972 F. Supp. 2d 912
N.D. Miss.2013Background
- Plaintiff Catherine Papagolos, former head softball coach and advanced fitness teacher for LCSD, filed suit against LCSD, McPhail, and Nelson asserting Title IX, Title VII, EPA, ADEA, §1983, §1985, and state-law claims.
- Defendants moved to dismiss under Rule 12(b)(6) and McPhail/Nelson moved for qualified immunity on some §1983/§1985 claims; the court granted in part and denied in part, and denied the qualified-immunity motion as moot.
- Title IX claims against McPhail and Nelson were conceded and dismissed; Title IX claims against LCSD remained.
- Title VII gender discrimination and retaliation claims against McPhail/Nelson were dismissed; Title VII claims against LCSD remained.
- EPA claims: against McPhail/Nelson dismissed; EPA claim against LCSD remained viable.
- ADEA: age-discrimination claim against McPhail/Nelson dismissed; ADEA claim against LCSD survived.
- §1983 claims and §1985 conspiracy claims were dismissed; MTCA-based state-law claims analyzed and certain aspects dismissed or limited; malicious interference with employment survived as to all Defendants; McAm claims narrowed by MTCA considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title IX claims against McPhail and Nelson | Papagolos did not pursue Title IX claims against them. | McPhail/Nelson should be dismissed from Title IX claims. | Title IX claims against McPhail and Nelson dismissed. |
| Title VII claims against McPhail and Nelson | Individuals may be liable under Title VII in some contexts. | Individuals cannot be sued under Title VII; only the employer. | Title VII claims against McPhail and Nelson dismissed; LCSD claims remain viable. |
| Equal Pay Act claim against McPhail and Nelson | EPA applies if individuals are employers under economic reality test. | EPA liability lies with employer, not individual defendants. | EPA claim against McPhail and Nelson dismissed; EPA against LCSD remains viable. |
| ADEA claim against McPhail and Nelson | Age discrimination by school officials alleged. | ADEA claims limited to employer/official-capacity contexts. | ADEA claim against McPhail/Nelson dismissed; ADEA claim against LCSD survives. |
| §1983 §1985 claims | Violation of First Amendment and Equal Protection alleged; conspiracy claimed under §1985. | Claims fail on the merits or lack plausibility. | All §1983 claims dismissed; §1985 conspiracy claims dismissed in their entirety. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (speech of public employee; not protected when within official duties)
- Givhan v. Western Line Consolidated Sch. Dist., 439 U.S. 410 (U.S. 1979) (private complaints to supervisor can be protected citizen speech in some contexts)
- Pickering v. Bd. of Educ., 391 U.S. 563 (U.S. 1968) (teachers speaking as citizens on matters of public concern; wider protection)
- Williams v. Henagan, 595 F.3d 610 (5th Cir. 2010) (employee speech tied to job duties may not be protected)
- McAm v. Allied Bruce-Terminix Co., 626 So.2d 603 (Miss. 1993) (Mississippi public-policy at-will doctrine exception; MTCA applicability)