Price, Mikiea v. Mueller-Owens, Robert
3:19-cv-00854
W.D. Wis.Feb 2, 2021Background
- Plaintiff J.K., an 11-year-old sixth grader with an IEP and behavior plan, alleges that Robert Mueller-Owens, a school behavior coach, used physical force against her during a February 13, 2019 classroom incident (pushing, punching, hair-pulling, and slamming to the floor).
- Parties sharply dispute sequence and initiator of force; hallway security camera footage is blurry but shows an adult pushing a smaller person into lockers and all three persons falling.
- Defendant was trained in crisis intervention, responded to a teacher’s request to remove plaintiff for disruptive behavior, and attempted to escort her from class; defendant did not help draft or review plaintiff’s IEP/behavior plan.
- Plaintiff reported immediate pain and hair loss; no medical trauma was documented and a contemporaneous handwritten note by plaintiff later was lost when plaintiff’s mother moved; defendant sought sanctions for spoliation.
- Procedural posture: defendant moved for summary judgment on federal ( §1983 Fourth Amendment seizure/excessive force), state-law (battery, negligence), immunity, and spoliation grounds; the court denied summary judgment and denied dismissal sanction for spoliation, finding material factual disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Spoliation (destroyed handwritten note / social media) | Note was relevant but loss was inadvertent; police statement and other evidence corroborate plaintiff | Plaintiff destroyed probative evidence and should be sanctioned (dismissal or adverse inference) | No bad faith shown; denial of dismissal sanction and no adverse-inference remedy ordered |
| IDEA exhaustion (whether §1983 excessive force/unlawful seizure claims required administrative exhaustion under IDEA) | Claims seek damages for physical abuse, not relief available under IDEA; exhaustion not required | Claims could have been brought under IDEA because plaintiff has an IEP and alleges failure to follow behavior plan | Exhaustion not required; gravamen is excessive force/seizure, not denial of free appropriate public education |
| Fourth Amendment seizure / excessive force (objective reasonableness) | Defendant used excessive, nonprovoked force (punching, shoving, slamming) exceeding what school context permits | Initial seizure was reasonable; plaintiff’s account is inconsistent and unsupported by other witnesses or medical records | Initial decision to remove plaintiff was reasonable, but disputed facts about force create genuine issue for jury; summary judgment denied |
| Qualified and state-law immunity (discretionary immunity; punitive damages; battery/negligence) | Conduct was intentional/malicious; discretionary-immunity exception for malicious/willful/intentional acts applies; punitive damages may be warranted | Qualified immunity shields defendant; Wisconsin discretionary immunity bars negligence claim | Qualified immunity denied (accepting plaintiff’s version, right clearly established); discretionary immunity applies generally but the malicious/willful/intentional exception could apply — negligence and battery claims survive summary judgment; punitive damages claim not dismissed |
Key Cases Cited
- Fry v. Napoleon Community Schools, 137 S. Ct. 743 (U.S. 2017) (tests for when IDEA exhaustion is required based on gravamen of complaint)
- Wallace by Wallace v. Batavia School District 101, 68 F.3d 1010 (7th Cir. 1995) (applies Fourth Amendment objective-reasonableness standard to student seizures)
- Kingsley v. Hendrickson, 576 U.S. 389 (U.S. 2015) (objective-unreasonableness standard for excessive-force claims under Fourteenth Amendment)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (use explicit constitutional standard (e.g., Fourth Amendment) rather than substantive due process)
- Bracey v. Grondin, 712 F.3d 1012 (7th Cir. 2013) (spoliation sanctions require showing of bad faith)
- Doe v. Heck, 327 F.3d 492 (7th Cir. 2003) (school officials may not use excessive force against students)
- Gonzalez v. City of Elgin, 578 F.3d 526 (7th Cir. 2009) (excessive-force seizure analysis under totality of circumstances)
- Johnson v. Advocate Health & Hospitals Corp., 892 F.3d 887 (7th Cir. 2018) (courts cannot resolve credibility disputes on summary judgment)