Lockhart v. Marietta City Sch.

MELANIE LOCKHART, Plaintiff, v. MARIETTA CITY SCHOOLS, et al., Defendants.

Civil Action 2:19-cv-2935

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

November 18, 2020

Magistrate Judge Jolson

OPINION AND ORDER

This matter, in which the parties have consented to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c) (Doc. 11), is before the Court on Defendants William Hampton's and Marietta City School's Motion for Summary Judgment (Doc. 34) and Motion for Leave to File Supplemental Reply (Doc. 67). For the reasons that follow, Defendants' Motion for Summary Judgment (Doc. 34) is GRANTED. Defendants' Motion for Leave to File Supplemental Reply (Doc. 67) is DENIED.

I. BACKGROUND

Plaintiff Melanie Lockhart is a former middle school physical education teacher for the Marietta City School District ("the District"). Plaintiff worked for the District for nearly twenty years before she was terminated in February 2019. (See Doc. 48 at 12:4-23). The events leading to her termination began roughly a year earlier, on Saturday, January 13, 2018, while she shoveled snow for her neighbor.

A. January 13, 2018: The Shoveling Incident

While shoveling snow on the morning of January 13, 2018, Plaintiff believes she lost control of her body, and a "supernatural power" lifted her and moved her roughly ten feet away. (Id., 22:1-24:14). Months later, at her deposition, she elaborated:

I was going down a tunnel and-or a well, and I said, "I'm not afraid to die. I just want to know is it going to hurt?" . . . And I kept falling faster and faster. And I just said "Oh dear Lord. Please save me." . . . I thought—that's what I thought was going to happen. And I fell through a red eye. I went through an eye and it exploded. And that's when all of a sudden the light, whiteness came to. I can't remember everything in terms of order. But the darkness and the—the—the—the bars had me to the ground. They had me pinned. And it hurt so bad. I just kept saying, "Oh dear Lord. It hurts." And eventually I could finally move. I couldn't move. It was like one bar lifting at a time. . . .

(Id., 25:12-26:6). Plaintiff's three children eventually found her. (Id., 27:25-28:7). Plaintiff believes the "spirit of the Lord" "healed" her that morning and saved her from damnation. (Id., 30:15-31:8). The following Monday through Thursday were snow days, so Plaintiff did not return to work until Friday, January 19. (Id., 31:13-19).

B. January 19-23, 2018: Return to Work

Back at school, Plaintiff eagerly shared her experience with students and staff. She told her entire class about it, (id., 47:5-12), and sought out Principal Brittany Schob to share her story, (id., 50:25-51:12; Doc. 51, 25:4-21). Principal Schob later testified that Plaintiff "said that since [her experience] her pain had gone away, and the only way that she could keep her pain away was if she continued to tell people about her episode." (Doc. 51, 25:18-21). Throughout the day, Plaintiff continued to describe her experience for students and staff, keeping a group of eighth grade students late after class. (Id., 28:20-29:1). Principal Schob did not discipline or otherwise warn Plaintiff regarding her conduct at that time. (Doc. 51, 31:1-3).

Plaintiff's discussions with students extended beyond school hours. That evening and over the weekend, she exchanged emails with two students who said they were interested in learning more about Plaintiff's experience. (Id., 52:21-53:1). One student told Plaintiff that her "story really moved" her, and she "feel[s] like [she] is the person [Plaintiff] [was] talking about[.]" (Doc. 41). Plaintiff responded:

I am so moved that I touched you and if you wonder if I am talking about you, then chances are that I am. He does not tell me who, he only tells me what to say so that person will know he is talking to them. I will say I locked eyes and was drawn to several students in the group. I did not know why he was drawing me to lock in on them, but I know now. Of the students I kept being drawn too [sic], 5 of you have spoke [sic] to me. How freaky is that! Yes I have cried with understanding as to why he is using me to tell my story. I had visions last night from him and I did not fully understand until I opened my email this morning. My work is not done and I can not tell you if I will give you the answers you are seeking bit [sic] looking forward to our meeting.

I had a vision that I will be flooded with students seeking me out next week. Even students that was [sic] not in the group. I do not know if this vision is correct but I believe it is as I was told to go and tell Mrs. Schob what has happen [sic] with me and what was going to happen so she would understand why students will be asking teachers to come talk with me. I am not sure of [sic] I am ready for what is to come, but knowing I will be able to handle it makes the process easier. Thank you for reaching out to me and wanting to listen to what I was to tell you. He has given me a gift and I feel so blessed that he has chosen me. Hope you are enjoying this beautiful day.

Mrs. L

(Id.).

Another student wrote to Plaintiff, telling her she "sparked something in several of [her] students," and was "inspired" by Plaintiff "allowing god to use [her] to speak to others." (Doc. 42). Plaintiff wrote back:

I must say WOW. I need you to know that your words are spoken well and he is VERY PROUD of you. As we were in the group, he had me drawn to a few students in that group. YOU being the first. I was not sure why I was drawn to you but I know now. He was very pleased to see you light up and eager to listen as I began to talk. He knew you understood from your beautiful smile. Of the students that I was drawn to, 5 of you have spoken to me. There is one left. I do not know if the person that you are speaking of is the other person that I was drawn to. May I ask if it was a boy or a girl? If it was a boy, I believe I know who it was. You pleased him with your actions of seeking out and talking to that student. He wants you to know that you did NOT sound foolish!! He wants you to know that he is speaking through you to them. That is why he allows me to tell people that I may sound crazy when I start to talk. He wants me to assure them that I know it is not normal to be able to say things that I do not know personally, yet I tell them what they are feeling, doubting or fearing.

He has showed me visions of me touching students [sic] lives, several lives at that. He showed me that I am going to have students ask to come and see me.

Yes, even students that was [sic] not even in the group. . .

(Id.).

On Monday, January 22, a concerned parent told Principal Schob that Plaintiff had a troubling conversation with her daughter regarding Plaintiff's visions. (Doc. 51, 31:16-32:24). Principal Schob cautioned Plaintiff that morning, telling her to be careful and suggesting after-school programs where she could more appropriately discuss her beliefs. (Id., 33:18-35:2). At her deposition, Principal Schob testified that, during this exchange, Plaintiff said, "she could feel what was happening inside of me, and my thoughts, and she put her hand on my hand, so she asked to hold my hand during that time so she could feel what I was feeling." (Id., 34:12-16).

Principal Schob grew more concerned. And that evening, when she attended a Marietta Board of Education ("Board") meeting, she asked the District's Superintendent, William Hampton, if they could meet. (Id., 39:5-9; see also Doc. 50 at 41:14-42:6). The two met the next morning and discussed Plaintiff's recent behavior. (Doc. 51, 39:24-40: 1). Superintendent Hampton instructed Principal Schob to keep him updated while he considered next steps. (Id., 40:13-43:5).

Principal Schob and Assistant Principal Tim Fleming then met with Plaintiff. (Id., 44:10- 12). Despite their concerns and warnings, Plaintiff told them not to worry and that the school would make "national news," a statement Principal Schob and Assistant Principal Fleming both found alarming. (Id., 44:13-22; Doc. 48, 77:13-16). Principal Schob immediately called Superintendent Hampton, who held a meeting with District administrators and Plaintiff that afternoon. (Doc. 51, 45:18-24).

At the meeting, Plaintiff appeared "excited" to share her experience and "kept repeating that she was going to make national news, that we were going to go to court," and "that we would all be there." (Id., 58:13-25). Principal Schob later testified that she was concerned about Plaintiff's "state of mind," (id., 59:20-21), and Superintendent Hampton described the meeting as "bizarre," (Doc. 50, 58:25). School administrators questioned Plaintiff about any medications ordrug use, and Plaintiff said she smoked marijuana in June 2017 and used CBD oil for pain relief. (Doc. 51, 59:24-63:7).

After meeting for roughly two hours, Superintendent Hampton placed Plaintiff on paid administrative leave. (Id., 64:2-6). He handed her an official letter to that effect, which provided in relevant part:

During this period of leave . . . You are not to communicate by any means, or through any other person, with the students of the Marietta City Schools or their parents/families regarding your employment. You must not engage in any communications with other Marietta City School District employees on matters related to your employment, this investigation, or this leave; except that, you may communicate with union representatives. If you violate this directive, it will constitute insubordination and may result in disciplinary action up to and including termination of your employment.

(Doc. 50-10).

C. January 24, 2018: Police Report and Subsequent Events

The next day, January 24, Principal Schob and Superintendent Hampton received a call from the Washington County Sheriff's Office. (Id., 86:11-21). Apparently, a concerned citizen contacted law enforcement about one of Plaintiff's recent Facebook posts, which stated:

I NEED you ALL, to know

...