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Date: 08-18-2024
Case Style:
Kameron Evans and North Evans v. Cabot School District, et al.
Case Number: 4:19-cv-00525
Judge: Kristine G. Baker
Court: United States District Court for the Eastern District of Arkansas (Pulaski County)
Plaintiff's Attorney:
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Defendant's Attorney: George Jay Bequette, Jr. and William Cody Kees for Babot
Sara Monaghan and Russell Allen Wood for John Dodd, et l.
Description:
Little Rock, Arkansas 1983 civil rights lawyers represented the Plaintiffs.
Kameron and Noah Evans (collectively, the "Evanses") started attending public school in Cabot, Arkansas when they were 13. Prior to that, the Evanses lived in Cambodia, where they were born. Kameron and Noah have brown skin and allege that, since attending the Cabot School District, they have been bullied and subjected to near-daily name-calling because of their race and ethnicity. For example, the Evanses have been called "terrorists" and told to show their green cards or "go back to where they came from." In eighth grade, students spread a false rumor about Kameron based on a video of a slim, brown-skinned person burning a flag. As a result, a group of students gathered and threatened Kameron to the point that he had to be escorted to class by a police officer for multiple days following the incident. When the Evanses reported bullying to school officials, the brothers faced more retaliatory bullying from students. They allege the school officials were unresponsive.
During the 2017-18 school year, Kameron openly supported the Black Lives Matter movement and Colin Kaepernick's decision to kneel during the singing of the National Anthem at football games. Although Kameron himself did not kneel during the National Anthem, he expressed his support on social media. As a result, students again made threats to Kameron. When one of Kameron's instructors learned of these threats, the instructor reported them to the principal because he was afraid for Kameron's safety.
That same school year, the Evanses were both cadets in the Cabot High School Air Force Junior Reserve Officers' Training Corps ("ROTC"). The Evanses participated in ROTC in part because they were enthusiastic about the military and military-related things, including war-related games. The Evanses would play these games with other kids using Airsoft guns, which are plastic toy guns that look real and shoot soft plastic pellets. Airsoft guns and games are geared toward both adults and children.
Defendants are Officers John Dodd and Brittany Taunton (collectively, "Officers"). Officers Dodd and Taunton were school resource officers at Cabot High School during the 2017-18 school year. School resource officers are members of the Cabot Police Department who are assigned to provide security to high schools. The Cabot School District partners with the City of Cabot to employ two-to-four school resource officers each year and cover a portion of the officers' salaries. The Officers were familiar with the Evanses and had spoken with them on occasions prior to the events giving rise to the instant case.
On February 13, 2018, Kameron and Noah both wore military-style tactical vests to school. Kameron's vest had a "U.S. Army" patch on it. The parties agree that the vests were not real tactical or military vests, nor were they bulletproof. Kameron's vest was mostly obscured under a large winter coat he was wearing. Noah did not have his coat on over his vest. Kameron also carried a green duffle bag that he used to carry his ROTC equipment. The Officers describe the bag as a "military-style duffle bag," but the Evanses dispute that the duffle bag was militarystyle. Kameron alleges that he regularly used the bag to carry his marching band and ROTC equipment, in addition to his Airsoft war game equipment.
Cabot High School's assistant principal, Adam Koehler, testified that the Evanses' vests did not violate the Cabot High School dress code. Indeed, the parties agree that prior to the Evanses wearing their vests to school, at least two white students had worn similar tactical-style vests to school and were not disciplined. One of these students wore a full military uniform including a bullet-proof vest, a nerf gun, and a helmet.
On the day the Evanses wore their vests to school, Cabot High School was screening a video on what to expect and how to respond in the event of an active shooter at school. School officials had notified students and parents a week prior, alerting them to the screening. Kameron and Noah's mother received a robocall informing her of the video, but the brothers maintain they were unaware of the screening that was taking place that day. Kameron asserts that he did not know the screening was taking place until it started playing in his second-period class. Noah says he was unaware of the video until after he was arrested.
After Kameron's first period, two students in the class approached the teacher, Ms. Heather Nelson McGhee, to tell her that Kameron was wearing a tactical vest underneath his coat. According to a school incident report written by of one of the students, the students were irritated that Kameron was wearing a vest with military patches affixed to it, including a U.S. Army patch. The Evanses argue that the two students reported Kameron's vest "because they were mad at him for calling them racist." It is unclear from the facts whether the two students had safety concerns in mind when they reported Kameron, but Ms. McGhee testified that the two students appeared nervous to tell her about the vest and waited for Kameron to leave before they told her. Based on the students' report, Ms. McGhee immediately contacted Mr. Koehler out of concern.
After receiving Ms. McGhee's call, Mr. Koehler contacted Officer Taunton. Mr. Koehler then pulled Kameron from class to discuss his vest and bag. In the hallway, Officer Dodd and Officer Taunton met Mr. Koehler and Kameron. Both Officers' body cameras recorded the interaction between Mr. Koehler, the Officers, and Kameron. In the school hallway, Officer Dodd asked Kameron to open his coat so he could see the vest. Officer Dodd explained to Kameron that if they thought a student was wearing a Kevlar vest to school, they could infer the student was going to do something wrong. Officer Dodd then explained that, even though he personally knew Kameron, they needed to search his clothes and bag.
Officer Dodd asked Kameron to take off his coat and vest, which Kameron willingly did. Mr. Koehler searched Kameron's person, while the Officers searched the vest. Mr. Koehler found nothing, and the Officers found no weapons, ballistic panels, or plates in the vest. Mr. Koehler and the Officers then handed the vest and coat back to Kameron, which Kameron held onto but did not put back on. Mr. Koehler then searched Kameron's green duffle bag. While Mr. Koehler searched the bag, the Officers asked if Kameron could understand how carrying the duffle bag and wearing his vest on the same day as an active-shooter training could cause alarm, and Kameron agreed that he saw how it could. Officer Taunton clarified to Kameron that there was "nothing wrong, having a bag was a great idea to put all [his] stuff in it," just "not all of it together," indicating wearing the vest and carrying the bag. As Mr. Koehler searched Kameron's duffle bag, he discovered a cartridge of Airsoft pellets. When Mr. Koehler found those, Kameron stated that he did not know why the pellets were in his bag and that he must have left them in there after playing an Airsoft game a couple days prior. Kameron explained that, had he known about the pellets, he would not have brought them to school.
While searching Kameron and his belongings, the Officers engaged him in casual conversation, for example, as Kameron was taking off his vest, Officer Taunton stated that she "like[d] the buckles on the side." When Mr. Koehler took snacks out of Kameron's duffle bag, Officer Taunton jokingly asked Kameron why he had not kept them in the many pockets of his vest and then, laughing, she repeated that it "was kind of a bad day" to wear the vest. During the entire search of Kameron's duffel bag and vest, he was calm, respectful, and cooperative. Whenever the Officers or Mr. Koehler asked Kameron a question, he was polite and responsive.
At the conclusion of the search, Officer Dodd asked Officer Taunton and Mr. Koehler if they were okay with Kameron "walking around with a tactical vest at school." Though it is unclear whether Officer Dodd was referring to Kameron walking with the vest in his duffle bag or on his body, Mr. Koehler was unsure how to proceed, so they decided to all walk across Cabot High School's outdoor campus to speak with the principal. In the video, Kameron quietly walks in front of Mr. Koehler and the Officers as they walk to the principal's office.
Mr. Koehler and the Officers met with the principal, Henry Hawkins, while Kameron sat in a waiting area outside the office. In her police report, Officer Taunton wrote that, during their meeting, they "discussed what the school wanted Cabot Police to do," and that Principal Hawkins "advised he wanted Cabot Police to arrest [Kameron] and charge him" because he had "alarmed the students and staff with his actions." The Evanses allege that Officer Taunton turned off her camera over the course of six minutes while the Officers were meeting with Principal Hawkins discussing how to respond. The Evanses allege that during the time when the camera was turned off, Principal Hawkins made the decision to arrest Kameron, and the Officers were following his orders. Additionally, both Officers testified that Principal Hawkins made the decision to arrest Kameron and Noah.
After their meeting, Officer Taunton came out of Principal Hawkins' office and handcuffed Kameron in the waiting room while Officer Dodd told him he was being arrested. The Officers walked Kameron out of the school building in handcuffs, and Officer Taunton transported him to the Cabot Police Department. Once at the police station, Kameron requested his mother be present during questioning. Kameron's mother, Kerri Evans, later arrived at the police station, and thereafter, Officer Taunton issued a juvenile citation for disorderly conduct and released Kameron. Ms. Evans testified that Officer Taunton told her Kameron was arrested because Principal Hawkins wanted him arrested and because Officer Taunton believed she had to follow Principal Hawkins' instructions.
While at the police station, Ms. Evans informed Officer Taunton that Noah was also wearing a tactical vest. Officer Taunton then notified Officer Dodd back at the high school, and he and Mr. Koehler removed Noah from class. The Officers present no facts that any students or teachers complained about Noah's vest or that his vest caused any disruption. Officer Dodd and Mr. Koehler searched and interrogated Noah. During the search, Officer Dodd and Mr. Koehler did not find any weapons, ballistic panels, pellets, or plates.
While searching through Noah's backpack and vest, Mr. Koehler was notified via his walkie talkie that Ms. Evans had arrived at the school. Ms. Evans was there to pick up Noah, and the Evanses allege that the Officers and school officials prevented her from doing so. Before Officer Taunton arrested Noah, Officer Dodd explained that they had to arrest him because he could not wear a tactical vest to school and also because they had arrested another student, alluding to Kameron, and needed to treat students the same. Thereafter, Noah was taken to the police station and charged with disorderly conduct.
Later that day, Ms. Evans and Kameron returned to Cabot High School to meet with Principal Hawkins about the arrests. The Evanses allege that Principal Hawkins told them that, regarding Kameron's Black Lives Matter and Colin Kaepernick posts, he could not "walk around CHS after posting stuff like that and expect anything different." The Evanses allege that Principal Hawkins further called Kameron's content supporting Black Lives Matter "racist social media posts" and "not right."
Kameron and Noah were each suspended from school for five days, and upon returning to school, Kameron was moved to an alternative learning environment instead of being allowed to return to regular school. Ms. Evans ultimately withdrew both Kameron and Noah and decided to homeschool them, which they allege was out of fear for their safety. Ms. Evans also contacted Cabot School District's superintendent alleging that Principal Hawkins had retaliated against Kameron for supporting Black Lives Matter and Colin Kaepernick. Ms. Evans also demanded the superintendent drop charges against Kameron and Noah. According to the Evanses, both the superintendent and Principal Hawkins claimed that, because Officer Dodd made the decision to arrest and prosecute, the Cabot School District lacked the ability to drop charges. The case proceeded to trial, and after a bench trial, the state court found Kameron and Noah were not guilty of violating Arkansas' disorderly conduct statute, Ark. Code Ann. § 5-71-207.
Thereafter, the Evanses brought this § 1983 lawsuit against both Officers Dodd and Taunton in their individual capacities.[1] The Evanses alleged that the Officers lacked probable cause and used excessive force in violation of their Fourth, Fifth, and Fourteenth Amendment rights. The Evanses also alleged the Officers engaged in malicious prosecution, abuse of process, and false arrest under Arkansas law. The Officers moved for summary judgment on all charges based on qualified immunity. The district court denied the motions, and the Officers now appeal. We affirm in part and reverse in part.
* * *
"Probable cause exists when the totality of circumstances at the time of arrest would lead a reasonable person to think the defendant committed or is committing a crime." Webster v. Westlake, 41 F.4th 1004, 1010 (8th Cir. 2022). "To determine whether an officer had probable cause for an arrest, '[the Court] examine [s] the events leading up to the arrest, and then decide [s] whether these historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to probable cause.'" District of Columbia v. Wesby, 583 U.S. 48, 56-57 (2018) (citations omitted) (cleaned up).
* * *
The Arkansas disorderly conduct statute states in part:
(a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm, he or she:
(1) Engages in fighting or in violent, threatening, or tumultuous behavior;
10
....
(4) Disrupts or disturbs any lawful assembly or meeting of persons;
Ark. Code Ann. § 5-71-207.
Outcome: Defendants move for summary judgement on qualified immunity theories.
Denied.
Affirmed in part and revered in part.
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