Heyne v. Metro. Nashville Pub. Schs., No. 09-6464 (6th Cir. 2011)
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A Caucasian high school football player (H) accidentally hit an African-American team member (D) with his car, causing D to suffer a sprained ankle. H got out and apologized. D threatened to kill him. The principal had instructed staff to be lenient with African-Americans because too many were serving suspensions. Although the Code of Conduct prohibits threats, the school did not discipline D. D's parents threatened suit. The principal admitted suspending H for 10 days to "cover" himself and the school. H's witness statements were not provided to panelists in advance. H's attorney was limited to passing notes and not allowed to present witnesses. Employees were informed that they would lose their jobs if they attended the hearing. The board sustained the charge of reckless endangerment and suspension, so that it went on H's record. An appeal was denied. Before his suspension, college recruiters had approached H and a congressman had offered an appointment, the first step to attend a military academy. H alleges he lost those opportunities. The district court dismissed 42 U.S.C. 1983 claims for substantive due process violations, failure to train, and negligence; claims by H's parents; claims against individuals in their official capacities; claims against the board of education and the public school system. The Sixth Circuit affirmed denial of the motion to dismiss procedural due process and equal protection claims based on the conduct of three defendants and that those defendants are not protected by qualified immunity.
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