Clark alleges that he was falsely accused by Amy Castillo ("Castillo"), a female student, and Defendants of having an improper relationship with Castillo during the 1995-96 school year. Clark further alleges that Defendants proceeded to pursue his criminal indictment and felony prosecution for sexual assault of a minor, all the while ignoring "voluminous exculpatory evidence" that established Clark's innocence. Finally, Clark alleges that Washington and Cavil withheld exclupatory evidence during his criminal trial and initiated school district termination proceedings against Clark in an effort to bolster the criminal charges levied against him. Defendants subsequently removed the lawsuit to this Court on October 29, 1999.

II.

Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). When one party moves for summary judgment, the nonmoving party must set forth specific facts showing that there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Issues of material fact are "genuine" only if they require resolution by a trier of fact. See id. at 248, 106 S.Ct. at 2510. The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. Only disputes over facts that might affect the outcome of the lawsuit under governing law will preclude the entry of summary judgment. See id. at 247-48, 106 S.Ct. at 2510. Nevertheless, if the evidence is such that a reasonable fact-finder could find in favor of the nonmoving party, summary judgment should not be granted. See id.; see also Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Dixon v. State Farm Fire & Cas. Co., 799 F.Supp. 691 (S.D.Tex. 1992) (noting that summary judgment is inappropriate if the evidence could lead to different factual findings and conclusions). Determining credibility, weighing evidence, and drawing reasonable inferences are left to the trier of fact. See Anderson, 477 U.S. at 255, 106 S.Ct. at 2513.

III.

Section 1981 provides that all persons in the United States shall have the same contractual rights as white citizens. See 42 U.S.C. § 1981. Claims of racial discrimination brought under § 1981 are governed by the same evidentiary framework applicable to claims of employment discrimination brought under Title VII. See LaPierre v. Benson Nissan, Inc., 86 F.3d 444, 448 n. 2 (5th Cir.1996). This evidentiary framework, established by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), requires the plaintiff to prove a prima facie case of discrimination by a preponderance of the evidence. See id. at 802, 93 S.Ct. at 1824. In order to establish a prima facie case, the plaintiff must show that (1) he is a member of a protected class, (2) he was qualified for the position, (3) he suffered an adverse employment action, and (4) his employer sought to replace him with a similarly qualified white employee. See Pratt v. City of Houston, 247 F.3d 601, 606 (5th Cir.2001).

Clark's argument that the conduct upon which his malicious prosecution claim is based may also give rise to a violation of 42 U.S.C. § 1981 necessarily fails because he has not established a prima facie case of discrimination.¹ Most notably, Clark makes no allegation that any of the challenged conduct was motivated by racial considerations. Furthermore, Clark fails to provide any evidence indicating that LMISD sought to replace him with a similarly qualified white employee after his termination. Accordingly, Defendants' Motion for Summary Judgment is hereby GRANTED with respect to Clark's claims brought pursuant to 42 U.S.C. § 1981.

IV.

To state a claim under 42 U.S.C. § 1985(3), a plaintiff must allege: (1) a conspiracy involving two or more persons; (2) for the purpose of depriving him directly or indirectly, a person or class of persons of the equal protection of the laws; and (3) an act in furtherance of the conspiracy; (4) which causes injury to a person or property, or a deprivation of any right or privilege of a citizen of the United States. Hilliard v. Ferguson, 30 F.3d 649 652-53 (5th Cir.1994) (citing Deubert v. Gulf Fed. Sav. Bank, 820 F.2d 754, 757 (5th Cir.1987)); see also United Bhd. of Carpenters and Joiners of Am., Local 610 v. Scott, 463 U.S. 825, 828-29, 103 S.Ct. 3352, 3356, 77 L.Ed.2d 1049 (1994). In doing so, the plaintiff must also show that the conspiracy was motivated by a class-based animus. Hilliard, 30 F.3d at 653 (citing Burns-Toole v. Byrne, 11 F.3d 1270, 1276 (5th Cir.), cert. denied, 512 U.S. 1207, 114 S.Ct. 2680, 129 L.Ed.2d 814 (1994)).

Clark alleges that Washington, Cavil and LMISD conspired to deprive him of his civil rights in violation of § 1985. Clark's conspiracy claim fails, however, because a school and its officials constitute a single legal entity which cannot conspire with itself. See Hilliard, 30 F.3d at 653 (applying the long-standing rule that a "corporation cannot conspire with itself" in the context of a school board); Hankins v. Dallas Indep. Sch. Dist., 698 F.Supp. 1323, 1330 (N.D.Tex.1988) (high school and its officials constitute a single entity incapable of conspiring with itself); Zentgraf v. Texas A & M Univ., 492 F.Supp. 265, 272-273 (D.C.Tex.1980) ("the University and its officials constitute a single legal entity which cannot conspire with itself in violation of § 1985"). Clark only alleges actions by school officials in connection with school affairs. Accordingly, the Court concludes that, as a matter of law, no conspiracy among the Defendants could have existed.² Thus, Defendants' Motion for Summary Judgment is hereby GRANTED with respect to Clark's claims brought pursuant to 42 U.S.C. § 1985.

V.

Section 1983 provides a cause of action against "[e]very person who, under color of any statute ... of any State ... subjects, or causes to be subjected, any citizen ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws...." 42 U.S.C. § 1983; see also Moore v. Willis Indep. Sch. Dist., 233 F.3d 871, 874 (5th Cir.2000) (citing Leffall v. Dallas Indep. Sch. Dist., 28 F.3d 521, 525 (5th Cir.1994)).

§ 1983 Claim Against LMISD

Clark's attempt to establish a valid § 1983 cause of action against LMISD fails as a matter of law. Section 1983 only provides a cause of action against local governmental units when the allegedly improper action was taken pursuant to an official policy or governmental custom. See Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 2035-36, 56 L.Ed.2d 611 (1978). However, Clark makes absolutely no reference to any LMISD policy or custom in his Original Petition or in his Response to Defendants' Motion for Summary Judgment. Moreover, the Supreme Court's Monell decision clearly bars governmental liability under § 1983 when the liability is premised upon a theory of respondeat superior. 436 U.S. at 694, 98 S.Ct. at 2037; see also Leffall, 28 F.3d at 525; Voorhies v. Conroe Indep. Sch. Dist., 610 F.Supp. 868, 870 (S.D.Tex.1985). Given that Clark bases his claims against LMISD solely on the conduct of Washington and Cavil, Defendants' Motion for Summary Judgment is hereby GRANTED with respect to the § 1983 claim against Defendant LMISD.

Official Capacity Claims Against Washington and Cavil

It is well settled that a judgment against a public servant "in his official capacity" imposes liability on the entity that he represents. See Monell, 436 U.S. at 691 n. 55, 98 S.Ct. at 2036 n. 55 (indicating that "official-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent"); Turner v. Houma Mun. Fire and Police Civil Serv., 229 F.3d 478, 483 (5th Cir.2000); Welch v. Laney, 57 F.3d 1004, 1007 (11th Cir.1995); Shuford v. Alabama State Bd. of Educ., 968 F.Supp. 1486, 1515 (M.D.Ala.1997). The Supreme Court discussed this proposition in Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985),...