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Jefferson v. Ysleta Independent School Dist

United States Court of Appeals, Fifth Circuit
May 20, 1987
817 F.2d 303 (5th Cir. 1987)

Summary

holding that the denial of a Rule 12(b) motion to dismiss based on qualified immunity "poses solely a question of law . . ."

Summary of this case from John Doe v. Hillsboro Independent School Dist

Opinion

No. 86-1097.

May 20, 1987.

Edward W. Dunbar, Mark Berry, El Paso, Tex., for defendants-appellants.

Thomas A. Spieczny, El Paso, Tex., for plaintiffs-appellees.

Appeal from the United States District Court for the Western District of Texas.

Before GEE, POLITZ, and WILLIAMS, Circuit Judges.


In this 42 U.S.C. § 1983 case the district court denied defendants' Fed.R.Civ.P. 12(b)(6) motion to dismiss based on the plaintiffs' failure to state a claim upon which relief could be granted and the defendants' plea of qualified immunity. Because it poses solely a question of law, the ruling on qualified immunity is appealable, Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1986). Finding that the pleadings allege conduct which "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known," Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982), we affirm.

Contextual Facts

The allegations of the complaint, which for purposes of a Rule 12(b)(6) motion are assumed correct, present the following scenario. Jardine Jefferson, the eight-year-old daughter of complainants Dwight and Karen Jefferson, was a student at Glen Cove Elementary School, part of the Ysleta Independent School District, El Paso, Texas. Dr. Dick Gore was principal of the school and Cynthia Goodman was Jardine's second-grade teacher.

On January 30 and 31, 1985, Ms. Goodman tied Jardine to a chair, using a jump rope and securing her by the waist and legs. During the first day Jardine was tied to the chair for the entire school day, except for the lunch hour. On the second day Jardine was tied to the chair for protracted periods. While tied, Jardine was denied access to the bathroom. This treatment, which no other student received, was not for punishment but was part of an instructional technique imposed by school policy. The pleadings allege that as a consequence of this exercise Jardine suffered humiliation and mental anguish, and was impaired in her ability to study productively.

In addition to several state law causes of action, the complainants invoked 42 U.S.C. § 1983, alleging that Gore, Goodman, and the school district violated the rights secured to Jardine by the fourth, fifth, eighth, and fourteenth amendments. The defendants moved to dismiss claiming that the allegations did not state a cause upon which relief could be granted. This part of the motion was denied and is not subject to an interlocutory appeal. In addition, defendants claimed qualified immunity. This denial, based exclusively on an issue of law, is immediately appealable under the special exception enunciated in Mitchell v. Forsyth, applying the rule of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed.2d 1528 (1949), to denial of a claim of qualified immunity. See Jacquez v. Procunier, 801 F.2d 789 (5th Cir. 1986).

Analysis

The defense of qualified immunity protects a public official from liability in the performance of his duties unless he violates a clearly established statutory or constitutional right of another known to or knowable by a reasonable person. Harlow v. Fitzgerald. The principal and teacher defendants are thus immune from civil liability to Jardine unless their alleged conduct, tying Jardine to her chair in the classroom for nearly two days, violated one or more of Jardine's constitutional or statutory rights of which they reasonably should have been aware. In making this inquiry at this early stage of the proceeding, we focus "not on the defendant's actions but on the right allegedly violated." Bonitz v. Fair, 804 F.2d 164, 167 (1st Cir. 1986).

The facts alleged, if proven, would implicate, inter alia, Jardine's fifth and fourteenth amendment rights to substantive due process, specifically her right to be free from bodily restraint. We have stated that "[t]he right to be free of state-occasioned damage to a person's bodily integrity is protected by the fourteenth amendment guarantee of due process." Schillingford v. Holmes, 634 F.2d 263, 265 (5th Cir. 1981) ( citing Hall v. Tawney, 621 F.2d 607, 613 (4th Cir. 1980)). The same applies to state-occasioned restraints which are not justified by the victim's conduct or other extenuating circumstances.

In determining what a reasonable teacher should know in this instance, it is not necessary to point to a precedent which is factually on all-fours with the case at bar. It suffices that the teacher be aware of general, well-developed legal principles. Cf. Sourbeer v. Robinson, 791 F.2d 1094 (3d Cir. 1986), cert. denied, ___ U.S. ___, 107 S.Ct. 3276, 96 L.Ed.2d ___ (1987).

A commanding precedent is also referred to as a "Goose" case in Louisiana, United States v. Gaber, 745 F.2d 952 (5th Cir. 1984); "Spotted Horse" or "Spotted Dog" cases in Alabama, Hand v. International Chemical Workers Union, 681 F.2d 1308 (11th Cir. 1982); "Cow" case in Kansas, Somers v. Harris Trust Savings Bank, 1 Kan. App. 2d 397, 566 P.2d 775 (Kan.Ct.App. 1977); and "White Horse" or "White Pony" cases in Texas, Wood v. Texas, 632 S.W.2d 734 (Tex.Crim.App. 1982).

We are persuaded that in January 1985, a competent teacher knew or should have known that to tie a second-grade student to a chair for an entire school day and for a substantial portion of a second day, as an educational exercise, with no suggested justification, such as punishment or discipline, was constitutionally impermissible. A young student who is not being properly punished or disciplined has a constitutional right not to be lashed to a chair through the school day and denied, among other things, the basic liberty of access to the bathroom when needed.

Defendants seek the protection of the ruling in Ingraham v. Wright, 430 U.S. 651, 97 S.Ct. 1401, 51 L.Ed.2d 711 (1977), which held that students do not have an eighth amendment right to be free from corporal punishment. Defendants misperceive both the pleadings and the law. The petition asserts that Jardine was not being punished, but was the subject of an instructional technique. As such, the holding of Ingraham v. Wright and its progeny are inapposite. Further, even if this were punishment, it would not necessarily be protected conduct, for as we noted in Woodard v. Los Fresnos Independent School District, 732 F.2d 1243, 1246 (5th Cir. 1984), "[c]orporal punishment is a deprivation of substantive due process when it is arbitrary, capricious, or wholly unrelated to the legitimate state goal of maintaining an atmosphere conducive to learning."

At this stage of the proceedings defendants are not entitled to a dismissal as a matter of law based on their claim of qualified immunity. In so holding, we express no opinion on the ultimate resolution of this matter after the facts are fully developed. That decision will first lie with the district court to whom it is entrusted.

The judgment of the district court rejecting the claim of qualified immunity is AFFIRMED.


Summaries of

Jefferson v. Ysleta Independent School Dist

United States Court of Appeals, Fifth Circuit
May 20, 1987
817 F.2d 303 (5th Cir. 1987)

holding that the denial of a Rule 12(b) motion to dismiss based on qualified immunity "poses solely a question of law . . ."

Summary of this case from John Doe v. Hillsboro Independent School Dist

holding that a principal was not entitled to qualified immunity as a matter of law where a teacher tied a second-grader to a chair for an entire day and the better part of another, and such an instructional technique was allegedly imposed by school policy

Summary of this case from Doe v. Taylor Independent School Dist

holding that teacher and principal did not have qualified immunity from bodily integrity claim where they strapped second-grade student to a chair for two days as part of an educational exercise

Summary of this case from Issa v. Tex. Dep't of Criminal Justice

holding that a "clearly established" right does not require a precedent "that is ‘factually on all-fours with the case at bar’ or that holds the ‘very action in question’ unlawful."

Summary of this case from Harris ex rel. Doe v. Parker

finding teacher violated substantive due process by lashing second grade student to a chair for most of two school days

Summary of this case from ROE v. TEXAS DEPT. OF PROTECTIVE REG. SERV

finding a student's substantive due process right to be free from bodily restraint implicated by allegations that she was tied to a chair for two days as part of an instructional technique, not for punishment

Summary of this case from Moore v. Willis Independent School Dist

finding allegations of teacher tying a student to a chair during school to allege a substantive due process violation

Summary of this case from Hassan v. Lubbock Independent School Dist

concluding defendants were not entitled to dismissal where school officials tied student to his chair with a jump rope during two consecutive school days

Summary of this case from Foley v. Carlsbad Municipal Schools

denying qualified immunity where teacher, as part of a school-sanctioned educational exercise, tied an eight-year-old child to her chair with a jump rope for almost two full school days

Summary of this case from A.T. v. Baldo

denying qualified immunity where teacher tied student to a chair for an entire school day

Summary of this case from Mennone v. Gordon

affirming denial of qualified immunity where teacher tied an eight-year-old child to her chair with a jump rope for almost two full school days

Summary of this case from H.H. v. Moffett

affirming district court's denial of qualified immunity at the motion to dismiss stage

Summary of this case from Acadia Ins. Co. v. Hinds Cnty. Sch. Dist.

rejecting a defense of qualified immunity in the public school context where the complainant alleged injuries of humiliation, mental anguish, and inability to study after being tied to a chair for an entire school day as an educational exercise

Summary of this case from Spacek v. Charles

In Jefferson, the court found that, where plaintiffs alleged that a teacher had tied an eight-year-old student to a chair with a jump rope for an entire school day, the teacher was not entitled to a defense of qualified immunity.

Summary of this case from H.H. v. Moffett

assessing school officials' defense of qualified immunity without considering severity of plaintiff's injury

Summary of this case from Petta v. Rivera

assessing school officials' defense of qualified immunity without considering severity of plaintiff's injury

Summary of this case from Petta v. Rivera

tying a second-grader to his chair for two days is a substantive due process violation

Summary of this case from Mims v. Oliver

In Jefferson, the Fifth Circuit concluded that tying a second-grade student to a chair for an entire school day and for a substantial portion of a second day with no suggested justification other than an instructional technique was constitutionally impermissible.

Summary of this case from D.D. ex Rel. Davis v. Chilton County Bd. of Educ

discussing teacher's action of tying student to a chair

Summary of this case from Ponce v. Socorro Independent School Dist

discussing teacher's action of tying student to a chair

Summary of this case from Ponce v. Socorro Independent School District

In Jefferson v. Ysleta Independent School District, 817 F.2d 303, 304 (5th Cir. 1987), the Fifth Circuit took up a case where a teacher tied an eight-year-old student to a chair using "jump rope... securing her by the waist and legs."

Summary of this case from Doe v. S S Consol. I.S.D

In Jefferson the Fifth Circuit held that a teacher who lashes a second grade student to a chair for the better part of two school days violates the student's substantive due process right to be free from state-occasioned damage to her bodily integrity.

Summary of this case from Myers v. Troup Independent School Dist.

In Jefferson v. Ysleta Independent School Dist., 817 F.2d 303, 305 (5th Cir. 1987), a school teacher tied a second-grade student to a chair during two school days.

Summary of this case from Gomez v. Housing Authority of El Paso
Case details for

Jefferson v. Ysleta Independent School Dist

Case Details

Full title:DWIGHT AND KAREN JEFFERSON, ON THEIR OWN BEHALF AND ON BEHALF OF THEIR…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 20, 1987

Citations

817 F.2d 303 (5th Cir. 1987)

Citing Cases

Petta v. Rivera

Id. Over a year later we decided Jefferson v. Ysleta Independent School District, 817 F.2d 303 (5th Cir.…

Doe v. Taylor Independent School Dist

Id. at 266. We cited Shillingford for this principle of law in Jefferson v. Ysleta Independent School…