867 F. Supp. 2d 849
N.D. Tex.2012Background
- Gill, a temporary English instructor at Tarrant County College District (TCCD), was not converted to permanent status amid a broader push to convert temporary instructors to permanent roles.
- Devlin, English Dept. chair, supervised Gill; Howell, Dean of Humanities, supervised Devlin.
- Gill faced accusations of flirting with female students after a theft of an exam; Devlin allegedly disparaged lesbians and stated that Texas and TCCD do not like homosexuals.
- Gill was observed multiple times for preliminary reviews of her performance; later, she was not interviewed for any permanent positions while others were.
- Gill remained employed as adjunct but effectively unemployed for spring 2011; she filed a declaratory-judgment complaint alleging equal-protection violations based on sexual orientation against Devlin and Howell in their individual and official capacities.
- Defendants moved to dismiss or for judgment on the pleadings, arguing failure to state a claim and qualified immunity; Gill contends there were discriminatory practices and a policy or custom at TCCD.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gill plausibly states an equal-protection claim based on sexual orientation. | Gill alleges discrimination in hiring based on orientation since similarly situated instructors were hired as permanent. | Defendants argue no clearly established right or discriminatory intent proven at pleadings stage. | Gill plausibly states an Equal Protection violation; the right was clearly established and defendants are not entitled to qualified immunity at this stage. |
| Whether Gill’s punitive-damages claim against Devlin and Howell survives. | Gill alleges malicious or callous disregard of rights supporting punitive damages. | Punitive damages require showing evil intent or reckless disregard; allegations are insufficient. | Pleadings plausibly allege malice or deliberate indifference; punitive damages survive at this stage. |
| Whether Gill's official-capacity claims against Devlin and Howell can proceed under §1983 against TCCD. | Claims allege a custom or policy by TCCD with knowledge by policymakers and causation of injury. | Need for established policy/custom and final policymaker knowledge; absence of clear policy may bar claim. | Gill plausibly alleges a custom or policy and knowledge by policymakers; official-capacity claims survive Rule 12(b)(6). |
Key Cases Cited
- Romer v. Evans, 517 U.S. 620 (U.S. 1996) (clarifies unconstitutional discrimination on basis of sexual orientation)
- Lawrence v. Texas, 539 U.S. 558 (U.S. 2003) (due process/right to intimate autonomy protections for sexual orientation)
- Johnson v. Johnson, 385 F.3d 503 (5th Cir. 2004) (equal-protection discrimination against homosexuals must lack rational relation to governmental aims)
- Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996) (sexual orientation discrimination discussed in equal-protection context)
- Ercegovich v. Goodyear Tire & Rubber Co., 154 F.3d 344 (6th Cir. 1998) (illustrates cumulative managerial attitude toward discrimination)
- World Wide St. Preachers Fellowship v. Town of Columbia, 591 F.3d 747 (5th Cir. 2009) (persistent, well-settled practice as a basis for municipal policy)
- Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir. 2001) (policy/custom deduction requires persistent conduct to infer municipal policy)
- Bennett v. City of Slidell, 735 F.2d 861 (5th Cir. 1984) (definition of official policy/custom for §1983)