Doe v. Smith

470 F.3d 331

John DOE and Jane Doe, Plaintiffs-Appellants, v. Brady SMITH, Dianne Shepard, Kathryn Fletcher, et al., Defendants-Appellees.

No. 04-3421.

United States Court of Appeals, Seventh Circuit.

Argued September 21, 2005.

Decided November 28, 2006.

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Ellyn J. Bullock (argued), Nally, Bauer, Feinen, Bullock & Mann, Champaign, IL, for Plaintiffs-Appellants.

Joseph R. Vallort (argued), Timothy J. Young, Chilton Yambert Porter & Young, Chicago, IL, for Defendants-Appellees.

Before COFFEY, EVANS, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

This case involves disturbing allegations of child molestation committed by a public school official. John Doe and his mother Jane Doe contend that, while he was enrolled at Franklin Middle School in Champaign, Illinois, he was repeatedly molested by the school's Dean of Students, Brady Smith, and that Champaign Community Schools Unit District No. 4 and various school officials were deliberately indifferent to the abuse. The Does filed this lawsuit under Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), the Equal Protection and Due Process clauses of the Fourteenth Amendment to the United States Constitution, as enforced by 42 U.S.C. § 1983, and various provisions of Illinois law. Prior to trial, the district court granted summary judgment to the school district and the individually named defendants on the Does' section 1983 claims. At trial, a jury found no liability on the remaining claims.

We affirm summary judgment for the defendants on the Does' section 1983 claims against the school district and school officials (with the exception of Brady Smith), because Titles VI and IX provide adequate statutory recourse for the alleged discrimination. We also affirm the district court's decision to admit John Doe's criminal history, because it was relevant to his claim for compensatory damages.

However, we conclude the Does are entitled to a new trial for three reasons. The trial court erred when it: (1) granted summary judgment in favor of Brady Smith, because Titles VI and IX do not shield an alleged child molester from the prospect of individual liability for his constitutional tort, (2) excluded Smith's 2001 conviction for soliciting another middle school student for sex, and (3) denied the Does' motion to reconsider admitting a witness's testimony that Smith sexually abused him in the late 1970's. For these reasons, as discussed more fully below, we reverse and remand for a new trial on John Doe's section 1983 claim against Brady Smith and the Does' Titles VI and IX claims against the school district and school officials in their official capacities.

I. BACKGROUND

John Doe first enrolled at Franklin Middle School in 1993 as a sixth grader.¹ The parties do not dispute that Doe was a troubled child whose classroom conduct was disruptive at times. By Doe's seventh-grade year, Brady Smith, the school's Dean of Students, had taken what appeared to be a benign and constructive interest in the boy, often counseling Doe about his conduct and grades. In Doe's eighth-grade year, however, Smith's seemingly innocent conduct revealed his alleged ulterior motive. While supervising school-children before school, Smith would often seek out Doe on the playground and order him to Smith's office because he was a troublemaker.² At trial, Doe testified that he spent approximately ninety-five percent of his eighth-grade year in the dean's office, rather than in class. Smith never helped Doe with his homework or studies during these extended office visits; instead, according to the Does, Smith used the time to sexually groom John Doe.³

For instance, one Friday in February 1996, while in the dean's office, Smith invited Doe to have breakfast with him. This breakfast invitation, according to Doe, was the beginning of the molestation. At trial, Doe testified in detail about the first instance of sexual abuse. The two ate breakfast on a Saturday at a local restaurant and thereafter ended up at Smith's home, where they watched football. At some point during the game, Smith turned and said that Doe needed "therapy".⁴ When Doe asked what "therapy" meant, Smith pulled down the boy's pants, held Doe's hands behind his back, and performed oral sex on him. During the ride back to Doe's home, Smith instructed Doe that the "therapy" was their secret and directed him not to tell anyone. The following Monday, Smith ordered Doe to his office where he again reminded him not to tell anyone about the weekend's activities.⁵

Smith's attention to Doe persisted throughout Doe's eighth-grade year and into high school. It is undisputed that Smith gave Doe money and often bought him tennis shoes, video games, and sports tickets. At the end of his eighth-grade year, Smith told Doe that he needed more "therapy" to graduate from middle school.⁶ And, despite failing every class in the eighth grade, Doe was promoted to Central High School.

Perhaps the most egregious conduct Doe alleges occurred on October 4, 1996. Doe had been in an altercation with his gym teacher and landed himself in juvenile court for assault. Smith came to court and, according to Doe, before the hearing:

We went to a little section of the court-house and he said I was going to go to juvenile DOC but he could talk to somebody, the State's Attorney or somebody to help me but I had to agree for therapy for him to keep me out of prison.⁷

At the hearing, Doe received probation and, at the urging of Smith and the state's attorney, the juvenile court released him into Smith's custody, with the express understanding that Smith would take him to register for school.⁸ Doe left the courthouse with Smith but, rather than registering him for school as the court instructed, Smith took Doe to his home where he again performed oral sex on him.⁹

Smith often gave Doe (then 15 years old and without a driver's license) the keys to his truck in exchange for "therapy". The abusive relationship ended in October 1996 when Doe wrecked Smith's SUV. Possibly to fend off raised eyebrows and suspicions of impropriety, Smith reported the truck stolen, and Doe again found himself in juvenile detention. While there, Doe told his mother of the abuse and sent a hand-written letter to the juvenile court judge stating that he was finally ready to explain why he did not go to school.¹⁰

Smith was placed on administrative leave while the local police and the Illinois Department of Children and Family Services investigated Doe's allegations. Two weeks later, in early November 1996, despite an ongoing police and state agency investigation, Smith returned to work as the dean. Indeed, the school district's superintendent called Smith and welcomed him back without imposing any restrictions on his contact with students.¹¹ In contrast to the open arms the school district allegedly extended to Smith upon his return, Doe did not return to school after reporting the abuse. No attempt was made to inform his mother of his truancy; no support services were offered; and his school records were irretrievably lost. In January 1997, the state decided not to charge Smith with sexually abusing Doe.

Ultimately, both Smith and Doe were convicted of felonies. Smith was convicted in 2001 for soliciting another middle school student for a sex act. In 2001, an African American middle school student reported that, while in the dean's office, Smith told the boy he would give him $10 if the boy agreed to "show himself" in Smith's office. Another middle school student also reported to police that Smith had propositioned him for sex. Police subsequently obtained a wiretapped conversation corroborating the boys' stories. Smith was initially indicted for aggravated sexual assault, sexual misconduct, and indecent solicitation. However, those charges were dropped and Smith received probation for the remaining solicitation charge. Doe has amassed three felony drug convictions over the years.

In 2001, John Doe and his mother sued the Champaign Community Schools Unit District No. 4, Brady Smith, and the following school officials in their individual and official capacities: Michael Cain (the school district's assistant superintendent), Kathryn Fletcher (the principal at Franklin Middle School), Donald Hansen (the principal at Central High School), and Dianne Shepard (the dean at Central High School).¹² The Does sought relief under Titles VI and IX, 42 U.S.C. § 1983, as well as state law.

The district court granted summary judgment to the defendants on the Does' section 1983 claims, allowing their Titles VI and IX claims against the school district and pendent state law claims against Smith and the district to stand. Before trial, the district court ruled on several motions in limine. Two are relevant to this appeal: first, the district court denied the Does' motion to exclude John Doe's three felony drug convictions; in contrast, the district court granted the defendants' motion to exclude Smith's 2001 conviction for indecent solicitation of a child. Ten days before the originally scheduled trial date, after hearing about the Does' case in the media, another putative victim, Tyrone B, went to the police and reported that he too was molested by Smith as an adolescent in the late 1970's. The district court denied the Does' emergency motion to admit Tyrone B's testimony because they failed to disclose him as a potential witness. After the trial was delayed for eleven months, the Does asked the court to reconsider its earlier ruling excluding Tyrone B's testimony; the district court denied the motion to reconsider.

Four African American men, including John Doe, testified at trial that Smith sexually groomed and abused them as students at Franklin Middle School. The defendants countered that Smith's actions were benevolent, and the dean, only wanted to...