Opinion

Lawrence

Court
District Court, N.D. Texas
Filed
Jun 15, 2026
Cited by
0 cases
Authority
More cited than 41.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ROSALIND LAWRENCE, §

§

Plaintiff, §

§

v. § Civil Action No. 3:25-CV-2424-N

§

CLEBURNE INDEPENDENT §

SCHOOL DISTRICT, et al., §

§

Defendants. §

MEMORANDUM OPINION AND ORDER

This Order addresses Defendant Cleburne Independent School District (“CISD”),

Coby Kirkpatrick, Deanna King, and Elizabeth Childress’s (collectively “Defendants”)

motion to dismiss [14]. For the reasons stated below, the Court partially grants and

partially denies Defendants’ motion to dismiss.

I. ORIGINS OF THE MOTION

This case arises from Lawrence’s employment with CISD. Lawrence is Black and

a woman. Pl.’s Am. Compl. ¶ 5 [11].1 She was the Girls’ Athletic Coordinator and Girls

Varsity Head Coach. Id. ¶ 19. Lawrence alleges that, while employed by a CISD high

school, CISD unlawfully discriminated and retaliated against her after she engaged in free

speech opposing discrimination in the workplace. Id. ¶¶ 1–7. Kirkpatrick is CISD’s

superintendent, and King and Childress are both members of CISD’s Board of Trustees.

Id. ¶¶ 13, 15–16.

1 For purposes of this Order, the Court accepts Lawrence’s well-pleaded allegations as true.

Beginning in 2023, Defendants treated Lawrence differently than non-Black and

male employees who had not engaged in free speech opposing discrimination in the

workplace, including demoting and humiliating her. Id. ¶¶ 6, 66–82. Lawrence asserts

five claims under Title VII of the Civil Rights Act of 1964 and section 1983. See generally

Pl.’s Am. Compl.

Lawrence claims the basis for her opposition to Defendants’ alleged unlawful

conduct began in 2021. Over the course of a year, several white teachers and coaches made

racially offensive comments against students of color, made sexually inappropriate

comments about female students, and inappropriately touched female students. Id. ¶ 47.

She alleges that CISD handled an allegation against a Black male coach differently and

worse than white male coaches or teachers accused of similar or worse conduct. Id. ¶ 48.

Lawrence alleges that while Defendants took “little to no action” against the white males,

Defendants took action against the Black male and Defendants had disparate investigation

efforts.

In 2022, Lawrence openly complained about these racially disparate responses,

made presentations to administrations, and complained to management and the Board of

Trustees. Id. ¶¶ 50–52. However, CISD refused to take action. Id. ¶¶ 54–60. Instead,

CISD conducted irrelevant training on economic disparities. Id.

In 2023, Defendants escalated their hostility by threating to fire Lawrence’s former

supervisor if her supervisor did not fire her. Id. ¶¶ 61–64. King told the supervisor that

Lawrence was not appropriate to coach within CISD because Lawrence is Black. Id. ¶ 65.

Defendants demoted the supervisor and the supervisor ultimately resigned. Id. ¶ 68.

Subsequently, CISD hired a new supervisor, Jimmy Hestand, and a new superintendent,

Kirkpatrick. Id. ¶ 78. Additionally, King and Childress complained to Hestand about

Lawrence’s previous verbal opposition to race discrimination within CISD. Id. ¶ 84. Prior

to King and Childress’s complaints, Lawrence received all positive performance reviews.

Id. ¶¶ 77, 94.

In the Fall of 2023, CISD removed Lawrence from CISD’s monthly athletics’ upper

management administrative and organizational meetings. Id. ¶ 74. Then, before May

2024, CISD and Kirkpatrick demoted Lawrence from both her positions. Id. ¶ 38.

Defendants forced Lawrence to use a different office next to the girls’ locker room for over

two months. Id. ¶ 44. This was different from how CISD treated a white male coach under

similar circumstances, and forced Lawrence to endure stares, gossip, and served as a

reminder that she lacked authority and prestige. Id. ¶¶ 44–45. Finally, Lawrence alleges

that Defendants did not follow their normal policies and procedures with respect to her

demotion. Lawrence claims that Defendants circumvented CISD policy based on fictional

complaints and took action without providing her an opportunity to respond, notice, or a

chance to improve. Id. ¶ 85.

Defendants now move to dismiss all Lawrence’s claims.

II. RULE 12(B)(6) LEGAL STANDARD

When deciding a Rule 12(b)(6) motion to dismiss, a court must determine whether

the plaintiff has asserted a legally sufficient claim for relief. Blackburn v. City of Marshall,

42 F.3d 925, 931 (5th Cir. 1995). A viable complaint must include “enough facts to state

a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S.

544, 570 (2007). To meet this “facial plausibility” standard, a plaintiff must plead “factual

content that allows the court to draw the reasonable inference that the defendant is liable

for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

A court generally accepts well-pleaded facts as true and construes the complaint in

the light most favorable to the plaintiff. Gines v. D.R. Horton, Inc., 699 F.3d 812, 816 (5th

Cir. 2012). But a plaintiff must provide “more than labels and conclusions, and a formulaic

recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555.

“Factual allegations must be enough to raise a right to relief above the speculative level

. . . on the assumption that all the allegations in the complaint are true (even if doubtful in

fact).” Id. (citations omitted). In ruling on a Rule 12(b)(6) motion, a court generally limits

its review to the face of the pleadings, accepting as true all well-pleaded facts and viewing

them in the light most favorable to the plaintiff. See Spivey v. Robertson, 197 F.3d 772,

774 (5th Cir. 1999).

III. LAWRENCE STATES A PLAUSIBLE TITLE VII CLAIM

Title VII makes it unlawful “to fail or refuse to hire or to discharge any individual,

or otherwise to discriminate against any individual with respect to his compensation, terms,

conditions, or privileges of employment, because of such individual’s race, color, religion,

sex, or national origin.” 42 U.S.C. § 2000e–2(a)(1).

There are two ultimate elements a plaintiff must plead to support a disparate

treatment claim under Title VII: (1) an “adverse employment action,” (2) taken against a

plaintiff “because of her protected status.” Cicalese v. Univ. of Texas Med. Branch, 924

F.3d 762, 767 (5th Cir. 2019) (emphasis in original). At the motion to dismiss stage, “a

plaintiff need not submit evidence to establish the prima facie case for discrimination.”

Davis v. Tex. Health & Hum. Servs. Comm’n, 761 F. App’x 451, 454 (5th Cir. 2019)

(unpub. per curiam) (citing Chhim v. Univ. of Tex., 836 F.3d 467, 470 (5th Cir. 2016) (per

curiam)).

Defendants argue only that Lawrence failed to allege sufficient facts to establish

that any adverse action was taken against Lawrence “because of” Lawrence’s protected

class. Def.’s Mot. Br. 9. However, Lawrence “need not make out a prima facie case of

discrimination under McDonnell Douglas” at the pleadings stage. Cicalese, 924 F.3d at

766. At this stage, Lawrence’s claims are at least plausible. To satisfy the “because of”

prong Lawrence must show others “similarly situated” but outside the protected class were

treated more favorably through comparators. See Lee v. Kan. City S. Ry. Co., 574 F.3d

253, 259 (5th Cir. 2009).

Lawrence has identified plausible comparators and sufficiently these comparators

engaged in “same, similar, or worse conduct.” At this stage, a court not “inappropriately

heighten[ ] the pleading standard by subjecting a plaintiff’s allegations to a rigorous factual

or evidentiary analysis under McDonnell Douglas.” Cicalese, 924 F.3d at 767 (5th Cir.

2019) (alteration in original).

Lawrence alleges that CISD pursued “pretextual retaliatory allegations against” her

because of her race and or her gender. Pl.’s Am. Compl. ¶ 86. Specifically, Lawrence

alleges that white or white male coaches and teachers used racially or sexually

inappropriate language, but Defendants did not discipline them. Id. ¶ 47. Similarly,

Lawrence alleges Kirkpatrick removed Lawrence, among other reasons, for “blunt

language.” Id. 39. These allegations are sufficient at this stage. Cf. Olivarez v. T-mobile

USA, Inc., 997 F.3d 595, 600 (5th Cir. 2021) (holding a complaint failed to state a plausible

claim when “there is no allegation that any non-transgender employee with a similar job

and supervisor and who engaged in the same conduct as [plaintiff] received more favorable

treatment”).

For comparators to share “nearly identical circumstances” with Lawrence, she must

show that the comparators “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.” Lee v. Ks. City So. Rwy. Co., 574 F.3d 253,

260 (5th Cir. 2009). The complaint alleges CISD handled complaints against “white male

teachers and coaches” differently and provided examples of how white male coaches were

treated in comparison to her. In two instances, Kirkpatrick followed CISD policies when

there were parental complaints being made against a white male coach and a white male

teacher. Id. ¶ 37. Kirkpatrick did not here. And, in contrast to Lawrence, when CISD

demoted a white male coach, CISD immediately assigned him an office in the Central

Office building so he did not interact with students and staff. Id. ¶ 45.

This is sufficient to plausibly suggest intentional race and gender discrimination.

See Thornton v. Univ. of Texas Sw. Med. Ctr. Sch. of Med., 2025 WL 619166, at *3 (5th

Cir. 2025) (unpub.) (affirming dismissal when “a complaint failed to plead any facts that

would permit a reasonable inference that [plaintiff] was terminated because of [his

protected] identity”) (internal quotations omitted); cf. Lewis v. City of Dallas, 2016 WL

11474104, at *4 (N.D. Tex. 2016) (“A bare-bones allegation that the [Defendant] treated

[Plaintiff] less favorably than similarly situated nonblack employees will not suffice.”).

Accordingly, the Court denies Defendants’ motion to dismiss Lawrence’s Title VII

discrimination claims.

V. LAWRENCE FAILS TO PLEAD A TITLE VII RETALIATION CLAIM

The Court concludes that Lawrence establishes a claim for retaliation. To state a

claim for retaliation in violation of Title VII, a plaintiff must allege that “(1) he participated

in an activity protected by Title VII; (2) his employer took an adverse employment action

against him; and (3) a causal connection exists between the protected activity and the

adverse employment action.” McCoy v. City of Shreveport, 492 F.3d 551, 556–57 (5th Cir.

2007) (citations omitted). Protected activity under Title VII can take one of two broader

forms: (1) opposing an unlawful employment practice; or (2) making a charge, testifying,

assisting, or participating in a Title VII investigation, proceeding, or hearing. Byers v.

Dallas Morning News, 209 F.3d 419, 427–28 (5th Cir. 2000).

“Protected activity is defined as opposition to any practice rendered unlawful by

Title VII . . . .” Ackel v. Nat’l Commc’ns, Inc., 339 F.3d 376, 385 (5th Cir. 2003) (internal

quotation marks omitted). To satisfy this opposition requirement, [a plaintiff] need only

show that she had a reasonable belief that the employer was engaged in unlawful

employment practices.” Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 348 (5th

Cir. 2007) (internal citation omitted). Lawrence alleges she participated in protected

activity twice.

First, Lawrence alleges that she “began openly complaining about the racially

disparate responses by CISD to [racially and sexually offensive] incidents.” Pl.’s Am.

Compl. ¶¶ 49–50. This “included making a presentation to administration explaining the

racially disparate responses and how CISD needed to change.” Id. ¶ 51.

Second, Lawrence alleges she spoke separately with King and Childress about a

CISD training on economic disparities. Id. ¶ 56. Lawrence stated that she told King and

Childress “the trainings were a failure since they did not address the racial discrimination

issues that had been the source of the problems and her complaints.” Id. ¶ 57.

Lawrence’s allegations regarding her reasonable belief that Defendants were

engaged in unlawful employment practices are too conclusory. Lawrence alleges she

opposed CISD not abiding by policies and practices based on race and gender when its

employees engaged in misconduct. Pl.’s Am. Compl. ¶ 81. This misconduct includes

white females referring to Black students as “monkeys” or the N-word, a white male

teacher engaging in sexual misconduct and using racially offensive language towards

Hispanic students, and male teachers engaged in sexually inappropriate conduct with

female students. Id. ¶ 47.

She alleges that CISD handled an allegation against a Black male coach differently

and worse than white male coaches or teachers accused of “same, similar, or worse

conduct.” Id. ¶ 48. Lawrence provides no further details about the type of “similar”

conduct or the allegation against the Black male. Thus, Lawrence fails to plead facts

supporting a reasonable belief that Defendants engaged in unlawful employment practices.

See Chhim, 836 F.3d at 470–71 (holding a court cannot “draw [a] reasonable inference”

based on assumptions); e.g., Nunez-Renck v. Int’l Bus. Machines Corp., 2024 WL 1495787,

at *5 (N.D. Tex. 2024) (dismissing a retaliation claim for failure to provide sufficient

factual allegations to substantiate plaintiff’s assertion that she engaged in protected

activity).

However, Lawrence plausibly alleges that she suffered an adverse employment

action. Burlington N. & S. F. R. Co. v. White, 548 U.S. 53, 68 (2006). Lawrence alleges

Defendants demoted her and that she suffered a “reduction in pay, reduction in authority,

elimination from athletics, [and] submission to daily humiliation.” Pl.’s Am. Compl. ¶¶

44–46, 74 89. These actions would reasonably dissuade a reasonable employee from

reporting discrimination. E.g., Hamilton v. Dallas Cnty., 79 F.4th 494, 501 (5th Cir. 2023)

(en banc) (“Title VII plaintiff may recover damages even for “discrimination in the ‘terms,

conditions, or privileges of employment’ ” that “did not involve a discharge,” “loss of pay,”

or other “concrete effect on [his or her] employment status.”)

Lawrence also plausibly alleges causal connection. Lawrence alleges Defendants

told Lawrence’s prior supervisor, Jeri Hall, to remove Lawrence from her position in

response to Lawrence’s protected activity. Id. ¶ 64. The assistant superintendent of CISD

threatened to remove Hall if she did not “get rid of Lawrence.” Id. ¶ 62–63. When Hall

refused, Defendants demoted Hall. Id. ¶ 68. CISD hired a new supervisor and

superintendent, Kirkpatrick, who learned about Lawrence’s speech from King and

Childress. Id. ¶ 78. Defendants then took adverse action. Id. ¶ 74–80. These facts state a

plausible connection between Lawrence’s opposition and the alleged retaliation. Cf.

Norsworthy v. Hous. Indep. Sch. Dist., 70 F.4th 332, 336 (5th Cir. 2023).

The Court grants Defendants’ motion to dismiss Lawrence’s Title VII retaliation

claim because she fails to plead facts supporting a reasonable belief Defendants engaged

in misconduct under Title VII.

VI. LAWRENCE STATES A PLAUSIBLE SECTION 1983 EQUAL PROTECTION CLAIM

Lawrence alleges an Equal Protection claim under section 1983, and Defendants

assert at the threshold that Lawrence has failed to plead a claim. Secondarily, Defendants

argue Kirkpatrick, King, and Childress are entitled to qualified immunity.

A. Lawrence Alleges a Plausible Equal Protection Claim

“To state a claim under the Equal Protection Clause, a [section] 1983 plaintiff must

allege that a state actor intentionally discriminated against the plaintiff because of

membership in a protected class.” Williams v. Bramer, 180 F.3d 699, 705 (5th Cir. 1999).

Thus, a plaintiff must demonstrate that he or she has been treated differently due to

membership in a protected class and that the unequal treatment stemmed from a

discriminatory intent. See Hampton Co. Nat’l Sur., LLC v. Tunica County, 543 F.3d 221,

228 (5th Cir. 2008).

“Discriminatory [intent] implies that the decisionmaker singled out a particular

group for disparate treatment and selected his course of action at least in part for the

purpose of causing its adverse effect on an identifiable group.” Taylor v. Johnson, 257

F.3d 470, 473 (5th Cir. 2001) (internal alterations omitted). A plaintiff does not need to

establish a prima facie case of discrimination at the pleading stage. Raj v. La. State Univ.,

714 F.3d 322, 331 (5th Cir. 2013). But a plaintiff must plead “sufficient facts on all of the

ultimate elements of a disparate treatment claim to make his case plausible.” Chhim v.

Univ. of Tex. at Austin, 836 F.3d 467, 470 (5th Cir. 2016). Section 1983 and Title VII are

“parallel causes of action” and the “inquiry into intentional discrimination is essentially the

same . . . .” Lauderdale v. Texas Dep’t of Crim. Just., 512 F.3d 157, 166 (5th Cir. 2007).

Here, Lawrence’s amended complaint contains specific facts of each Individual

Defendant’s actions. Coleman v. Franklin Par. Sch. Bd., 702 F.2d 74, 77 (5th Cir. 1983).

Lawrence also “plead[ed] that each Government-official defendant, through the official’s

own individual actions, has violated the Constitution.” Ashcroft v. Iqbal, 556 U.S. 662,

676 (2009).

Lawrence’s allegations about Kirkpatrick are sufficient to establish a claim under

section 1983. “Discriminatory intent may be proven (among other ways) by departures

from procedural norms, a history of discrimination against others similarly situated, or by

circumstantial evidence, such as a pattern of conduct inexplicable on grounds other than

race.” Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265–66 (1977).

Here, Lawrence alleges Kirkpatrick took actions against her in violation of CISD policies.

Kirkpatrick’s actions were also disparate from actions taken against white employees for

the same or worse conduct than that alleged against Lawrence. Pl.’s Am. Compl. ¶¶ 22–

42, 45, 79, 92. This is sufficient at the pleadings stage to show that Kirkpatrick took

adverse action against Lawrence because of her race. See also Gallegos-Hernandez v.

United States, 688 F.3d 190, 195 (5th Cir. 2012) (“To establish an equal protection claim,

[a plaintiff] must show that two or more classifications of similarly situated persons were

treated differently.”). Accordingly, the Court denies Defendants’ motion to dismiss

Lawrence’s section 1983 claim against Kirkpatrick.

Taking Lawrence’s allegations as true, King and Childress did not treat Lawrence

the same as other teachers and coaches because of her race. See Mercado Azteca, L.L.C.

v. City of Dallas, 2004 WL 2058791, at *6 (N.D. Tex. 2004). As explained above,

Lawrence openly complained about racial discrimination in 2022. E.g., Pl.’s Am. Compl.

¶¶ 49–50 . Subsequently, King and Childress both said that Lawrence was not suitable to

coach the girls’ team because she is Black. Id.¶ 26. They then pressured Kirkpatrick, as

superintendent, to demote Lawrence using those racially discriminatory statements. Id. .

¶¶ 80, 84. Thus, the Court denies Defendants’ motion to dismiss Lawrence’s Equal

Protection claim against King and Childress. See Staub v. Proctor Hosp., 562 U.S. 411,

422-423 (2011) (holding the defendant liable if she “performs an act motivated by

[discriminatory] animus that is intended . . . to cause an adverse employment action, and if

that act is a proximate cause of the ultimate employment action”).

B. The Individual Defendants are Not Entitled to Qualified Immunity

“Qualified immunity is a defense available to public officials performing

discretionary functions ‘insofar as their conduct does not violate clearly established

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

Noyola v. Tex. Dep’t of Human Res., 846 F.2d 1021, 1024 (5th Cir. 1988) (quoting Harlow

v. Fitzgerald, 457 U.S. 800, 818 (1982)). The doctrine of qualified immunity balances two

interests: “the need to hold public officials accountable when they exercise power

irresponsibly and the need to shield officials from harassment, distraction, and liability

when they perform their duties reasonably.” Pearson v. Callahan, 555 U.S. 223, 231

(2009). Because “qualified immunity is designed to shield from civil liability ‘all but the

plainly incompetent or those who knowingly violate the law,’” denial of qualified

immunity is appropriate only in rare circumstances. Brady v. Fort Bend Cnty., 58 F.3d

173, 173–74 (5th Cir. 1995) (quoting Malley v. Briggs, 475 U.S. 335, 341 (1986)).

In this case, Kirkpatrick, King, and Childress have properly raised qualified

immunity. Although qualified immunity is an affirmative defense, defendants may raise it

in a motion to dismiss for failure to state a claim. See, e.g., Club Retro, L.L.C. v. Hilton,

568 F.3d 181, 194 (5th Cir. 2009).

Thus, the Court must assess Lawrence’s section 1983 claims to determine (1)

whether he has shown a violation of a constitutional right, and if so, (2) whether that right

was “clearly established” at the time of the public official’s alleged misconduct. Saucier

v. Katz, 533 U.S. 194, 201 (2001). At the motion to dismiss stage, “it is the defendant’s

conduct as alleged in the complaint that is scrutinized for ‘objective legal reasonableness.’”

McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002) (en banc) (per curiam)

(citing Behrens v. Pelletier, 516 U.S. 299, 309 (1996)).

1. Kirkpatrick is Not Entitled to Qualified Immunity. — As explained above,

to state a claim racial Equal Protection claim the plaintiff “must allege and prove that he

received treatment different from that received by similarly situated individuals” and

“discriminatory intent.” Priester v. Lowndes Cnty., 354 F.3d 414, 424 (citation omitted).

The same conduct detailed earlier applies here. Lawrence has alleged that she received

unequal treatment — that Kirkpatrick manufactured parent complaints and embarrassed

her in front of her colleagues and students — and that she received this treatment because

she is Black. Pl.’s Am. Compl. ¶¶ 37, 45.

These allegations, if true, could support a finding that Kirkpatrick violated

Lawrence’s equal-protection rights. See Jackson v. Duff, 161 F.4th 343, 349 (5th Cir.

2025) (“Thus, generally, where the [pleading] is sufficient to support a claim of intentional

gender or race discrimination, any immunity defense will be foreclosed.”); Taylor v. Ways,

999 F.3d 481 (7th Cir. 2021) (denying qualified immunity because “any public employee

. . . would have known he could not act on the basis of racial animus”); Foster v. Echols

Cnty. Sch. Dist., 169 F.4th 1291, 1301 (11th Cir. 2026) (holding that “every reasonable

official would have understood [deep-seated racial animus] to be unlawful”).

A defendant would still be entitled to qualified immunity if he acted reasonably “in

light of clearly established law at the time of the violation.” Terry v. Hubert, 609 F.3d 757,

761 (5th Cir. 2010). It was clearly established at the time of the alleged violation that the

Equal Protection Clause of the Fourteenth Amendment prohibits racial discrimination. See,

e.g., Bowlby v. City of Aberdeen, 681 F.3d 215, 227 (5th Cir. 2012) (“[T]he main purpose

of the Equal Protection Clause is to prevent official conduct that discriminates on the basis

of race.”) (citing Washington v. Davis, 426 U.S. 229, 239 (1976)).

It was also clearly established that the Equal Protection Clause’s prohibition of

racial discrimination extends to government employees. See, e.g., Blackwell v. Laque, 275

F. App’x 363, 367–68 (5th Cir. 2008) (unpub.) (denying immunity to defendant who

allegedly terminated Black employees based on race because it was clearly established that

the Equal Protection Clause prohibited racial discrimination); Holden v. Knight, 155 F.

App’x 735, 741 (5th Cir. 2005) (unpub.) (holding qualified immunity did not apply because

allegations of racial animus and policy deviations, “if true, show that the defendants’

conduct was not objectively reasonable”). A reasonable person would have known it was

unconstitutional to act with racially discriminatory intent and demote and embarrass an

employee. Accordingly, Kirkpatrick is not entitled to qualified immunity, and Defendants’

motion to dismiss is denied as to this claim. See Anderson, 483 U.S. at 638.

2. King is Not Entitled to Qualified Immunity. — Lawrence’s allegations also

support a finding that Kirk violated her constitutional rights: she has (1) alleged that King

complained to Kirkpatrick about Lawrence’s opposition and exerted pressure on

Kirkpatrick to remove Lawrence from her position; and (2) alleged that King acted with

discriminatory intent, such as when she stated Lawrence was not suited to coach for CISD

because she is Black. Pl.’s Am. Compl. ¶¶ 65, 78, 83–84. Moreover, as described above,

it was clearly established at the time of the alleged violation that it was unconstitutional for

a person with oversight to intentionally discriminate against an employee based on her

race. See Fennell v. Marion Indep. Sch. Dist., 963 F. Supp. 2d 623, 637 (W.D. Tex. 2013).

Because Lawrence’s allegations establish that King violated a clearly established

constitutional right, King is not entitled to qualified immunity and Defendants’ motion to

dismiss is denied as to this claim.

3. Childress is Not Entitled to Qualified Immunity. — Lawrence has also

pleaded that Childress committed a constitutional violation. Lawrence has (1) alleged that

Childress worked with King to pressure Kirkpatrick to remove Lawrence from Lawrence’s

position; and (2) alleged that Childress did so by “poisoning Kirkpatrick against Lawrence

with racially discriminatory statements.” Pl.’s Am. Compl. ¶¶ 83–84. As recited above,

these actions violated a clearly established constitutional right. And, if proven, Lawrence’s

facts could support the inference that Childress acted with discriminatory intent. Thus,

Childress is not entitled to qualified immunity and Defendants’ motion to dismiss is denied

as to this claim.

VII. LAWRENCE PLEADS A PLAUSIBLE SECTION 1983 FREE SPEECH CLAIM

Lawrence alleges a First Amendment retaliation claim under section 1983.

Defendants assert at the threshold that Lawrence has failed to plead facts supporting each

element of a First Amendment claim. Secondarily, Defendants argue they are entitled to

qualified immunity.

A. Lawrence Adequately Pleads a First Amendment Violation

To “establish a [section] 1983 claim for employment retaliation related to speech, a

plaintiff-employee must show: (1) he suffered an adverse employment action; (2) he spoke

as a citizen on a matter of public concern; (3) his interest in the speech outweighs the

government’s interest in the efficient provision of public services; and (4) the speech

precipitated the adverse employment action.” Lowery v. Mills, 157 F.4th 729, 743 (5th Cir.

2025). The parties do not dispute that Defendants were acting under color of state law.

Thus, the Court addresses the remaining elements.

Lawrence sufficiently alleges she spoke as a citizen on a matter of public concern.

“Speech made pursuant to a public employee’s official duties is generally not protected.”

Garcetti v. Ceballos, 547 U.S. 410, 421 (2006). Garcetti also considers “the role the

speaker occupied when he said it.” 547 U.S. at 1960. However, “[t]o hold that any

employee’s speech is not protected merely because it concerns facts that he happened to

learn while at work would severely undercut First Amendment rights.” Charles v. Grief,

522 F.3d 508, 513 (5th Cir. 2008).

Here, Lawrence was not speaking pursuant to her official duties as a basketball

coach or athletic director. Her duties did not “require” her to assess whether teachers and

coaches used “inappropriate language (cursing and sexual comments), racially offensive

comments,” or sexually “touch[ed]” female students. Pl.’s Am. Compl. ¶ 47; cf. Williams

v. Dall. Indep. Sch. Dist., 480 F.3d 689, 694 (5th Cir. 2007) (concluding that the athletic

director’s speech concerned the fulfillment of his daily operations, namely budgeting for

various athletic department expenses). Although part of Lawrence’s speech was to her

supervisors, namely the administration and Board of Trustees, this is not dispositive at the

pleadings stage. See Harris v. Victoria Indep. Sch. Dist., 168 F.3d 216, 224 (5th Cir. 1999)

(“While employee speech cases are a likely vehicle for varied fact scenarios, the law is

clearly established that a mix of public and private speech may be constitutionally

protected.”). Additionally, Lawrence alleged she “openly complained,” which plausibly

includes non-supervisor persons. Pl.’s Am. Compl. ¶ 50. Lawrence’s allegations allow

the Court to reasonably infer that she spoke as a citizen on a matter of public concern.

Lawrence sufficiently alleged she suffered an adverse employment action under the

First Amendment’s different retaliation standard. “Adverse employment actions are

discharges, demotions, refusals to hire, refusals to promote, and reprimands,” but does not

include “mere accusations or criticism,” “investigations,” and “false accusations.” Sharp

v. City of Houston, 164 F.3d 923, 933 (5th Cir. 1999). “To be equivalent to a demotion, a

transfer need not result in a decrease in pay, title, or grade; it can be a demotion if the new

position proves objectively worse — such as being less prestigious or less interesting or

providing less room for advancement.” Id. Here, Lawrence alleges Defendants demoted

her and that she suffered a “reduction in pay, reduction in authority, elimination from

athletics, [and] submission to daily humiliation.” Pl.’s Am. Compl. ¶¶ 44–46, 74 89. This

is sufficient to establish that Defendants took adverse action against Lawrence.2

Lawrence sufficiently alleges that her speech precipitated the adverse employment

action. Her complaints and presentations occurred before the alleged adverse actions

against her. See Pl.’s Am. Compl. ¶ 80. Lawrence received only positive performance

reviews prior to her speech. Id. ¶ 79. And, Lawrence alleges that Defendants knew of her

speech. Id. As explained above, Lawrence alleges sufficient causal connection. In sum,

Defendants told Lawrence’s prior supervisor to remove her based on her speech. Id. ¶ 64.

Defendants hired a new supervisor and superintendent who complied and took adverse

action. Id. ¶¶ 74–80. These facts sufficiently plead that Lawrence’s speech was the “but-

for” cause of Defendants’ alleged retaliation. See Anderson v. Valdez, 845 F.3d 580, 592

(5th Cir. 2016) (citing Cox v. Kaelin, 577 F. App’x 306, 312 (5th Cir. 2014) ([Plaintiff]

pleads that his[speech] “known,” and thus it is plausible that his [speech] motivated his

eventual termination.”).

B. Individual Defendants are Not Entitled to Qualified Immunity

2 Even if this was a mere “reassignment” as Defendants argue it is, the Fifth Circuit has

held that “an adverse employment action can include a transfer, because it may serve as a

demotion.” Def.’s Mot. Br. 7; Sharp, 164 F.3d at 933; cf. Alvarado v. Texas Rangers, 492

F.3d 605, 613 (5th Cir. 2007), abrogated on other grounds by Hamilton, 79 F.4th at 506.

Defendants assert they are entitled to qualified immunity. They argue Lawrence’s

First Amendment right, given the circumstances, was not clearly established. See Defs.’

Mot. 7–8. The Court determines that it was clearly established that the First Amendment

protected Lawrence’s speech about matters of public concern.

“It is well established that the First Amendment places certain constraints upon

dismissals from public employment based upon political affiliation and speech.” Brady v.

Fort Bend Cnty., 145 F.3d 691, 704 (5th Cir.1998). “A state may not discharge an

employee for exercising [her] right to free speech on matters of public concern.” Page v.

DeLaune, 837 F.2d 233, 237 (5th Cir.1988) (alteration in original) (finding sufficient

evidence for trial in favor of a school staff member alleging a First Amendment claim based

on her political speech).

There is ample case law protecting Lawrence’s right to speak about misconduct,

including sexual misconduct, and to criticize her supervisors. E.g., Pickering v. Board of

Ed., 391 U.S. 391 U.S. 563, 573–75 (1968) (holding a public school teacher’s right to speak

on matters of public importance may not furnish the basis for his dismissal from public

employment); Givhan v. W. Line Consolid. Sch. Dist., 439 U.S. 410, 411–14 (1979)

(affirming a public employee’s right to private expression to employer of views on school

district’s racial policies); Wilson v. UT Health Center, 973 F.2d 1263, 1269 (5th Cir. 1992)

(holding that reporting sexual harassment by superiors is protected speech); Denton v.

Morgan, 136 F.3d 1038, 1043 (5th Cir. 1998) (“[S]peech reporting official misconduct,

wrongdoing, or malfeasance on the part of public officials involves matters of public

concern.”)

Thus, Defendants are not entitled to qualified immunity. Accordingly, the Court

denies Defendants’ motion to dismiss Lawrence’s section 1983 free speech claim.

CONCLUSION

Because Lawrence fails to plead allegations supporting a reasonable belief

Defendants engaged in unlawful employment activity, Lawrence fails to state a plausible

claim for Title VII retaliation. The Court grants Lawrence leave to amend her Title VII

retaliation claim. If Lawrence does not file her amended Title VII retaliation claim within

30 days, the Court will dismiss Lawrence’s retaliation claim with prejudice without further

notice. Finally, for the foregoing reasons, the Court denies Defendants’ motion to dismiss

Lawrence’s remaining claims for Title VII discrimination and section 1983 violations.

Signed June 15, 2026.

De

Senior United States District Judge

MEMORANDUM OPINION AND ORDER — PAGE 20

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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