Opinion

Bradford v. Morehouse Parish School Board

Court
District Court, W.D. Louisiana
Filed
Jun 22, 2022
Cited by
0 cases
Authority
More cited than 22.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

MONROE DIVISION

ROBERT A. BRADFORD CIVIL ACTION NO. 3:20-01585

VERSUS JUDGE TERRY A. DOUGHTY

MOREHOUSE PARISH SCHOOL MAG. JUDGE KAYLA D. MCCLUSKY

BOARD, ET AL.

MEMORANDUM RULING

Before this Court is a Motion for Summary Judgment [Doc. No. 30] filed by Defendants

Morehouse Parish School Board (“MPSB”) and David Gray (“Gray”). An Opposition [Doc. No.

33] was filed by Plaintiff Robert A. Bradford (“Bradford”) on May 31, 2022. A Reply [Doc. No.

34] was filed by MPSB and Gray on June 7, 2022.

For the reasons set forth herein, MPSB and Gray’s Motion for Summary Judgment

is GRANTED.

I. BACKGROUND

On December 7, 2020, Bradford filed a Complaint [Doc. No. 1] against MPSB alleging

violations of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000(e) et seq.,

and the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq.1

Bradford was employed by MPSB on September 20, 2017, working at Bastrop High

School, teaching “Life Skills” and “Job Skills.”2 Bradford worked as a physical education

(“PE”) teacher at H.V. Adams Elementary School in the beginning of the 2018-2019 school year,

but prior to the school year ending, he was transferred to Delta Junior High School (“Delta”) as

an elementary PE teacher.3

1 Louisiana State Law claims have been dismissed [Doc. No. 7].

2 Bradford had previously been employed by MPSB in 1992-1995, and again in 2000-2006.

3 Bradford Deposition [Doc. No. 30-4, pp 38-50].

Bradford was terminated on April 12, 2019. MPSB and Gray maintain Bradford’s

termination was due to an incident which occurred on March 13, 2019, in which Bradford

allegedly used unnecessary physical force toward two second-grade students. Bradford was

alleged to have grabbed one second-grade student, C.M, by the arm, shook him, and then threw

him down, causing him to hit his head on the bleachers. Bradford was also alleged to have

grabbed another second-grade student, J.N., by the shoulder, picked him up by his shirt, and

brought him to a standing position on his toes.4

On March 13, 2019, MPSB Superintendent Gray received an oral report from Ralph

Davenport (“Davenport”), MPSB Supervisor of Child Welfare & Attendance, who reported that

while at Delta on the morning of March 13, 2019, Davenport observed several parents in the

principal’s office complaining to the principal about the physical abuse by Bradford to their

children. Gray directed Davenport to further investigate the allegations. Davenport returned to

Delta and provided Gray with a written report on March 18, 2019, which confirmed the

allegations.5

The principal of Delta, Karmen Murry (“Murry”) interviewed students in the class

individually and in small groups. MPSB and Gray maintain Murry’s notes6 confirm the

incidents. Bradford argues the notes of interviews are inconsistent.

After the investigation, Bradford was discharged. MPSB and Gray maintain Bradford’s

race or age had nothing to do with his termination, and Bradford was terminated based upon his

action toward the two students.7 MPSB and Gray maintain that Bradford was not treated

4 [Doc. No. 30-2, p. 2].

5 Affidavit of David Gray, [Doc. No. 30-10, pp.4-5].

6 [Doc. No. 33-9, and 33-10].

7 Affidavit of David Gray, [Doc. No. 30-1, ¶12].

differently from similarly situated white employees and was replaced by a person of the same

race.

Although Bradford initially listed seven comparators, he argues only two, Emily Fulmer

(“Fulmer”) and Rose Clayton (“Clayton”), as comparators in his brief.8 Bradford alleges the

incident involving the second-grade students is untrue and that he was fired because he was

black and fifty-six years old.

II. LAW AND ANALYSIS

A. Standard of Review

Summary judgment is appropriate when the evidence before a court shows “that there is

no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of

law.” FED. R. CIV. P. 56(a). A fact is “material” if proof of its existence or nonexistence would

affect the outcome of the lawsuit under applicable law in the case. Anderson v. Liberty Lobby,

Inc., 477 U.S. 242, 248 (1986). A dispute about a material fact is “genuine” if the evidence is

such that a reasonable fact finder could render a verdict for the nonmoving party. Id.

“[A] party seeking summary judgment always bears the initial responsibility of

informing the district court of the basis for its motion, and identifying those portions of ‘the

pleadings, depositions, answers to interrogatories, and admissions on file, together with the

affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.”

Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting Anderson, 477 U.S. at 247). “The

moving party may meet its burden to demonstrate the absence of a genuine issue of material fact

by pointing out that the record contains no support for the non-moving party’s claim.” Stahl v.

Novartis Pharm. Corp., 283 F.3d 254, 263 (5th Cir. 2002). Thereafter, if the non-movant is

8 [Doc. No. 33-1, p.1].

unable to identify anything in the record to support its claim, summary judgment is appropriate.

Id. “The court need consider only the cited materials, but it may consider other materials in the

record.” Fed. R. Civ. P. 56(c)(3).

In evaluating a motion for summary judgment, courts “may not make credibility

determinations or weigh the evidence” and “must resolve all ambiguities and draw all

permissible inferences in favor of the non-moving party.” Total E & P USA Inc. v. Kerr–McGee

Oil and Gas Corp., 719 F.3d 424, 434 (5th Cir. 2013) (citations omitted). While courts will

“resolve factual controversies in favor of the nonmoving party,” an actual controversy exists only

“when both parties have submitted evidence of contradictory facts.” Little v. Liquid Air. Corp.,

37 F.3d 1069, 1075 (5th Cir. 1994). To rebut a properly supported motion for summary

judgment, the opposing party must show, with “significant probative evidence,” that a genuine

issue of material fact exists. Hamilton v. Segue Software, Inc., 232 F.3d 473, 477 (5th Cir. 2000)

(emphasis added). “‘If the evidence is merely colorable, or is not significantly probative,’

summary judgment is appropriate.” Cutting Underwater Tech. USA, Inc. v. Eni U.S. Operating

Co., 671 F.3d 512, 517 (5th Cir. 2012) (quoting Anderson, 477 U.S. at 248).

Relatedly, there can be no genuine dispute as to a material fact when a party fails “to

make a showing sufficient to establish the existence of an element essential to that party’s case,

and on which that party will bear the burden of proof at trial.” Celotex Corp., 477 U.S. at 322-

23. This is true “since a complete failure of proof concerning an essential element of the

nonmoving party’s case necessarily renders all other facts immaterial.” Id. at 323.

B. Title VII Race Discrimination

The ultimate burden of persuading the trier of fact that the defendant intentionally

discriminated against plaintiff remains at all times with plaintiff.9 Whereas here, plaintiff relies

solely on circumstantial evidence of discrimination, the McDonnell Douglas Corp. v. Green, 411

U.S. 792 (1973) burden-shifting framework applies. This framework consists of three prongs:

1) the plaintiff must establish a “prima facie case” of discrimination; 2) if the plaintiff establishes

a prima facie case, the burden then shifts to the defendant to articulate a legitimate reason for the

adverse employment action; and 3) if the employer satisfies its burden, the burden then shifts

back to plaintiff to show the reason is a pretext.10

A. Prima facie case of discrimination

To establish a prima facie case of discriminatory discharge under the McDonnel Douglas

framework, the plaintiff must show that he was 1) a member of a protected class; 2) qualified for

his employment position; 3) terminated by the employer; and 4) replaced by someone outside of

the protected class or treated otherwise less favorably than others who were similarly situated but

outside the protected class.11

Defendants do not dispute the first three elements12 but maintain Bradford is unable to

establish the fourth element – that Bradford was replaced by someone outside of the protected

class or treated less favorably than other similarly situated employees outside of the protected

group. Because the evidence demonstrates Bradford was replaced by someone within his

protected group,13 the issue is whether Bradford can show that he was treated differently than

similarly situated employees outside of his protected group. “Similarly situated” is construed

narrowly, requiring the employee’s situations to be nearly identical.14

9 Texas Dept. of Cmty. Affs. V. Burdine, 450 U.S. 248, 253 (1981).

10 Jones v. Gulf Coast Rest. Group, Inc., 8 F.4d 363, 368 (5th Cir. 2021).

11 Ross v. Judson Independent School District, 993 F.3d 315 (5th Cir. 2021).

12 [Doc. No. 30-2, p. 13].

13 Affidavit of David Gray [Doc. N. 30-10, ¶ 9-10].

14 Zeng v. Texas Tech Univ. Health Sci. Ctr. At El Paso, 836 F. Appx. 203, 209 (5th Cir. 2020).

An employee may be “similarly situated” when the employee being compared held the

same job or responsibilities, shared the same supervisor, or had their employment status

determined by the same person, and have essentially comparable violation histories. The

comparator’s violation history must also be of “comparative seriousness” which refers to the

employee’s misconduct, not the punishment which may be available under the employee’s

policies.15

In Bradford’s Amended Complaint, he lists seven comparators,16 however, in his

opposition,17 Bradford only argues Comparator One (Fulmer) and Comparator Three (Clayton)

as comparators.18 Because Bradford did not argue in his brief that the other five were

comparators, and because the uncontested evidence shows the remaining five are not proper

comparators,19 only Fulmer and Clayton will be discussed as comparators.

Emily Fulmer

Bradford maintains Fulmer is a white, female teacher that choked a student, that the

incident was investigated, and that Fulmer was not disciplined.20 In Bradford’s Opposition, he

argues Fulmer allegedly choked one of her students on February 28, 2019. The incident was

witnessed by another teacher, Marisa Bible (“Bible”). The student (“O.R.”), wrote a statement in

which he said “Mrs. Fulmer tried to grab me, but she hit my neck. I got mad and told her Ima

punch you in the face if you touch me again.”21 Fulmer’s statement stated “I asked O.R. to look

at me and he refused. I reached for the front of his shirt to pull him to me, and he starts yelling

15 Lee v. Kansas City S. Ry. Co., 574 F.3d 253, 260-70 (5th Cir. 2009).

16 [Doc. No. 7, ¶¶81-92].

17 [Doc. No. 33].

18 [Doc. No. 33 pp. 4-7, pp. 15-16].

19 [Doc. No. 30 pp. 18-25].

20 [Doc. No. 7, ¶¶ 80-81].

21 [Doc. No. 33-6 pp. 6-7].

let me go and you are choking me.”22 Bible wrote that O.R.’s statement saying Fulmer was

choking him was a fabrication. Bible wrote that Fulmer never touched O.R.’s neck. None of the

statements, not even O.R.’s, indicated Fulmer was choking him.23

Fulmer’s deposition (taken on March 24, 2022)24 was attached. She was still a fifth-

grade teacher at Delta and had been for approximately eight years. Fulmer detailed the incident

with O.R. She testified that O.R. was brought to her class by Bible. O.R. was yelling and tried

to leave the classroom. She reached for his shirt, and O.R. started yelling that Fulmer was

choking him. Fulmer testified that O.R. leaped at her to attack her, but Bible jumped in front of

O.R. Fulmer denied choking O.R. and actually testified that she never even touched O.R.

because he jerked back. Her intentions were to pull O.R. back into the classroom and shut the

door.

O.R. was suspended for the incident and when he came back to school he apologized to

Fulmer. Fulmer filled out a Louisiana Department of Education School Behavior Report on the

incident.25

Gray, Superintendent of MPSB, submitted an Affidavit regarding this.26 In the Affidavit,

Gray stated the principals at Delta investigated the incident involving Fulmer and found no

reason to report anything to Gray because the choking incident did not occur. Gray received no

complaint from the parent and was not forwarded any complaint by a parent from the school.27

22 [Doc. No. 33-6 pp. 2-3].

23 [Doc. No. 33-6, pp. 4-5].

24 [Doc. No. 30-9].

25 [Doc. No. 33-6].

26 [Doc. No. 30-10].

27 Id. ¶20.

Rose Clayton

In his Amended Complaint, Bradford alleges in paragraphs 85 and 86 that Clayton called

a child a “black b***h” in front of a number of students. One of the principals at Delta, Murry,28

testified at her deposition (taken on March 23, 2022) that she is currently the Curriculum

Coordinator for the Morehouse Parish School System. She was principal at Delta from January

2018 to July 2021. She was co-principal with Carla Martin (“Martin”).

She investigated the incident involving Clayton.29 The incident was fully investigated by

her. She never made a report to Superintendent Gray because there was no evidence to

corroborate that the incident actually happened.30

Superintendent Gray also confirmed31 that he was not advised of the incident involving

Clayton because the principal investigated the complaint and found no evidence to support the

allegation.

Robert Bradford

On March 13, 2019, Superintendent Gray received an oral report from Davenport, the

Supervisor of Child Welfare & Attendance, who reported that while at Delta, he observed several

parents in the principal’s office complaining to the principal about physical abuse by Bradford to

their children. Gray directed Davenport to further investigate the allegations. Davenport

returned to Delta and provided Gray a written report on March 18, 2019.32 Davenport’s report

indicates Bradford received complaints of shaking a student, causing him to fall to the floor,

28 [Doc. No. 30-7].

29 She also investigated the incident involving Fulmer.

30 [Doc. No. 30-7, pp. 16-17].

31 Affidavit of David Gray, [Doc. No. 30-10 ¶ 23-24].

32 [Doc. No. 33-16].

picking up another student by his shirt to place him against the wall, and of using inappropriate

language with the students.33

Davenport and Murry interviewed Bradford, who denied the allegations. Davenport’s

report indicated evidence from the students in the class strongly showed that Bradford used

unnecessary physical force to discipline the students involved.

The deposition of Murry was also attached.34 Murry testified that she, Martin and

Davenport interviewed students and staff with regard to the allegations against Bradford. Murry

conducted most of the interviews. She took interview notes.35 The interview notes were taken

on March 13, and March 14, 2019. Some of the second-grade students were interviewed

individually and some as a group. Bradford argues the notes were inconsistent. However, the

vast majority of the students interviewed gave facts consistent with Bradford getting angry at the

second-grade class, grabbing C.M. by the arm and throwing him down, and in picking J.N. up by

his shirt and putting him against the wall.

The first group of six students36 all told the same story that Bradford picked J.N. up by

the shirt and J.N. running away, with Bradford running after him like he was going to hit him

with a bottle. One of the six interviewed also said Bradford grabbed his arm and almost made

him cry. An individual student interviewed said some of the kids were under the bleachers, and

Bradford began beating on the bleachers resulting in the students running.37

33 Indicating the “B and S” words.

34 [Doc. No. 30-7].

35 [Doc. No. 33-10].

36 [Doc. No. 33-10, p. 1].

37 [Doc. No. 33-10, p. 2].

One student, D.W., issued a hand-written statement that he was hit on his arm. The

statement was difficult to understand because it was written by a young child, but the statement

indicated that he was hit.38

A group of five students was interviewed the next day, March 14, 2019.39 The students

indicated that some of the students were going under the bleachers. Bradford told them to get

out and get up against the wall. J.N. did not get up and Bradford told him to “get his ass up,”

yanked J.N. up hard, and J.N. ran away, resulting in Bradford throwing a bottle at him.

A second group of five students was also interviewed on March 14, 2019. This group

stated J.N. was doing cartwheels by the wall. Bradford yelled at J.N. to stop. J.N. took off

running and Bradford threw a bottle at him. The students said Bradford said the “B” word and

the “S” word.

A third group of five students was interviewed on March 14, 2019.40 A group of students

were going under the bleachers. Bradford told everyone to get up against the wall. Bradford

pulled J.N.’s shirt collar. J.N. said he was going to tell his mother and Bradford said he was not

scared of his mother. J.N. ran out the door and Bradford tried to hit J.N. with a bottle. The

students stated they heard Bradford cussing, using the “B” word.

An individual student (who evidently wrote out his own statement)41 indicated “he” was

shaking the student hard, and the student fell down.

Another individual student stated Bradford pushed a student down with his hand and

shook him hard. The student did not cry.42

38 [Doc. No. 33-10, p.3].

39 Id. p.4.

40 Id. p.5.

41 Id. p.6.

42 Id. p.7.

Another individual student (interviewed on the day of the incident) said “he” pushed a

student, yanked, and shook him, resulting in the student bumping his head.43

J.N. stated Bradford put his hand on him because he went to the bathroom and was

playing. He said Bradford tried to hit him with a water bottle.44 Another student said Bradford

grabbed a student on the shoulder and yanked.45

J.N. also stated Bradford told them to go to the wall. Bradford grabbed him by the

shoulder to put J.N. on the wall. Bradford became angry and told them to go outside, and

Bradford was acting like he was going to chase J.N.. J.N. went to the office to call his mother.46

C.M. stated Bradford started getting angry for no reason. Bradford held his arm and

when C.M. tried to get away, Bradford threw him into the bleachers. C.M. said he hit his head

on the bleachers. Another student also verified the incident indicating Bradford grabbed C.M.’s

arm and threw him, that Bradford was angry, called everybody “stupid”, and had a water bottle

in his hand, acting like he would hit J.N.47

Another individual student was interviewed on March 14, 2019. The student stated some

of the students started climbing onto and under the bleachers. The students apparently started to

annoy Bradford by doing this, and he told them to stand against the wall. J.N. did not want to

line up against the wall, and Bradford started running after J.N. and acting like he was going to

throw a bottle at him. J.N. said he was going to tell his mother and Bradford said, “what’s your

mama going to do to me?”48

43 Id. p.8.

44 Id. p. 10.

45 Id. p. 10.

46 Id. p. 11.

47 Id. pp. 12-17.

48 Id. p. 18.

In his Affidavit, Superintendent Gray stated Davenport reported the incident to him, and

he had Davenport investigate. After the students were interviewed, confirming the allegations

against Bradford, Gray sent a letter to Bradford, terminating him.49

In conclusion, it is the Court’s opinion that Bradford was not treated less favorably than

Fulmer and Clayton. The obvious difference is that there was no corroborating evidence that

Fulmer or Clayton did anything wrong, and there was corroborating evidence from almost the

entire second-grade class that Bradford did. Therefore, this Court finds that Bradford has not

made a prima facie case of discrimination under Title VII.

B. Legitimate Reason for Employment Action/Pretext

Even if Bradford were to make out a prima facie case of discrimination, MPSB has

articulated a legitimate reason for Bradford’s termination – violation of MPSB’s policy against

unnecessary physical force and/or improper use of corporal punishment.50 Therefore, the burden

of proof would shift to Bradford to prove that the legitimate reasons offered by the Defendant

were not its true reasons but were just a pretext for discrimination. A plaintiff proves pretext

either directly by showing a discriminatory reason more likely motivated the employer’s

decision, or indirectly showing the employer’s explanation is not worthy of credence.51

Bradford has not met this burden. Unlike the allegations against Fulmer and Clayton, the

allegations against Bradford were substantiated by the second-grade students in Bradford’s class.

There is no evidence of pretext.

Therefore, the Motion for Summary Judgment filed by MPSB and Gray [Doc. No. 30] is

GRANTED with regard to Bradford’s Title VII racial discrimination claim.

49 [Doc. No. 30-10 ¶¶ 4-7].

50 [Doc. No. 30-10, pp.15-16].

51 Burdine, 450 U.S. 256.

C. Age Discrimination Claim

Bradford’s remaining claim is based upon age discrimination under the ADEA. Like

Title VII, claims involving circumstantial evidence are also evaluated under the McDonnell

Douglas burden-shifting standard.52 Bradford must establish a prima facie case by

demonstrating that: 1) he was discharged; 2) was qualified for the position; 3) was within the

protected class at the time of discharge; and 4) was either replaced by someone outside the

protected class, replaced by someone younger, or otherwise discharged because of his age.53

The first three elements are uncontested. As to the fourth element, Bradford was fifty-six

years old at the time of his termination. Bradford was discharged on April 12, 2019, toward the

end of the school year. Bradford was initially replaced, for the remainder of the school year,

with a substitute teacher, Carolyn Glosson (“Glosson”), who was fifty-nine years old, three years

older than Bradford.54 At the beginning of the 2019-2020 school year, MPSB only received one

application by a certified teacher, Raymece Savage (“Savage”), a black male that was younger

than forty years old.55 Because Glosson was a substitute teacher and a temporary replacement,

this Court finds Bradford was replaced by Savage and has therefore made out a prima facie case.

However, as noted in the discussions in Bradford’s Title VII claim, MPSB and Gray

have articulated a legitimate reason for Bradford’s termination, and Bradford is unable to prove

the termination was pretextual. Therefore, Bradford’s age discrimination complaint also fails.

The Motion for Summary Judgment filed by MPSB and Gray is GRANTED as to

Bradford’s ADEA age discrimination claim.

52 Goudeau v. National Oilwell Varco, L.P. 793 F.3d 470, 474 (5th Cir. 2015).

53 Rachid v. Jack in the Box, Inc. 376 F.3d 305, 309 (5th Cir. 2004).

54 Affidavit of David Gray [Doc. No. 30-10, ¶9].

55 Id. ¶10.

CONCLUSION

For the reasons set forth in the Memorandum Ruling, the Motion for Summary Judgment

filed by MPSB and Gray is GRANTED, and Plaintiff’s claims are DISMISSED WITH

PREJUDICE.

Monroe, Louisiana, this 22" day of June 2022.

UNITED STATES DISTRIC, DGE

14

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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