839 F. Supp. 2d 881
E.D. Ky.2012Background
- In 2003, A.K., an eight-year-old, was assaulted by substitute teacher Travis Phipps in a Frakes Elementary School bathroom; Phipps threatened him and fondled him again that year, and others noticed A.K. withdrew.
- Also in 2003, Frakes parents complained about Phipps's conduct—yelling, intimidation, and placing male students on his lap.
- In 2010, A.K. disclosed abuse; PTSD diagnosed; description matched Phipps; parents met with principal Steve Ely and superintendent George Thompson, who allegedly refused removal due to fear of lawsuit.
- Thompson failed to act; A.K.’s counselor notified state authorities; in March 2011 Family Services substantiated the allegations as credible and consistent.
- Before the scheduled 2011 hearing, Thompson and Donna Phipps allegedly entered Frakes after hours, Donna helped obtain personnel records, and they left with a box; hearing not rescheduled as of Oct. 26, 2011.
- Plaintiffs sued the Board and individuals in various capacities; defendants moved for summary judgment on several counts; discovery was at an early stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Official-capacity § 1983 claims against Phipps and Donna. | Plaintiffs argue official-capacity claims are viable. | Defendants contend these official-capacity claims are duplicative of claims against the Board. | Dismissed as redundant to the Board claims. |
| Official-capacity state-law claims against Travis Phipps. | Phipps argues potential Board immunity is unresolved. | Board performed governmental function; immunity applies. | Board immune; official-capacity state-law claims barred. |
| § 1985(3) claim against Donna Phipps. | Conspiracy to deprive A.K. of equal protection. | No racial/class-based animus shown; no protected class involved. | Claim cannot succeed; § 1985(3) not proven. |
Key Cases Cited
- Kentucky v. Graham, 473 U.S. 159 (1985) (official-capacity suits treated as suits against the entity)
- Monell v. N.Y. City Dep’t of Social Servs., 436 U.S. 658 (1978) (local government liability for unconstitutional policy or custom)
- Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001) (distinguishes governmental vs. proprietary functions for immunity)
- Breathitt Cnty. Bd. of Educ. v. Prater, 292 S.W.3d 883 (Ky. 2009) (governmental function for school activities; immunity for employees)
- Maxwell v. Dodd, 662 F.3d 418 (6th Cir. 2011) (§ 1985(3) requires discriminatory animus)
- Griffin v. Breckenridge, 403 U.S. 88 (1971) (requires invidious discriminatory motive for § 1985(3))
- Village of Willowbrook v. Olech, 528 U.S. 562 (2000) (class-of-one equal protection concept; not applicable here for § 1985(3))
- Doe v. Claiborne Cnty., Tenn., 103 F.3d 495 (6th Cir. 1996) (recognizes limits on § 1985(3) claims)