A federal judge from the Eastern District of Michigan denied a school district’s bid to dismiss the claim of a football coach, who claimed he was denied his Constitutional rights when he was suspended and ultimately terminated for his involvement in a brawl that occurred on the football field.
The incident occurred on Oct. 12, 2012, immediately after a football game between Pioneer High School and Huron High School in Ann Arbor, Mich. Both schools are within the Ann Arbor Public School District (AAPSD). Plaintiff Vincent Wortmann was an assistant football coach for Pioneer High, which had just defeated its rival 35-6.
Wortmann alleged, in his lawsuit, that Huron’s head coach Cory Gildersleeve “became upset with the plays being run by Pioneer; in particular he was upset by passing plays by Pioneer when Pioneer held a large lead.” Wortmann maintained that Gildersleeve became so upset that he “verbally engaged the Pioneer coaching staff by shouting across the field and yelling obscenities.”
After the game, the teams lined up for the traditional post-game handshakes. But as the two head coaches met to shake hands, a confrontation occurred. Wortmann allegedly tried to break up the confrontation. At that point, the players on the opposing teams began fighting. The plaintiff maintained that he did not “strike Gildersleeve or anyone else following the game,” while acknowledging that he used loud, profane language.
Following the altercation, AAPSD officials conducted an investigation into the matter.
Wortmann claimed that Dottie Davis, a district employee, “falsely accused (him) of pushing or striking her during the brawl,” and that he was suspended “as a direct result of Davis’ knowingly false statement.” Allegedly based on her accusation, the AAPSD terminated the plaintiff’s assignment as assistant coach. Further, Wortmann claimed that the district issued a statement, which indicated that “an assistant coach, referring to the plaintiff, had been terminated for becoming physical during a verbal altercation between two head coaches,” and that “the players’ fighting occurred following the plaintiff’s actions.”
Wortmann claimed that the district and several of its employees knew the post “was untruthful.” Furthermore, he claimed that an independent investigation, conducted by local law enforcement officials, vindicated him and his role as a peacemaker.
The plaintiff claimed that he appealed his suspension and firing, but was denied.
He subsequently sued AAPSD, two district officials and the head football coach and athletic director of rival Huron High School, in Federal Court. His claim was brought pursuant to 42 U.S.C. § 1983, alleging deprivation of his 14th Amendment liberty interest in his reputation and good name.
In consideration of the motion, the court noted “in order to recover under 42 U.S.C. § 1983, a plaintiff must prove both (i) that some person has deprived him of a federal right, and (ii) that the person has done so under color of state law.” Kolley v. Adult Protective Servs., 786 F. Supp. 2d 1277, 1303 (E.D. Mich. 2011) (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 150, 90 S. Ct. 1598, 26 L. Ed. 2d 142 (1970)).
Addressing the latter requirement first, the court agreed with the plaintiff, noting that “public schools themselves are state actors subject to suit under § 1983, and public school officials act within the scope of their duties when they represent their institutions. See Brentwood Acad. v. Tennessee Secondary Sch. Athletic Ass’n, 531 U.S. 288, 297, 299, 121 S. Ct. 924, 148 L. Ed. 2d 807 (2001). Thus, Plaintiff has adequately proven that Ann Arbor Public Schools and its employees were acting under color of state law.”
Turning to the first requirement, the court found that Wortmann “provides sufficient factual content that allows the court to draw the reasonable inference that plaintiff has suffered an injury to his reputation, good name, honor, or integrity resulting from Ann Arbor Public Schools and its employees’ conduct, in connection with his termination from his position as assistant coach.”
Accordingly, the court denied the motion to dismiss.
Vincent Wortmann v. Ann Arbor Public Schools et al.; E.D.Mich.; Civil Case No. 13-14350, 2015 U.S. Dist. LEXIS 30952; 3/13/15
Attorneys of Record: (for plaintiff) Jeffrey L. Herron, Jeffrey L. Herron, Attorney at Law, Detroit, MI. (for defendants) Bernice M. McReynolds, Robert M. Vercruysse, Vercruysse, Murray, Bingham Farms, MI.
