Johnson v. Knox County Security Department
3:22-cv-00137
E.D. Tenn.Mar 31, 2024Background
- Plaintiffs Rebekiah and Shaque Johnson filed a § 1983 lawsuit alleging that school officials and the Knox County Board of Education (KCBOE) violated their First Amendment rights during a protest about alleged racism by a school principal.
- The Johnsons protested near New Hopewell Elementary, holding signs accusing Principal Pratt of racism; they remained on public property.
- During the protest, Fred Wade (a teaching assistant) confronted Shaque Johnson, yelling at him not to record and threatening to take his phone, while Security Investigator Martin Timms later sent Rebekiah Johnson a "civility code" letter threatening her with exclusion from school property.
- Plaintiffs asserted violations of rights to free speech, expression, protest, and retaliation under the First Amendment.
- Defendants moved to dismiss the amended complaint under Rule 12(b)(6), arguing failure to state a claim, qualified immunity, and for KCBOE, lack of Monell liability.
- The court partially granted defendants' motions: dismissing claims against Wade by Rebekiah Johnson and against Timms by Shaque Johnson, but allowing some claims to proceed and dismissing all claims against KCBOE.
Issues
| Issue | Plaintiffs' Argument | Defendants' Argument | Held |
|---|---|---|---|
| First Amendment deprivation by Wade | Wade interfered with Shaque Johnson's protest and threatened to take his phone, chilling free speech | Wade did not physically intimidate, only acted as an individual, and no interaction with Rebekiah Johnson | Claim by Shaque Johnson against Wade survives; Rebekiah Johnson's claim dismissed |
| First Amendment deprivation by Timms | Timms' civility code letter to Rebekiah Johnson chilled her right to protest | The letter was a warning, not a deprivation; no interaction with Shaque Johnson | Rebekiah Johnson's claim against Timms survives; Shaque Johnson's claim dismissed |
| Retaliation for protected activity | Adverse actions (threats, warning letter) were in response to protest, deterring further speech | Wade: actions weren't adverse; Timms: letter not truly threatening | Claims survive for Shaque Johnson against Wade and Rebekiah Johnson against Timms |
| Monell claim against KCBOE | KCBOE maintained a custom/policy of suppressing speech of parents of color | No specific facts showing policy/custom; no official decisionmaker involved | All claims against KCBOE dismissed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (Rule 12(b)(6) pleading standards; personal involvement requirement for § 1983 claims)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Plausibility standard for Rule 12(b)(6) motions)
- Harlow v. Fitzgerald, 457 U.S. 800 (Standard for qualified immunity for government officials)
- Monell v. Dep’t. of Soc. Servs., 436 U.S. 658 (No municipal liability under § 1983 without policy or custom)
- Bible Believers v. Wayne Cnty., 805 F.3d 228 (Three-part First Amendment analysis for protests on public property)
- Gerber v. Herskovitz, 14 F.4th 500 (Broad First Amendment protection for speech on matters of public concern)