Case 5:23-cv-00360-HNJ Document 12 Filed 05/08/23 Page 1 of 15 FILED

2023 May-08 PM 04:03

U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

JANE DOE, a minor who sues through )

her Guardian and Next Friend, Mary )
Doe, )
)
Plaintiffs, )
) Case No: 5:23-CV-00360-HNJ
v. )
)
JASON WATTS, MADISON CITY )
BOARD OF EDUCATION, and )
BRIAN CLAYTON, )
)
Defendants. )

MOTION TO DISMISS

COMES NOW the Defendant identified as Jason Watts and respectfully moves

the Court to dismiss all claims against him. As grounds, the Defendant shows as

follows:

I. The Allegations Of The Complaint Do Not Establish A Constitutional

Violation.

Count I of the Complaint is against Defendant Madison City School Board

only. Count III1 of the Complaint is under 42 U.S.C. § 1983 for alleged violation of

the Plaintiff’s rights to due process and equal protection. It alleges Defendants

Clayton and Watts “in their official and individual capacities, violated Plaintiff Jane

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There is no Count II.
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Doe’s rights under 42 U.S.C. § 1983 and her FOURTEENTH AMENDMENT

EQUAL PROTECTION rights by failing to protect her from assault by Defendant

Watts.” (Doc. 1, p. 9, ¶ 61). The Defendant denies the allegations that he excessively

punished Jane Doe by punching her in the face, and that the Defendants retaliated

against Doe by placing her in an alternative school. (Id., p. 10, ¶¶ 62, 63). But even

if those allegations were true, they could establish nothing more than a state law tort,

not a violation of the United States Constitution. The Complaint is due to be

dismissed.

“In the Eleventh Circuit, claims involving physical abuse in a school setting are

analyzed exclusively under the substantive due process component of the Fourteenth

Amendment.” N.R. by Ragan v. Sch. Bd. of Okaloosa Cnty., Fla., 418 F. Supp. 3d

957, 978 (N.D. Fla. 2019), citing T.W. ex rel. Wilson v. Sch. Bd. of Seminole Cty.,

Fla., 610 F.3d 588, 612 (11th Cir. 2010), and Neal ex rel. Neal v. Fulton Cty. Bd. of

Educ., 229 F.3d 1069, 1075 (11th Cir. 2000). “[T]he Fourteenth Amendment is not

a ‘font of tort law’ that can be used, through section 1983, to convert state tort claims

into federal causes of action.” Neal v. Fulton County Bd. of Educ., 229 F.3d 1069,

1074 (11th Cir.2000).” With respect to the claim for excessive punishment, “[c]onduct

by a government actor will rise to the level of a substantive due process violation only

if the act can be characterized as arbitrary or conscience-shocking in a constitutional

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sense.” Davis v. Carter, 555 F.3d 979, 982 (11th Cir. 2009). “The concept of

conscience-shocking conduct duplicates no traditional category of common-law fault,

but rather points clearly away from liability, or clearly toward it, only at the ends of

the tort law's spectrum of culpability. The Supreme Court has made clear the due

process guarantee does not entail a body of constitutional law imposing liability

whenever someone cloaked with state authority causes harm.” Id. at 982 (quotation

marks and citation omitted.) The conduct alleged by Jane Doe in this case does not

rise to the “conscience-shocking” level under 11th Circuit precedents. The facts

alleged in support of Jane Doe’s substantive due process claims are the same facts she

relies on for her assault claim. Because the conduct allegedly violating substantive

due process exactly duplicates an alleged traditional common-law assault, the

allegations do not meet the conscience-shocking standard and the substantive due

process claim is due to be dismissed.

In Dacosta v. Nwachukwa, 304 F.3d 1045 (11th Cir.2002), a student followed

her instructor out of the classroom after the instructor ignored her questions in class.

The instructor went back inside the room to avoid the student and slammed the door,

causing the student’s arm to shatter the window in the door and become lodged in the

glass. Id. at 1047. The instructor then tried to knock the student back from the door

by swinging it violently, causing significant injuries to the student, and he reached

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through the broken glass and shoved her face. Id. The 11th Circuit Court held that the

complaint alleged nothing more than a state law tort, and was insufficient to reach

constitutional proportions. Id. at 1049.

In T.W. v. Sch. Bd. of Seminole Cnty., Fla., 610 F.3d 588 (11th Cir. 2010), an

autistic student with pervasive developmental disorder alleged several incidents in

which his teacher used excessive force in response to the student’s disruptive

behavior, including that she: put the student on the floor with his face to the ground,

straddled him so that her pelvic area was on top of his buttocks, and pulled his arms

behind his back; forced the student to the floor and pulled his right leg up against the

back of his left leg and held him in that position for two to three minutes; forced the

student against the table, held his arms behind his back, and placed her weight against

his back to hold him in that position for about three minutes; pinned both of the

student’s hands behind his back as she guided him to the cool down room, at risk of

causing asphyxiation; and deliberately stuck her foot out and tripped the student,

causing him to stumble. 610 F.3d at 595-96. The 11th Circuit Court affirmed a

summary judgment in favor of the teacher and school board stating, “we conclude that

[the teacher’s] conduct was not so arbitrary and egregious as to support a complaint

of a violation of substantive due process.” Id. at 602. The Court also said “[o]ur

decision ‘comports with the Supreme Court's mandate to remain vigilant in policing

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the boundaries separating tort law from constitutional law.’” Id. (quoting Nix v.

Franklin County Sch. Dist., 311 F.3d 1373, 1379 (11th Cir.2002).

In the case now before this court, the Plaintiff claims that in response to an

altercation between Jane Doe and another student on a school bus, Assistant Principal

Watts pushed Jane Doe into a seat when she tried to exit the bus, and when Jane Doe

then bit Mr. Watts’ arm violently in retaliation, he punched her with his fist. Those

allegations are serious if true, but by 11th Circuit precedents, they fail to reach the

level of a constitutional violation. The Circuit Court has noted “even intentional

wrongs seldom violate the Due Process Clause.” Mahone v. Ben Hill Cty. Sch. Sys.,

377 F. App'x. 913, 916 (11th Cir. 2010). Even if Mr. Watts’ alleged actions were not

justified in self-defense of Jane Doe’s attempts to injure him, they support nothing

more than a state law tort claim and Count III is due to be dismissed.

To establish a § 1983 equal protection claim, the Plaintiff must show she was

situated similarly with other persons who were treated differently than she and that

the different treatment was based on some constitutionally protected interest. See

Damiano v. Florida Parole and Probation Comm'n., 785 F.2d 929, 932-33 (11th Cir.

1986). The facts alleged by Jane Doe do not establish either.

Jane Doe claims Mr. Watts punished her excessively for an altercation with

another student and that Mr. Clayton witnessed the punishment and failed to

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intervene. She does not allege that either Defendant’s actions were based on her

gender or race any other protected classification, nor that a student of a different

gender or race was treated more favorably. The Complaint does not describe

sufficient facts to raise Jane Doe’s right to relief for an equal protection violation

above a speculative level, therefore this claim also is due to be dismissed. See Bell

Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (“[f]actual allegations must be

enough to raise a right to relief above the speculative level.”)

II. Because The Alleged Facts Do Not Show A Violation Of Any

Constitutional Right, The Defendant Is Entitled To Qualified Immunity.

“Qualified immunity offers complete protection for government officials sued

in their individual capacities as long as their conduct violates no clearly established

statutory or constitutional rights of which a reasonable person would have known.”

Griffin v. Troy State Univ., 128 F. App’x. 739, 740 (11th Cir. 2005)(citation omitted).

“In order to receive qualified immunity, a public official must first prove that he was

acting within the scope of his discretionary authority when the allegedly wrongful

acts occurred.” Id. When a defendant establishes his entitlement to immunity, “the

burden shifts to the plaintiff to prove that qualified immunity is not warranted.” Id.

at 741. “The Supreme Court has articulated a two-prong test to aid in this analysis.

First, taken in the light most favorable to the party asserting the injury, do the facts

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alleged show the officer’s conduct violated a constitutional right? Second, if a

constitutional right would have been violated under the plaintiff’s version of the facts,

the next, sequential step is to ask whether the right was clearly established.” Id.

(Internal quotation marks, alterations and citations omitted). “In this Circuit, only the

caselaw of the Supreme Court, the Eleventh Circuit or the law of the highest court of

the state where the events took place . . . can ‘clearly establish’ constitutional rights.

Marsh v. Butler County, Ala., 268 F.3d 1014, 1032 n. 10 (11th Cir.2001).” Amnesty

Int'l, USA v. Battle, 559 F.3d 1170, 1184 (11th Cir. 2009).

Jane Doe alleges in the Complaint that Jason Watts was Assistant Principal and

Athletic Director of James Clemens High School, sued in his individual capacity.

(Doc. 1, p. 2, ¶ 5) Because the facts alleged, even if proved, fail to establish a

constitutional violation and could show, at most, a state law tort, the Plaintiff cannot

satisfy the first prong of the qualified immunity test, and the claims against Mr. Watts

must be dismissed.

The 11th Circuit Court has explained that to determine if an official was acting

within his discretionary authority, courts “ask whether the government employee was

(a) performing a legitimate job-related function (that is, pursuing a job-related goal),

(b) through means that were within his power to utilize.” Holloman v. Harland, 370

F.3d 1252, 1265-66 (11th Cir. 2004). “A government official acts within his or her

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discretionary authority if objective circumstances compel the conclusion that

challenged actions occurred in the performance of the official’s duties and within the

scope of his authority.” Hill v. Dekalb Reg’l Youth Det. Ctr., 40 F.2d 1176, 1185 n.

17 (11th Cir. 1994).

Jane Doe alleges the incident in this lawsuit occurred on a school bus “on

school property and while the students were under the authority and control of

Defendant School Board.” (Doc. 1, p. 9, ¶ 60). The 11th Circuit Court has held that

an official is performing a legitimate job-related function if he was “performing a

function that, but for the alleged constitutional infirmity, would have fallen with his

legitimate job description.” Holloman v. Harland, 370 F.3d at 1266. The Court held

in Holloman v. Harland, as a matter of law, that supervising students is within a

public school teacher’s discretionary authority. Id. at 1267. If the issue is even

contested by the Plaintiff, Mr. Watts clearly was performing a job-related function in

supervising students on the bus, and maintaining order and discipline among students

was within the scope of his authority as a school administrator. As the Defendant

noted previously, the facts alleged by the Plaintiff, if proved, would not establish a

constitutional violation, but rather would support only a state law tort claim. The

allegations are insufficient to overcome Mr. Watts’ qualified immunity, and he is

entitled to dismissal of the claims.

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III. Because There Is No Viable Federal Law Claim, All State Law Claims
Should Be Dismissed.

All remaining counts of the Complaint against Mr. Watts allege state law tort

claims. Count IV charges Mr. Watts with assault. Count VI2 alleges Mr. Watts acted

negligently, and Count VII claims he acted recklessly or wantonly. Because Jane

Doe’s factual allegations fail to establish a viable federal claim, the state claims

should be dismissed.

The U.S. Supreme Court has instructed federal district courts to dismiss state

law claims when all federal claims are disposed of:

Needless decisions of state law should be avoided both as a matter of

comity and to promote justice between the parties, by procuring for them
a surer-footed reading of applicable law. Certainly, if the federal claims
are dismissed before trial, even though not insubstantial in a
jurisdictional sense, the state claims should be dismissed as well.

United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966). The Eleventh Circuit

Court noted in L.A. Draper & Son v. Wheelabrator-Frye, Inc., 735 F. 2d 414(11th Cir.

1984) “[p]endent jurisdiction is a matter of discretion, not of plaintiff’s right. The

decision to entertain or dismiss the pendent state claims continues throughout the

proceeding.” Id. at 427 (citations omitted). The Court also explained:

The district court’s discretionary decision whether or not to entertain

pendent state claims is generally guided by four factors: (1) whether the

2
There is no Count V.

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state law claims predominate in terms of proof, the scope of the issues
raised, or the comprehensiveness of the remedies sought; (2) whether
comity considerations warrant determination by a state court (i.e., is the
state claim novel or particularly complex such that an accurate definitive
interpretation of state law is necessary); (3) whether judicial economy,
convenience, and fairness to the litigants would best be served by trying
the federal and state claims together; and (4) whether the state claim is
so closely tied to questions of federal policy that the argument for
exercise of pendent jurisdiction is particularly strong.

735 F. 2d at 428 (quotation marks and citation omitted). The Court also noted in

Draper v. Wheelabrator-Frye that a district court might properly find the first of the

foregoing factors to warrant dismissal of the state claims even well after the pleading

stage. 735 F. 2d at 428. The allegations of the Complaint in this case fail to establish

any violation of federal constitutional rights. The alleged facts Jane Doe must prove

to establish assault, negligence or wantonness are the same facts that the due process

and equal protection claims are based on. Therefore state law claims predominate in

terms of proof, scope of issues and remedies and the Court should decline pendent

jurisdiction.

The 11th Circuit said in Draper v. Wheelabrator-Frye “[i]ndeed, if the federal

claims are dismissed prior to trial, [United Mine Workers v.] Gibbs [, 383 U.S. 715

(1966)] strongly encourages or even requires dismissal of the state claims.” 735 F.

2d at 428 (citation completed). “To exercise pendent jurisdiction over state law claims

not otherwise cognizable in federal court, the court must have jurisdiction over a

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substantial federal claim and the federal and state claims must derive from a ‘common

nucleus of operative fact.’ ” Id. at 427 (citations omitted). Because Jane Doe’s factual

allegations, if proved, are not sufficient to support a due process or equal protection

claim, the Court should decline jurisdiction over the state law claims and Mr. Watts

should be dismissed as a Defendant.

IV. The Claims For Negligence, Recklessness Or Wantonness Are Barred By

State-Agent Immunity.

Counts VI and VII allege, respectively, negligence and recklessness and

wantonness by Assistant Principal Watts arising from supervision of students in a

public school. (Doc. 1, p. 11-12, ¶¶ 69-76). Because the Defendant is entitled to

State-agent immunity from tort liability while performing official duties, and the facts

alleged in the Complaint do not show any exception to immunity, Counts VI and VII

are due to be dismissed.

“Article I, §14, Ala. Const. (1901), provides ‘That the State of Alabama shall

not be made a defendant in any court of law or equity.’ This is the basis for the

doctrine of sovereign immunity.” Louviere v. Mobile County Bd. of Educ., 670 So.

2d 873, 877 (Ala. 1995). “[M]unicipal boards of education are not agencies of

municipalities, but agencies of the state, ‘empowered to administer public education

within the cities.’ Enterprise City Board of Education v. Miller, 348 So.2d at 783,

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784. Therefore, they enjoy immunity from tort liability.” Hutt v. Etowah Cty. Bd. of

Educ., 454 So. 2d 973, 974 n.2 (Ala. 1984). Persons acting as agents of a board of

education share in the State's sovereign immunity if the act complained of was

committed while they were exercising judgment in performing official

duties.

The Alabama Supreme Court held in Ex parte Cranman, 792 So. 2d 392 (Ala.

2000):

A state agent shall be immune from civil liability when the conduct
made the basis of the claims against the agent is based upon the agent's
...

(5) exercising judgment in the discharge of duties imposed by statute,

rule, or regulation in releasing prisoners, counseling or releasing persons
of unsound mind, or educating students.

Id. at 405. “Generally, state agents are afforded immunity from civil liability when

the conduct made the basis of the claim is based on the exercise of judgment in

supervising and educating students.” Ex parte Nall, 879 So. 2d 541, 544 (Ala. 2003).

“Educating students includes not only classroom teaching, but also supervising and

educating students in all aspects of the educational process.” Ex parte Trottman, 965

So. 2d 780, 783 (Ala. 2007). It is undisputed that the incidents alleged in this lawsuit

occurred while Jane Doe was a student at James Clemens High School, on a school

bus, while Jane Doe and other students were under the supervision of the school

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officials. The Defendant was at all times performing his official duties as an

administrator of James Clemens. “There is no exception under Cranman for ‘tortious’

conduct unless the State agent ‘acts willfully, maliciously, fraudulently, in bad faith,

beyond his ... authority, or under a mistaken interpretation of the law.’ Cranman, 792

So.2d at 405.” Ex parte Nall, 879 So. 2d at 546. Because the Defendant was

performing official supervisory duties within the categories of conduct described in

Ex parte Cranman, and Jane Doe has not stated any facts that, if proved, would

establish an exception to State-agent immunity, the Defendant is entitled to immunity

and the claims for assault, negligence, recklessness and wanton conduct are due to be

dismissed.

V. The Complaint Seeks Relief That Is Not available.

The Complaint seeks unspecified “declaratory and injunctive relief.” (Doc. 1,

p. 12, ¶ B). Nowhere does the Complaint state specifically what relief the Plaintiff

is requesting, so the demand must be dismissed because it seeks an impermissible

“obey-the-law” injunction and fails to specify adequately what the Plaintiff is

requesting that the Defendant be ordered to do or not to do.

In S.E.C. v. Smyth, 420 F.3d 1225 (11th Cir. 2005), the 11th Circuit Court

observed:

This Circuit has held repeatedly that “obey the law” injunctions are

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unenforceable. See e.g. Burton v. City of Belle Glade, 178 F.3d 1175,
1200 (11th Cir. 1999) (holding that injunction which prohibited
municipality from discriminating on the basis of race in its annexation
decisions “would do no more than instruct the City to ‘obey the law,’”
and therefore was invalid); Payne v. Travenol Labs., Inc., 565 F.2d 895,
899 (5th Cir. 1978) (invalidating injunction that prohibited defendant
from violating Title VII in its employment decisions).

Id. at 1233, fn 14. The Court noted further, “[t]he specificity requirement of Rule

65(d) is no mere technicality; [the] command of specificity is a reflection of the

seriousness of the consequences which may flow from a violation of an injunctive

order. An injunction must be framed so that those enjoined know exactly what

conduct the court has prohibited and what steps they must take to conform their

conduct to the law.” Id. (Second alteration in SEC v. Smyth. Quotation marks and

citation omitted). The vague demand for injunctive relief in this case is exactly what

Rule 65, Fed. R. Civ. P. proscribes. The Complaint fails to state any valid claim for

injunctive relief and the demand is due to be dismissed.

WHEREFORE, Defendant Jason Watts respectfully moves to dismiss all

claims against him.

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Respectfully submitted,

/s/ Clay R. Carr

Mark S. Boardman (ASB-8572-B65M)
Clay R. Carr (ASB-5650-C42C)
BOARDMAN, CARR, PETELOS, WATKINS,
& OGLE, P.C.
400 Boardman Drive
Chelsea, Alabama 35043-8211
Telephone: (205) 678-8000
Facsimile: (205) 678-0000

Attorneys for Defendant Jason Watts

CERTIFICATE OF SERVICE

I hereby certify that on May 8, 2023, I electronically filed the foregoing

with the Clerk of the Court using the CM/ECF system which will send notification
of such filing to the following:

Teri Ryder Mastando, Esq. Taylor P. Brooks, Esq.

Eric J. Artrip, Esq. LANIER FORD SHAVER & PAYNE P.C.
MASTANDO & ARTRIP, LLC 2101 Clinton Avenue West, Suite 102
301 Holmes Avenue, NE, Suite 100 P.O. Box 2087
Huntsville, Alabama 35801 Huntsville, Alabama 35804
[email protected] [email protected]
[email protected]

/s/ Clay R. Carr

OF COUNSEL

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