Swindle v. Livingston Parish School Board
2011 U.S. App. LEXIS 18629
5th Cir.2011Background
- Morgan Swindle, a 13-year-old 8th grader in Livingston Parish, was expelled during the 2005-2006 school year for an off-campus marijuana incident; her principal recommended the expulsion, but the superintendent made the final determination to expel for one year; Morgan was denied access to an alternative education program during expulsion and no waiver had been obtained for that school year; the Swindles sought alternative education for Morgan but were not notified or heard before the denial; Louisiana law permits waivers but requires a school-year basis and the waiver for 2005-2006 was not obtained until after expulsion; Morgan and her parents filed a federal §1983 suit for damages alleging due process and equal protection violations; the district court granted summary judgment in favor of the state defendants, while dismissing the §1983 claims against the Livingston Parish School Board (LPSB) and Pope, and the Swindles appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morgan had a protected property interest in alternative education requiring due process | Morgan had a state-created entitlement to alternative education | Only retroactive waiver could create a property interest nullifying due process need | Yes; Morgan had a state-created entitlement to alternative education protected by due process |
| What process is due before depriving Morgan of the entitlement to alternative education | Due process required notice and a hearing before deprivation | Minimal process or post-deprivation review sufficed under prior cases | Pre-deprivation notice and a hearing were required; genuine issue of material fact precluded summary judgment on this claim |
| Whether state officials are entitled to sovereign immunity in a §1983 damages action | Plaintiffs seek damages from state officials | State officials are immune from money damages in federal court | State Superintendent, DOE, and BESE are entitled to sovereign immunity; summary judgment affirmed for these defendants |
| Whether res judicata bars the §1983 claims based on a state court mootness ruling | Earlier state court mootness judgment should have preclusive effect | Mootness defeats finality for preclusion under Louisiana law | Res judicata not applying as to the federal suit; prior mootness does not create final judgment for §1983 claims |
| Whether Pope is entitled to qualified immunity on Morgan’s procedural due process claims | Pope violated clearly established due process rights | Acted reasonably; no clearly established right violated | Pope not entitled to summary judgment on the procedural due process claim; remanded for trial; qualified-immunity defense preserved for trial |
Key Cases Cited
- Goss v. Lopez, 419 U.S. 565 (1975) (public education entitlement and minimal due-process protections before suspension; total exclusion triggers due process)
- Mathews v. Eldridge, 424 U.S. 319 (1976) (flexible balancing test for due-process procedures)
- Morrissey v. Brewer, 408 U.S. 471 (1972) (due process for parole revocation requires certain procedural safeguards)
- Paul v. Davis, 424 U.S. 693 (1976) (recognizes protected interests arise from state law and trigger due process when altered)
- Nevares v. San Marcos Consol. Indep. Sch. Dist., 111 F.3d 25 (5th Cir. 1997) (assignment to an alternative education program does not by itself constitute denial of public education)
- Harris ex rel. Harris v. Pontotoc Cnty. Sch. Dist., 635 F.3d 685 (5th Cir. 2011) (reaffirmed that removal to an alternative program does not deny access to public education; due process required for denial of alternative education when state-law entitlement exists)
- McCall v. Bossier Parish Sch. Bd., 785 So.2d 57 (La. App. 2d Cir. 2001) (Louisiana expulsion with assignment to an alternative school does not automatically trigger due process failure; state-law context matters)