A federal judge from the Middle District of Florida has granted, in part, a school board’s motion to dismiss, or for a more definitive statement, in a case in which the board and athletic director were sued for race discrimination and wrongful termination.
In granting the school board’s motion on the second count (of a three-count complaint), which alleged that the defendants violated 42 U.S.C. § 1983 and the Fourteenth Amendment to the United States Constitution, it found that the plaintiff “does not allege that the discriminatory termination was pursuant to a policy or custom of the School Board, which was the moving force for the action.” The court denied the motion as it pertained to the AD, or individual defendant.
The court also denied the defendants’ motion as it pertained to Count I and Count III.
Plaintiff Carlos D. Clark is an African American male and employee for the District School Board of Collier County. He was also a high school basketball coach before he was terminated from the coaching position by the school board.
Clark’s background included a stint as a professional basketball player. From 2008 through the spring of 2012, he served as head coach of the Barron Collier High School (BCHS) Varsity Boys Basketball team, amassing a successful track record in the process.
In 2009, Mark Rosenbalm became the athletic director of BCHS. The plaintiff claims that from the beginning, he exhibited “rudeness” and “standoffishness” toward him. Rosenbalm also brought in Joe Radar, a Caucasian friend, as a volunteer assistant coach for Clark. The plaintiff further alleged that Rosenbaum, who would become a co-defendant, “catered to Caucasian coaches to the exclusion of persons of color.” He cited an example of how Rosenbalm congratulated Rader on the 2012 District Championship, “but did not congratulate plaintiff or invite plaintiff to the awards banquet.”
Two days before the banquet, on or about May 26, 2012, Clark claimed he was terminated as head coach without reason except for “communication skills.” He claimed this was a harsh punishment compared with the punishment imposed on other coaches for lesser offenses. Rader was installed as head coach.
In an amended complaint, the plaintiff alleged that his termination was a violation of:
Title VII, 42 U.S.C. § 2000e, by the School Board;
42 U.S.C. § 1983 and the Fourteenth Amendment to the United States Constitution by both the School Board and by Rosenbalm in his individual capacity; and
the Florida Civil Rights Act, Chapter 760, Florida Statutes, by the School Board.
Regarding Count I, the court was unpersuaded by the school board’s argument that the plaintiff “has not adequately alleged the existence of a similarly-situated employee,” and thus satisfied the requisite “heightened pleading requirements that protect local officials from suit.”
The court disagreed, noting that there is no “heightened pleading rule,” which applies to any of the counts in the complaint. Johnson v. City of Shelby, Miss., 135 S. Ct. 346, 347, 190 L. Ed. 2d 309 (2014). Rather, the court found the pleading “sufficient to plausibly” allege a violation.
For the reasons mentioned above, the court gave a narrow victory to the school board on Count II. The ratification of the plaintiff’s termination did not establish that the school board had the requisite practice or custom. As for Rosenbalm, his argument that he is “entitled to qualified immunity from suit because he clearly acted within the scope of his discretionary authority to terminate plaintiff” represented an air ball of sorts. That is because the complaint “plausibly set forth a Constitutional violation,” which undermined his argument.
Lastly, the court found that the motion to dismiss Count III the Florida Civil Rights Act, Chapter 760, fails for the same reason as the motion to dismiss the Title VII claim, which is its “counterpart” in federal law.
As a last bit of housekeeping, the court afforded the plaintiff 14 days to file an amended complaint for its Count II complaint against the school board if it so desired.
Carlos D. Clark v. School Board of Collier County (Fla.) and Mark Rosenbalm, in his individual capacity; M.D. Fla.; Case No: 2:13-cv-820-FtM-29MRM, 2016 U.S. Dist. LEXIS 54088; 4/22/16
Attorneys of record: (for plaintiff) Esmond J. Lewis, LEAD ATTORNEY, Esmond Lewis Law Firm, PA, Ft. Myers, FL. (for defendants) James Donald Fox, LEAD ATTORNEY, Roetzel & Andress, LPA, Naples, FL; Jonathan D. Fishbane, LEAD ATTORNEY, Collier County School District, Naples, FL.
