Plaintiffs, several students of Tullahoma High School and their parents, filed the instant action under 42 U.S.C. § 1983
I.
Plaintiffs Brad Henley, Christine Ray, Tavarus Taylor, Natisha White and Dominic White are or were students at Tullahoma High School in Tennessee. Brad Henley and Tavarus Taylor graduated at the end of the 2000-2001 school year. Plaintiff David Henley is Brad Henley’s father, and Plaintiff Ralph White is the father of Plaintiffs Natisha White and Dominic White; Ralph White also is the stepfather of Plaintiff Tavarus Taylor. Defendant Dan Lawson is the Director of Schools for the Tullahoma City Schools. Defendant Mel Covington was the Principal of Tullahoma High School. Defendant Frank Cole was the head basketball coach of the boys’ basketball team at Tullahoma High School. Defendant Robert Sain was the head basketball coach of the girls’ basketball team. Defendant Dean Rodenbeck was a teacher at the school.
The instant dispute began in November 1998, when Frank Cole, the newly-hired coach of the boys basketball team at Tullahoma High School, refused to permit Plaintiff Tavarus Taylor, then a sophomore, from trying out for the team. According to Defendants, Coаch Cole did not permit Taylor to try out because he had not participated in pre-season conditioning drills. In contrast, Plaintiff Brad Henley was permitted to try out because he had participated in the drills. According to Taylor, Coach Cole had told him that he did not want him on the team “because [his] daddy [Ralph White] is always suing (Tullahoma) city officials,” (J.A. 520.), allegedly in reference to an employment discrimination lawsuit Ralph White had filed against the City of Tullahoma. White complained about Coach Cole’s treatment of Taylor to Principal Covington in November 1998. After investigation, Covington confirmed Cole’s assertion that Taylor had not been permitted to try out because he had not participated in pre-season conditioning.
Coach Cole selected Plaintiff Brad Henley for the 1998-1999 basketball season. To Henley’s dismay, however, he soon discovered that Coach Cole used sexually and racially charged language. Allegations of Cole’s improper language include: (1) stat
Upon hearing his son’s complaints, David Henley complained to Coach Cole in February 1999. Cole allegedly reduced Brad Henley’s playing time in retaliation for his father’s complaint. David Henley then sрoke to Coach Cole again, asking why Brad Henley’s playing time had been reduced, to which Cole allegedly replied, “Brad plays like a white nigger.” (J.A. 214, 502.)
Tavarus Taylor and Brad Henley also tried out for the basketball team as juniors, in November 1999. This time Coach Cole did not select either of them for the team. Taylor claims that Coach Cole told them that he and Brad Henley were not going to play on the team “due to the faсt that he didn’t have time for our dads to be bitching and whining and trying to file lawsuits and on his case all the time.”
In December 1999, David Henley and Ralph Whitе filed a discrimination complaint with the United States Department of Education Office for Civil Rights (“OCR”). They complained about Coach Cole’s alleged racist and sexual comments as well as discrimination in the selection of players for the boys basketball team. After conducting an on-site investigation, the OCR’s lead investigator discussed her findings with school staff on April 27, 2000. Based on this discussion, Director Lawson issued a formal written reprimand to Coach Cole on April 28, 2000. Although noting that the OCR had made no findings of racial bias or sexual harassment, Lawson’s letter warned Cole not to usе profanity or an intimidating tone with players. In addition, Principal Covington considered terminating Cole, but he found that termination was not practical because the April 15 deadline for advising non-tenured teachers, such as Cole, that their contracts would not be renewed had passed.
In a follow-up letter setting out the OCR’s findings, the OCR stated that
II.
A. Standard of Review
This Court reviews die novo a district court’s decision to grant summary judgment. Cockrel v. Shelby County Sch. Dist.,
B. The Time-Barred Allegations
Because 42 U.S.C. § 1983 does not specify a statute of limitations, federal courts apply the forum state’s statute of limitations governing personal injuries. Wilson v. Garcia,
Most of the alleged retaliatory conduct accrued prior to May 7, 2000 and therefore is time-barred. Such conduct encompasses the principal injuries alleged in this case, namely Coach Cole’s failure to select Tavarus Taylor for the basketball team as a sophomore and a junior; his cutting of Brad Henley’s playing time as a sophomore in February 1999; and his failure to select Brad Henley for the team as a junior. These actions occurred in 1998 and 1999. Indeed, they occurred prior to the date that Plaintiffs Ralph White and David Henlеy complained to the OCR, in December 1999, foreclosing the possibility of any causal nexus between constitutionally protected activity and alleged retaliatory conduct. Even assuming that Coach Cole’s alleged retaliatory conduct was in response to the employment discrimination lawsuit Ralph White had filed against the City of Tullahoma, the undisputed fact remains that the non-selections are time-barred.
To the extent that Taylor and Henley complain of continuing injury from Coach Cole’s actions that extended into the limitations period, his continuing failure to place them on the basketball team on or after May 7, 2000 “constitutes a continuing ill effect [from an original violation], and is not the result of continuing unlawful acts.” Id. at 940 (internal quotation marks and citation omitted). See also Vandiver v. Hardin County Bd. of Educ.,
C. The Timely Retaliation Allegations
To avoid summary judgment on the timely retaliation claims, Plaintiffs must create a genuine issue of material fact that:
(1) [they] engaged in protected conduct; (2) an adverse action was taken against [them] that would deter a person of ordinary firmness from continuing to engage in that conduct; and (3) there is a causal connection between elements one and two — that is, the adverse action was motivated at least in part by [Plaintiffs’] protected conduct.
Thaddeus-X v. Blatter,
1. Protected Conduct
The parties have assumed that Plaintiffs have satisfied the protected conduct element of Plaintiffs’ burden by pointing to Ralph White and David Henley’s race discrimination complaint to the Office of Civil Rights in December 1999. Therefore, this Court shall not address this factor.
2. Adverse Action
Plaintiffs must show that “an adverse action was taken against [them] that would deter a person of ordinary firmness from continuing to engage in that conduct.” Thaddeus-X
Plaintiffs have alleged numerous acts, which considered in the abstract, might individually or in combination constitute adverse actions. Most notably, they have alleged that Plaintiffs Brad Henley, Tavarus Taylor and Natisha White were denied the opportunity to play high sсhool basketball. They also point to an incident in which a teacher injured Natisha White’s thumb, several disciplinary suspensions, and an instance in which a school employee caused Tavarus Taylor to lose his job. Assuming arguendo that these actions were motivated by constitutionally protected speech, they would have the tendency to chill such speech. E.g., Seamons v. Snow,
3. Causation
Plaintiffs allege numerous acts of retaliation which occurred after White and Henley had complained to the OCR in December 1999. There simply is insufficient evidence to create a genuine issue of material fact that these actions were tied to a retaliatory motive.
Plaintiffs allege that a teacher, Dean Rodеnbeck, broke or dislocated Natisha White’s thumb in retaliation for her father’s protected speech. Plaintiffs have submitted no evidence, however, showing that Rodenbeck was even aware of the protected speech. Moreover, Natisha White admitted at deposition that Rodenbeck injured her thumb in an attempt to protect another student whom White had already struck numerous times during a hallway brawl. White’s participation in the fight was so serious that she pled guilty to assault and disorderly conduct. No reasonable jury could find that Rodenbeck was waiting in the wings for the opportunity to pounce on White and injure her in retaliation for her father’s complaint to the OCR, particularly where there is no evidence that Rodenbeck was even aware of the complaint.
Plaintiffs allege that it was retaliatory for Tavarus Taylor to have received a three-day suspension on May 5 and May
Plaintiffs allege that Defendants cut Natisha White from the girls basketball team in retaliation for the OCR complaint. It is undisputed, however, that Coach Sain selected Ralph White’s other daughter, Dominic, for the team, seriously undermining Plaintiffs’ allegation that Coach Sain, like Coach Cole, sought to retaliate against the White family. Plaintiffs attempt to steer clear of this fact by alleging that Coach Sain purposefully kept one White sister on the team and cut the other in order to drive a wedge between the two sisters. In support of this theory, they cite to Coach Sain’s statement, made before the basketball season, expressing concern about cutting one of the White sisters in light of the OCR complaint. (J.A. 694.) But Coach Sain’s mere consciousness of the OCR complaint and his concern that his coaching decision to cut Natisha White from the team might be perceived as retaliation does not create a genuine issue of retaliatory motive. Indeed, a fair reading of the relevant deposition testimony shows that Coach Sain expressed a desire to avoid retaliation, not carry it out. Cf. Jackson v. U.S. Postal Serv.,
Plaintiffs allege that Tavarus Taylor suffered unlawful retaliation when Coach Cole caused Taylor to lose his job at Food Lion by telling his manager that Taylor had sexually harassed Cole’s wife at the store. Taylor admitted at deposition, however, that Coach Cole’s motivation had nothing to do with his father’s protected speech, but rather, an incident in which Coach Cole had threatened to discipline Taylor because Taylor (by his own admission) refused to stop walking across the basketball floor which was being cleaned. Taylor further testified that Coach Cole got him fired because Taylor had complained to Principal Covington about this incident. Thus, there is no evidence of a causal connection between Taylor’s job loss and his father’s protected speech.
Plaintiffs allege that a tenth grade English teacher, Ms. Masouda, told Dominic White that her friendship with Kristin Ray, another student, was unacceptable because they were different races and also that Masouda gave Ray and White detention when they became unruly after complaining about the temperature in the classroom. Plaintiffs also allege that another teacher, Ms. Ledbetter, denied Ray the right to go to the bathroom, and when she went anyway, she received detention.
Plaintiffs allege that Coach Sain made Dominic White perform intense running drills called “suicides” on November 19, 2001, even though her knee was hurting. At deposition, however, Dominic admitted that Sain told her that she could leave the floor after she told him that she was in pain. Thus, there is no genuine issue of material fact that White suffered an adverse action. Moreover, there is no evidence on the record that Coach Sain harbored a retaliatory motive.
Plaintiffs also cоmplain that Coach Sain had compelled Dominic to apologize to her teammates for failing to participate in a fundraiser for the team, even though she had had a legitimate family excuse for not attending. There simply is insufficient evidence to create a genuine issue of material fact as to a retaliatory motive or an adverse action. Plaintiffs’ reliance on the Seamons case is misplaced. There, the student was forced by his football coach to apologize for his protected speech (a complaint about a hazing incident). When he refused, he was dismissed from the team. Seamons,
Plaintiffs allege that in the summer of 2001, after they filed their federal court complaint, Coach Cole approached Ralph White at a local convenience store and acted in a threatening way. This incident occurred a year-and-a-half after the protected speech at issue in this case — the OCR complaint. No other adverse actions with a causal nexus to the OCR complaint occurred in the interim. Moreover, Coach Cole was no longer the basketball coach as of the summer of 2001, so it is unclear whether his alleged actions can even be attributed to the other Defendants. Without more, Coach Cole’s alleged assault is insufficient to create a genuine issue for trial. Cf. Wallscetti v. Fox,
In sum, there is no evidence that Plaintiffs suffered adverse actions that were causally connected to constitutionally protected conduct. Accordingly, the district court properly entered summary judgment for Defendants on the timely allegations of retaliation contained in Plaintiffs complaint.
D. The Timely Freedom of Association Claims
The complaint alleges that Defendants violated the rights of Brad Hеnley and Tavarus Taylor to be friends; the rights of Natisha White and Dominic White to associate with their father, Ralph White; Listen Ray’s right to associate with Dominic White; and David Henley’s right to associate with Ralph White. These claims fail as a matter of law because they are duplicative of the meritless retaliation allegations.
As the Supreme Court has explained, “choices to enter into and maintain certain intimate human relationships must be secured against undue intrusion by the States because of the role of such relationships in safeguarding the individual freedоm that is central to our constitutional scheme.” Roberts v. United States Jaycees,
This Court dealt with similar claims in the public school setting a few years ago. Ward v. Athens City Bd. of Educ., No. 97-5967,
Plaintiffs herein have not attempted to show, and cannot show, that the alleged adverse actions they suffered would have been constitutionally impermissible even if Defendants had not had a retaliatory motive. Plaintiffs have not shown, and cannot show, how non-participation on the basketball team, the discipline they suffered or other adverse actions that occurred off school property unduly intruded on their familial relations or friendships. These actions did not pose a “direct and substantial” limitation on these associations, but rather, were collateral effects of Defendants’ alleged intent to retaliate against protected speech. See Lyng v. Castillo, All U.S. 635, 638,
III.
For all the foregoing reasons, the district court properly entered summary judgment for Defendants on the merits of Plaintiffs’ First Amendment retaliation and freedom of association claims. This Court need not reach alternative grounds for dismissal, such as the lack of municipal liability and qualified immunity for the individual Defendants. See Ewolski v. City of Brunswick,
Notes
. Plaintiffs' complaint alleged "jurisdiction” under 42 U.S.C. § 1985, but the Complaint failed to set forth any elements of a § 1985 claim. Plaintiffs have not challenged the district court’s dismissal of their § 1985 claim, so that claim is deemed waived for purposes of this appeal. The complaint also alleged a claim for malicious prosecution against another defendant who was voluntarily dismissed from the case on March 6, 2002.
. Coach Cole's recollеction of David Henley's complaint to him is quite different. According to Coach Cole, David Henley complained to him only about Brad Henley's diminished playing time, not alleged offensive language. Cole then told David Henley that he had reduced Brad Henley's playing time because his skills had not adequately progressed throughout the season. Because this Court is reviewing this case on a grant of summary judgment, the Court assumes Plaintiffs' version of the facts to be true.
. By contrast, Coach Cole claims that Taylor and Henley (as well as one other junior) were not selected for the team that year because they were not among the top ten players available.
