Students facing suspension possess property rights under the Fourteenth Amendment that require oral or written notice of charges and an opportunity to present their side of the story.
A parent filed a civil rights action on behalf of her minor son following his arrest, detention, and school discipline. The son was detained by a juvenile officer and required to wash police vehicles without food for several hours before being assigned to alternative school. The plaintiff alleged violations of the Thirteenth Amendment, Title VI of the Civil Rights Act, the Equal Protection Clause, and procedural due process. The court held that students facing suspension possess property rights under the Fourteenth Amendment requiring notice and an opportunity to be heard. Because the record was insufficient to determine if the student received adequate notice or if the alternative school assignment implicated due process, the court reversed the summary judgment on the procedural due process claim.
At page 1356 Liability under title vi requires suing the entity44 citing casesPlaintiff’s claim also fails because she asserts her claim against [individual defendants] and not against the school, the entity allegedly receiving the financial assistance
- Null v. Entrepreneur Startup Bus. Dev., No. 4:23-cv-00702 (E.D. Mo. Feb. 9, 2024).(Plaintiff's claim also fails because she asserts her claim against [two individuals] and not against . . . the entity allegedly receiving the financial assistance)
- McDaniel v. Dominium Mgmt. Servs., LLC, No. 1:21-cv-01997, 2022 WL 1316384 (D. Colo. May 3, 2022).(Plaintiff’s claim also fails because she asserts her claim against [individual defendants] and not against the school, the entity allegedly receiving the financial assistance)
- Cox, No. 2:26-cv-00143 (E.D. Ky. Aug. 17, 2026).Buchanan v. City of Bolivar, Tenn., 99 F.3d 1352,1356 (6th Cir. 1996).
- Goldman, No. 1:25-cv-00086 (N.D. Ohio Dec. 30, 2025).Ohio Apr. 15, 2019) (citing Buchanan v. City of Bolivar, 99 F.3d 1352, 1356-57 (6th Cir. 1996)) (“In order to state a claim for relief under Title VI, Plaintiff must allege facts indicating that she was intentionally discriminated against…
- Kobe Pinkney v. Meadville, No. 24-2873 (3d Cir. Sept. 22, 2025).unpublishedSee, e.g., Shotz v. City of Plantation, 344 F.3d 1161 , 1170 n.12 (11th Cir. 2003); Buchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir. 1996).
- Gaston v. Am. Ass'n of Univ. Professors, No. 1:23-cv-00850 (N.D. Ohio Jan. 16, 2024).Buchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir. 1996).
- Davis v. Mgmt., No. 2:19-cv-18301 (D.N.J. Aug. 10, 2022).unpublishedJune 30, 2010) (citing Shotz v. City of Plantation, 344 F.3d 1161, 1169 (11th Cir. 2003); Buchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir. 1996).
- Ricketts v. Wake Cnty. Pub. Sch. Sys., No. 5:21-cv-00049 (E.D.N.C. Jan. 3, 2022).Price v. La. Dep’t of Educ., 329 F. App’x 559, 561 (5th Cir. 2009); Buchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir. 1996).
- Terzneh v. Fed. Nat'l Mortg. Ass'n, No. 2:21-cv-02228 (W.D. Tenn. Oct. 4, 2021).Ky. July 8, 2016) (“[I]ndividual defendants cannot be sued under Title VI.” (citing Buchanan v. City of Bolivar, Tenn., 99 F.3d 1352, 1356 (6th Cir. 1996)). representations, omissions and matters referred to in the facts section above.” (I…
- Pinkney v. Meadville, No. 1:19-cv-00167 (W.D. Pa. Jan. 5, 2021).City of Plantation, Fla., 344 F.3d 1161 , 1170 n. 12 (11th Cir.2003); Buchanan v. City of Bokvar, Tenn., 99 F.3d 1352, 1356 (6th Cir.1996), The Allegheny Defendants appear to argue that this claim fails as to all three of them because they…
Show 33 more citing cases
- Bair v. Solanco Sch. Dist., No. 5:19-cv-02621 (E.D. Pa. July 10, 2020).However, in a nonprecedential decision, the Third Circuit agreed with the reasoning of precedential decisions of the Eleventh Circuit and the Sixth Circuit which held that “because Title VI forbids discrimination only by recipients of fede…
- Webb v. Swensen, 663 F. App'x 609 (10th Cir. 2016).unpublished(rejecting plaintiffs Title VI claim, in part, because she asserted her claim against individuals, rather than the entity allegedly receiving the financial assistance)
- David v. Neumann Univ., 177 F. Supp. 3d 920 (E.D. Pa. 2016).publishedWe agree with this reasoning.”) (citing Shotz v. City of Plantation, 344 F.3d 1161, 1169 (11th Cir.2003); Buchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir.1996)).
- Brooks v. Skinner, 139 F. Supp. 3d 869 (S.D. Ohio 2015).published(noting that plaintiffs Title VI claims failed .because he asserted the claims against the individual officials involved in an incident that occurred at a school “and not against the school, the entity allegedly receivin…)
- Manley v. Texas S. Univ., 107 F. Supp. 3d 712 (S.D. Tex. 2015).publishedCtr., 736 F.2d 1039 , 1044 n. 9 (5th Cir.1984); accord Whitfield v. Notre Dame Middle Sch., 412 Fed.Appx. 517, 521 (3d Cir.2011); Buchanan v. City of Bolivar, Tenn., 99 F.3d 1352, 1356 (6th Cir.1996).
- Rodgers v. Univ. of Missouri Bd. of Curators, 56 F. Supp. 3d 1037 (E.D. Mo. 2014).published(Plaintiffs claim also fails because she asserts her claim against Lawson and Weaver and not against the school, the entity allegedly receiving the financial assistance)
- Coalition for the Advancement of Reg'l Transp. v. Fed. High. Admin., 576 F. App'x 477 (6th Cir. 2014).unpublishedBuchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir.1996) (internal quotation marks and citation omitted).
- Nat'l Trust for Historic Pres. v. Fed. Hwy. Admin., No. 13-6214 (6th Cir. Aug. 7, 2014).unpublishedBuchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir. 1996) (internal quotation marks and citation omitted).
- Coalition for the Advancement of Reg'l Transp. v. Fed. High. Admin., 959 F. Supp. 2d 982 (W.D. Ky. 2013).published Buchanan v. City of Bolivar, Tenn., 99 F.3d 1352,1356 (6th Cir.1996).
- Rodgers v. Bd. of Cnty. Commissioners, 2013 COA 61, 363 P.3d 707.published(To establish a genuine issue of material fact that the defendants intentionally discriminated against plaintiff's son ... proof of discriminatory intent is critical.)
- Ross v. Michigan State Univ. Bd. of Regents, 837 F. Supp. 2d 712 (W.D. Mich. 2011).published“[T]o avoid summary judgment on a claim under § 2000d, a plaintiff must create a genuine issue of material fact that the defendant intended to discriminate on the basis of race”
- Whitfield v. Notre Dame Middle Sch., 412 F. App'x 517 (3d Cir. 2011).unpublishedSee Shotz v. City of Plantation, Fla., 344 F.3d 1161 , 1170 n. 12 (11th Cir.2003); Buchanan v. City of Bolivar, Tenn., 99 F.3d 1352, 1356 (6th Cir.1996).
- Sharon Shannon v. Paul Lardizzone, 334 F. App'x 506 (3d Cir. 2009).unpublishedSee, e.g., Shotz v. City of Plantation, 344 F.3d 1161, 1169 (11th Cir.2003); Buchanan v. City of Bolivar, 99 F.3d 1352, 1356 (6th Cir.1996).
- Shotz v. City of Plantation, FL, 344 F.3d 1161 (11th Cir. 2003).published
- Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969 (9th Cir. 2004).published
- Burks v. City of Philadelphia, 950 F. Supp. 678 (E.D. Pa. 1997).published
- Washington v. Jackson State Univ., 532 F. Supp. 2d 804 (S.D. Miss. 2006).published
- Farm Labor Org. Comm. v. Ohio State High. Patrol, 95 F. Supp. 2d 723 (N.D. Ohio 2000).published
- Epileptic Found. v. City & Cnty. of Maui, 300 F. Supp. 2d 1003 (D. Haw. 2004).published
- Brian A. ex rel. Brooks v. Sundquist, 149 F. Supp. 2d 941 (M.D. Tenn. 2000).published
- Lucero ex rel. Lucero v. Detroit Pub. Schs., 160 F. Supp. 2d 767 (E.D. Mich. 2001).published
- D.J. Miller & Assocs., Inc. v. Ohio Dep't of Admin. Servs., 115 F. Supp. 2d 872 (S.D. Ohio 2000).published
- Johnson v. City of Clarksville, 186 F. App'x 592 (6th Cir. 2006).unpublished
- Paasewe v. Ohio Arts Council, 74 F. App'x 505 (6th Cir. 2003).unpublished
- Rogers v. Bd. of Educ., 859 F. Supp. 2d 742 (D. Md. 2012).published
- Ogando v. Orinda Unified Sch. Dist., No. 3:23-cv-02221 (N.D. Cal. Nov. 27, 2023).
- Doe v. Diocese of Covington, No. 2:23-cv-00151 (E.D. Ky. May 10, 2024).
- Peeples v. Wayne State Univ., No. 2:18-cv-14049 (E.D. Mich. Sept. 16, 2022).
- Shah v. Univ. of Toledo, No. 3:21-cv-00581, 2021 WL 5140969 (N.D. Ohio Nov. 4, 2021).
- McAllister v. Long, No. 2:25-cv-10391 (E.D. Mich. Feb. 24, 2025).
- Zhang v. Univ. of Kentucky, No. 5:25-cv-00002 (E.D. Ky. Mar. 13, 2025).
- Villavicencio v. City of Columbus, No. 2:25-cv-00134 (S.D. Ohio June 23, 2025).
- Lawtone-Bowles v. Franklin Univ., No. 2:24-cv-04091 (S.D. Ohio Aug. 12, 2025).
At page 1359 Satisfying procedural due process for student discipline23 citing cases“absent some showing that the education received at the alternative school is significantly different from or inferior to that received at his regular public school.”
- Nixon ex rel. A.N. v. Hardin Cnty. Bd. of Educ., 988 F. Supp. 2d 826 (W.D. Tenn. 2013).published “nce school administrators tell a student what they heard or saw, ask why they heard or saw it, and allow a brief response, a student has received all the process that the fourteenth amendment demands.”
- Shulsky, No. 1:26-cv-00262 (E.D. Va. Sept. 15, 2026).The School Board, citing Buchanan v. City of Bolivar, 99 F.3d 1352, 1359 (6th Cir. 1996), argues that procedural due process requirements do not apply to transfers to an alternative education program.
- Stanford v. Northmont City Schs., No. 3:19-cv-00399 (S.D. Ohio Feb. 8, 2023). Library, 346 F.3d 585, 597 (6th Cir. 2003) (quoting Huron Valley Hosp., Inc. v. City of Pontiac, 887 F.2d 710 , 714 (6th Cir. 1989)). brief response, a student has received all the process that the Fourteenth Amendment demands.” Buchanan v…
- Cribbins v. Preston, No. 1:19-cv-12769 (E.D. Mich. Sept. 20, 2021). “Once school administrators tell a student what they heard or saw, ask why they heard or saw it, and allow a brief response, a student has received all the process that the Fourteenth Amendment demands”
- Doe v. Washington Cnty. Dep't of Educ., No. 2:16-cv-00272 (E.D. Tenn. May 13, 2020).“absent some showing that the education received at the alternative school is significantly different from or inferior to that received at his regular public school”
- E. S. v. Brookings Sch. Dist., No. 4:16-cv-04154 (D.S.D. May 23, 2018).“the sanction imposed is attendance at an alternative school absent some showing that the education received at the alternative school is significantly different from or inferior to that received at [her] regular public…”
- Patrick Gentry v. Mountain Home Sch. Dist., No. 3:17-cv-03008 (W.D. Ark. May 9, 2018).“the education received at the alternative school is significantly different from or inferior to that received at his regular public school”
- Lindsey v. Matayoshi, 950 F. Supp. 2d 1159 (D. Haw. 2013).published(explaining that a student “may not have procedural due process rights to notice and an opportunity to be heard when the sanction imposed is attendance at an alternative school absent some showing that the education rece…)
- Proj. Reflect, Inc. Smithson Craighead Middle Sch. v. Metro. Nashville Bd. of Pub. Educ., 947 F. Supp. 2d 868 (M.D. Tenn. 2013).published“may not have procedural due process rights to notice and an opportunity to be heard when the sanction is attendance at an alternative school absent some showing that the education received at the alternative school is s…”
- Glendle Cain, III v. Owensboro Pub. Schs., 711 F.3d 623 (6th Cir. 2013).published“As a general rule the hearing should be given before removal from the school unless the student’s presence is dangerous or disruptive”
Show 12 more citing cases
- Heyne v. Metro. Nashville Pub. Schs., 655 F.3d 556 (6th Cir. 2011).published Buchanan, 99 F.3d at 1360 (stating in context of an Equal Protection claim alleging difference in discipline based on race that “[t]he Equal Protection Clause requires public institutions to ‘treat similarly situated individuals in a simil…
- Christine Heyne v. Metro. Nashville Bd. of Pub. Educ., No. M2010-00237-COA-R3-CV (Tenn. Ct. App. May 6, 2011).published Buchanan, 99 F.3d at 1359 (emphasis added).
- Williams v. Cambridge Bd. of Educ., 370 F.3d 630 (6th Cir. 2004).published
- Laney v. Farley, 501 F.3d 577 (6th Cir. 2007).published
- Marner ex rel. Marner v. Eufaula City Sch. Bd., 204 F. Supp. 2d 1318 (M.D. Ala. 2002).published
- Long v. Bd. of Educ. of Jefferson Cnty., Ky., 121 F. Supp. 2d 621 (W.D. Ky. 2000).published
- Steven Jahn v. William Farnsworth, 617 F. App'x 453 (6th Cir. 2015).unpublished
- Williams ex rel. Allen v. Cambridge Bd. of Educ., 370 F.3d 630 (6th Cir. 2004).published
- C.Y. v. Lakeview Pub. Schs., 557 F. App'x 426 (6th Cir. 2014).unpublished
- Wayne v. Shadowen, 15 F. App'x 271 (6th Cir. 2001).unpublished
- Patrick v. Success Acad. Charter Sch., Inc., 354 F. Supp. 3d 185 (E.D.N.Y. 2018).published
- J.K. ex rel. Kaplan v. Minneapolis Pub. Schs., 849 F. Supp. 2d 865 (D. Minn. 2011).published
At page 1360 Burden of proof and equal protection requirements22 citing casesIn opposition to a motion for summary judgment, it is plaintiff who possesses the burden of demonstrating that [a genuine dispute exists].
- Lesowitz v. Brown, No. 5:17-cv-02174 (N.D. Ohio Aug. 5, 2020).(In opposition to a motion for summary judgment, it is plaintiff who possesses the burden of demonstrating that [a genuine dispute exists].)
- Cody v. Kenton Cnty. Pub. Schs., No. 2:20-cv-00103 (E.D. Ky. Feb. 10, 2023).“In opposition to a motion for summary judgment, it is plaintiff who possesses the burden of demonstrating that the defendants treated similarly situated individuals in a disparate manner”
- Stanford v. Northmont City Schs., No. 3:19-cv-00399 (S.D. Ohio July 14, 2021).“The Equal Protection Clause requires public institutions to ‘treat similarly situated individuals in a similar manner”
- Smith v. Washtenaw Intermediate Sch. Dist., No. 2:17-cv-13571 (E.D. Mich. Jan. 24, 2020).“In opposition to a motion for summary judgment, it is plaintiff who possesses the burden of demonstrating that the defendants treated similarly situated individuals in a disparate manner”
- Crochran ex rel. Shields v. Columbus City Schs., 278 F. Supp. 3d 1013 (S.D. Ohio 2017).publishedBuchanan v. City of Bolivar, 99 F.3d 1352, 1360 (6th Cir. 1996).
- Ryan v. City of Detroit, 174 F. Supp. 3d 964 (E.D. Mich. 2016).published“it is plaintiff who possesses the burden of demonstrating that the defendants treated similarly situated individuals in a disparate manner”
- Obama for Am. v. Jon Husted, 697 F.3d 423 (6th Cir. 2012).published Page 17 Cir. 2008) (“In essence, a State must ‘treat similarly situated individuals in a similar manner.’” (quoting Buchanan v. City of Bolivar, 99 F.3d 1352, 1360 (6th Cir. 1996)).
- Heyne v. Metro. Nashville Pub. Schs., 655 F.3d 556 (6th Cir. 2011).published Buchanan, 99 F.3d at 1360 (stating in context of an Equal Protection claim alleging difference in discipline based on race that “[t]he Equal Protection Clause requires public institutions to ‘treat similarly situated individuals in a simil…
- S.S. v. E. KY Univ, No. 06-6165 (6th Cir. July 2, 2008).published “treat similarly situated individuals in a similar manner”
- Wayne v. Shadowen, 15 F. App'x 271 (6th Cir. 2001).unpublished
Show 11 more citing cases
- Ralph E. Thornton Cheryl A. Thornton v. City of St. Helens Warren Baker Brian Little, 425 F.3d 1158 (9th Cir. 2005).published
- S.S. v. E. Kentucky Univ., 532 F.3d 445 (6th Cir. 2008).published
- Martin v. Swartz Creek Cmty. Schs., 419 F. Supp. 2d 967 (E.D. Mich. 2006).published
- Oldham ex rel. Young v. Cincinnati Pub. Schs., 118 F. Supp. 2d 867 (S.D. Ohio 2000).published
- Doe v. DePalma, 163 F. Supp. 2d 870 (S.D. Ohio 2000).published
- Iheama v. Mahoning Cnty. Mental Health Bd., 115 F. Supp. 2d 866 (N.D. Ohio 2000).published
- Lamont Heard v. Patricia Caruso, 351 F. App'x 1 (6th Cir. 2009).unpublished
- Nicholson v. City of Westlake, 76 F. App'x 626 (6th Cir. 2003).unpublished
- Hill v. Sharber, 544 F. Supp. 2d 670 (M.D. Tenn. 2008).published
- Santos v. Chambers-Smith, No. 2:19-cv-02984 (S.D. Ohio Apr. 22, 2020).
- Brazell-Hill v. Parsons, No. 2:17-cv-00912 (S.D. Ohio Aug. 17, 2020).
At page 1357 Defining involuntary servitude under the Thirteenth Amendment10 citing cases“18 u.s.c. 1584 is a criminal statute enacted by congress to enforce the thirteenth amendment; 1584 does not provide for a private civil remedy.”
- Samirah v. Sabhnani, 772 F. Supp. 2d 437 (E.D.N.Y. 2011).published (finding that no civil cause of action exists under Section 1584)
- Loggins v. Hollins, No. 4:21-cv-01139 (E.D. Mo. Oct. 14, 2021).“18 u.s.c. 1584 is a criminal statute enacted by congress to enforce the thirteenth amendment; 1584 does not provide for a private civil remedy.”
- Jones v. CraneTech, Inc., No. 3:24-cv-00397 (E.D. Tenn. Apr. 8, 2025).“enforce the Thirteenth Amendment”
- Ager v. Nationstar Mortg. LLC, No. 2:24-cv-01802 (S.D. Ohio Nov. 18, 2024).(same for 18 U.S.C. § 1584)
- McIntyre v. Love, No. 2:23-cv-00679 (S.D. Ohio Sept. 13, 2023).“[O]nly situations involving the compulsion of services ‘by the use or threatened use of physical restraint or injury, or by the use of threat of coercion through law or the legal process’ constitute ‘involuntary servitu…”
- BBF Eng'g Servs., PC v. State of Mich., 573 F. App'x 377 (6th Cir. 2014).unpublishedOfficial-Capacity Claims Under Title VI A plaintiff may only assert Title VI claims against “the entity ... receiving the *390 financial assistance.” Buchanan v. City of Bolivar, Tenn., 99 F.3d 1352, 1357 (6th Cir.1996); see also Shannon,…
- Manliguez v. Joseph, 226 F. Supp. 2d 377 (E.D.N.Y. 2002).published
- Bhagwanani v. Howard Univ., 355 F. Supp. 2d 294 (D.D.C. 2005).published
- Rowe v. City of Elyria, 38 F. App'x 277 (6th Cir. 2002).unpublished
- Jones v. CraneTech, Inc., No. 3:24-cv-00397 (E.D. Tenn. Mar. 11, 2025).
At page 1358 Applying the thirteenth amendment's involuntary servitude standard3 citing casesnotice of what types of conduct the statute prohibits. Id. Following its interpretation of “involuntary servitude,” the Supreme Court held in Koz-minski that…
- Hood v. City of Columbus, No. 2:17-cv-00471 (S.D. Ohio Sept. 26, 2019).Conn, 526 U.S. at 290; Buchanan v. City of Bolivar, 99 F.3d 1352, 1358 (6th Cir. 1996).
- Hartfield v. East Grand Rapids Pub. Schs., 960 F. Supp. 1259 (W.D. Mich. 1997).published
- Edwards v. City of Martins Ferry, 554 F. Supp. 2d 797 (S.D. Ohio 2008).published
v.
CITY OF BOLIVAR, TENNESSEE Hardeman County, Tennessee Hardeman County Board of Education Billy Joe Sanders, Superintendent, in his official capacity J.P. Shelly, Chairman, in his official capacity Johnnie Ray Anthony, Chief of Police, in his official capacity Steve Young, Principal, in his official capacity Thomas Polk, Assistant Principal, individually and in his official capacity J. Weaver, Sergeant, individually and in his official capacity and Mike Lawson, Juvenile Officer, individually and in his official capacity
Plaintiff, Nancy Buchanan, on behalf of her minor son, appeals the District Court’s order granting summary judgment for the defendants in this civil rights action arising from the arrest, detention, and scholastic discipline of her son, Aldrick Perkins. For the following reasons, we REVERSE the District Court order granting summary judgment on plaintiffs procedural due process claim. We AFFIRM the judgment of the District Court in all other respects.
I.
On September 28, 1993, plaintiffs son, Al-drick Perkins, and several other young boys were throwing rocks on Bolivar Junior High School property. One of the rocks Perkins threw hit the car window of the Assistant Principal, Thomas Polk. Polk telephoned J. Weaver, Sergeant of the Bolivar City Police Department. Upon Sergeant Weaver’s arrival at the school, Polk identified Aldrick Perkins, an African-American, as the boy who threw the rock at his window. Based on this information, Weaver placed Perkins under arrest and transported him to the Bolivar City Police Department.
[*1355] Upon arrival at the police department at approximately 12:30 p.m., Weaver telephoned Officer Mike Lawson, a Hardeman County Youth Services Officer, to take custody of Perkins. When Lawson arrived, Weaver released Perkins to Lawson’s custody. Lawson determined that Perkins should not be placed in juvenile detention but should, rather, be released to the custody of his parents. Lawson instructed Perkins to telephone his parents to pick him up, but Perkins was unable to immediately contact his parents. Lawson, therefore, retained custody of him until a parent could be reached.
While at the station, Lawson instructed Perkins to wash police vehicles outside the station until a parent arrived to pick him up. Lawson deemed the washing of the vehicles as community service work and as a means to separate Perkins from the adult inmates, as required by Tennessee state law.[1] Perkins washed police vehicles[2] until approximately 4:30 p.m. when his mother arrived to take him home. Perkins did not receive any compensation in exchange for washing the vehicles and Perkins claims that Lawson intimidated and frightened him as well as used racial slurs toward him. Plaintiff also alleges that her son did not receive any food during the time he washed the vehicles.
As a result of Perkins’ behavior on September 28, Assistant Principal Polk determined that discipline was appropriate. Polk allowed the plaintiff and her son to choose between serving a ten day at-home suspension or' attending an alternative school for ten days. Plaintiff opted to have her son attend alternative school and signed an agreement indicating her consent to her son’s attendance at alternative school.
As a result of these incidents, Nancy Buchanan filed a complaint on behalf of her minor son setting forth the following causes of action: (1) 42 U.S.C. § 2000d; (2) Thirteenth Amendment and 18 U.S.C. § 1584; (3) denial of procedural due process and equal protection under 42 U.S.C. § 1983; (4) race discrimination; and (5) various state law claims including false arrest, false imprisonment, assault, battery, public humiliation, and mental anguish.[3] The District Court, through five orders, dismissed all claims against all the defendants. Plaintiff appeals from the grant of summary judgment on behalf of all the defendants.
II.
This Court’s review of a grant of summary judgment is de novo; it uses the same test as used by the District Court. See Brooks v. American Broadcasting Cos., 932 F.2d 495, 500 (6th Cir.1991), cert. denied, 510 U.S. 1015, 114 S.Ct. 609, 126 L.Ed.2d 574 (1993). In reviewing summary judgment motions, courts must view the evidence in the light most favorable to the nonmoving party to determine whether a genuine issue of material fact exists. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970). Under Fed.R.Civ.P. 56(c), summary judgment is proper if the evidence “ ‘show[s] that there is no genuine issue as to any material fact and that the moving party is entitled to [a] judgment as a matter of law.’ ” Canderm Pharmacal, Ltd. v. Elder Pharmaceuticals, Inc., 862 F.2d 597, 601 (6th Cir.1988) (quoting Fed.R.Civ.P. 56(c)).
[*1356] III.
Plaintiff alleges that defendants Lawson and Weaver excluded her minor son from a federally assisted program on the basis of her son’s race in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, when they detained her minor son and prohibited him from participating in school activities. Specifically, plaintiff contends that Lawson violated 42 U.S.C. § 2000d by forcing her son to wash vehicles in lieu of allowing her son the opportunity to do his homework. Plaintiff farther argues that Weaver, by detaining her son and by failing to properly care for her son during his detention, also violated § 2000d.
The District Court granted summary judgment on behalf of defendants Lawson and Weaver on this claim on two grounds. First, the District Court concluded that Lawson and Weaver were not involved in the decision to place Perkins in alternative school.[4] Second, the District Court granted summary judgment because plaintiff failed to allege that Bolivar Junior High School was a federally assisted program.
42 U.S.C.A. § 2000d (West 1994) provides: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
To maintain a private right of action under 42 U.S.C. § 2000d, plaintiff must first prove the threshold requirement that the program from which plaintiff’s son was excluded receives federal financial assistance. See 42 U.S.C. § 2000d; West Zion Highlands v. City of Zion, 549 F.Supp. 673, 675 (N.D.Ill.1982). Plaintiffs cause of action fails from the outset on this ground because plaintiff neither alleged in her Complaint nor submitted any proof in opposition to Lawson and Weaver’s motion for summary judgment that Bolivar Junior High School receives federal financial assistance.
Plaintiff’s claim also fails because she asserts her claim against Lawson and Weaver and not against the school, the entity allegedly receiving the financial assistance. In insisting that she may maintain an action against Lawson and Weaver, plaintiff misreads 42 U.S.C. § 2000d-4a as defining the term “program or activity” in § 2000d as solely defining against whom a cause of action may be brought. Contrary to plaintiff’s reading, § 2000d-4a merely lists those programs that are subject to the restrictions imposed by Title VI.
Furthermore, to avoid summary judgment on a claim under § 2000d, a plaintiff must create a genuine issue of material fact that the defendant intended to discriminate on the basis of race.[5] See Guardians Ass’n v. Civil Service Comm’n, 463 U.S. 582, 103 S.Ct. 3221, 77 L.Ed.2d 866 (1983). To establish a genuine issue of material fact that the defendants intentionally discriminated against plaintiff’s son on the basis of his race, plaintiff must demonstrate that the decision to exclude Perkins from a federally financed program was motivated by race and that his race was a determining factor in the exclusion. In other words, proof of discriminatory intent is critical. Id. It follows that where the decisionmaker is motivated by a factor other than the excluded party’s race, there can be no intentional discrimination. See Hazen Paper Co. v. Biggins, 507 U.S. 604, 609, 113 S.Ct. 1701, 1705-06, 123 L.Ed.2d 338 (1993).
Plaintiff’s claim was also appropriately dismissed for the reason that she faded to adduce any evidence that defendants Lawson and Weaver were motivated by race. In support of their motions for summary judg[*1357]ment, both Lawson and Weaver submitted affidavits stating that they treated plaintiffs son no differently because of his race and that race played no role in their decisions to arrest, detain, and instruct plaintiffs son to wash police vehicles. In opposition to the motion for summary judgment, plaintiff merely asserted, without any supporting documentation or evidence, that her son “would not have been arrested had he been a Caucasian student.” Plaintiff must introduce more than allegations and conclusions such as these to create a genuine issue of material fact. Plaintiff failed to introduce any evidence tending to prove that the defendants’ reasons were a mere pretext. Because plaintiff has failed to do so, summary judgment in favor of Lawson, Weaver, and the City of Bolivar was appropriate.[6]
1. Thirteenth Amendment and 18 U.S.C. § 1584
Plaintiff contends that defendant Lawson subjected her son to involuntary servitude in violation of the Thirteenth Amendment and 18 U.S.C. § 1584 when Lawson instructed Perkins to wash police vehicles and was not given any food from approximately 12:30 p.m. until 4:30 p.m.
The Thirteenth Amendment provides:
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
U.S. Const. amend. XIII, § 1. Section 1584 of Title 18 of the United States Code imposes criminal sanctions against a person engaging in the practice of involuntary servitude. Section 1584 provides:
Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than five years, or both.
18 U.S.C.A. § 1584 (West Supp.1996). 18 U.S.C. § 1584 is a criminal statute enacted by Congress to enforce the Thirteenth Amendment; § 1584 does not provide for a private civil remedy. Thus, this claim was properly dismissed by the District Court.
Although plaintiff can not recover a private remedy under § 1584, the Supreme Court has deemed the term “involuntary servitude” in the Thirteenth Amendment and § 1584 to be indistinguishable. See United States v. Kozminski, 487 U.S. 931, 945, 108 S.Ct. 2751, 2761, 101 L.Ed.2d 788 (1988). Thus, eases discussing § 1584 are instructive in determining whether the conduct at issue constitutes involuntary servitude. For example, the United States Supreme Court in United States v. Kozminski, 487 U.S. 931, 108 S.Ct. 2751, 101 L.Ed.2d 788 (1988), held that only situations involving the compulsion of services “by the use or threatened use of physical restraint or injury, or by the use of threat of coercion through law or the legal process” constitute “involuntary servitude” prohibited by § 1584 and the Thirteenth Amendment. Id. at 948, 952, 108 S.Ct. at 2762-63, 2764.
The Supreme Court in Kozminski specifically rejected a broad construction of “involuntary servitude” which would consider the victim’s subjective state of mind and which would include situations where the victim has “no tolerable alternative but to serve the defendant” or where the “victim is deprived of the power of choice.” Id. at 932, 108 S.Ct. at 2754. The Supreme Court rejected such a construction because it sought to avoid delegating to juries the “inherently legislative task of determining what type of coercive activities are so morally reprehensible that they should be punished”. Id. at 949, 108 S.Ct. at 2763. The Court also declined to adopt a broad construction of the term because determining which situations rise to the level of involuntary servitude by the victim’s state of mind would fail to provide fair[*1358] notice of what types of conduct the statute prohibits. Id.
Following its interpretation of “involuntary servitude,” the Supreme Court held in Koz-minski that two mentally retarded men who labored on defendants’ farm under the actual or threatened physical abuse and the threat of reinstitutionalization of one of the men were subject to involuntary servitude. Id. at 953, 108 S.Ct. at 2765.
A case decided by this Circuit, U.S. v. King, 840 F.2d 1276 (6th Cir.), cert. denied sub nom., Lewis v. U.S., 488 U.S. 894, 109 S.Ct. 234, 102 L.Ed.2d 224 (1988), well illustrates the type of threats and coercion that constitute a violation of the Thirteenth Amendment. In King, the House of Judah, a religious sect, established a camp in which approximately one hundred people, including children, lived. Members of the sect agreed to accept punishment in the form of beatings for transgressions such as refusal to do assigned work. In order to implement the punishments, the leaders of the sect built a whipping block to confine offenders during beatings. Id. at 1279. As a result of their failure to work, several children were severely beaten, resulting in disfigurement, and one child, John Yarbough, died. Id. at 1280.
This Court in King held that the defendants had subjected Yarbough to involuntary servitude under a two-part test established by our Court in Kozminski prior to the time Kozminski reached the Supreme Court. Although the Supreme Court declined to follow the precise test laid out by this Circuit, King is guiding to this Court because its holding of involuntary servitude relied on the defendants’ use and threatened use of physical force. Id. at 1281.
There is no evidence in the record that defendants Lawson and/or Weaver used or threatened to use physical restraint or injury against Perkins, or that they used the threat of coercion through law or the legal process to compel Perkins to wash the vehicles. Even the defendants’ failure to provide Perkins with food for a four hour period does not meet the Kozminski standard. Moreover, under the standard imposed by the Supreme Court in Kozminski, Perkins’ subjective feelings of coercion are irrelevant.
As the previous discussion illustrates, plaintiffs claims against defendants Lawson and Weaver for violations of the Thirteenth Amendment are at the outset barred by the doctrine of qualified immunity because Lawson and Weaver’s conduct did not violate a clearly established right. In Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), the United States Supreme Court explained that government officials are entitled to qualified immunity when performing discretionary functions unless their actions “violate clearly established statutory or constitutional rights of which a reasonable person should know.” Id. at 816-18, 102 S.Ct. at 2738.
This Court applies a two-pronged analysis in determining a defendant’s entitlement to qualified immunity. First, a plaintiff must establish that he “has a clearly established statutory or constitutional right.” Megenity v. Stenger, 27 F.3d 1120, 1124 (6th Cir.1994). Second, a plaintiff must prove that a “reasonable public official would have been aware, that his conduct violates the right in question.” Id.; see also Hutsell v. Sayre, 5 F.3d 996, 1003 (6th Cir.1993) (citing Siegert v. Gilley, 500 U.S. 226, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991)), cert. denied, 510 U.S. 1119, 114 S.Ct. 1071, 127 L.Ed.2d 389 (1994).
Pursuant to the Thirteenth Amendment, plaintiffs son had a clearly established right to be free from involuntary servitude; however, a reasonable public official would not be aware that instructing a minor in the custody of a juvenile officer to wash police vehicles would constitute involuntary servitude prohibited by the Thirteenth Amendment. Therefore, the District Court properly concluded that Lawson and Weaver were immune from liability in their individual capacities. Similarly, the District Court properly concluded that the City of Bolivar, Harde-man County, and defendants Lawson, Weaver, and Anthony, in their official capacities, were entitled to governmental immunity.
2. Procedural Due Process
Plaintiff argues that her son was denied procedural due process when the school[*1359] failed to give her and her son notice and an opportunity to be heard regarding the disciplinary measures imposed upon her son. Further, plaintiff argues that the alternative school form signed by her is insufficient to waive her and her son’s right to procedural due process.
Students who face suspension from school possess property rights under the due process clause of the Fourteenth Amendment. See Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975). In Goss, the United States Supreme Court set forth the necessary procedural due process requirements to be met before the imposition of a suspension of ten days or less from school:
due process requires, in connection with a suspension of 10 days or less, that the student be given oral or written notice of the charges against him, and if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story.
Id. at 581, 95 S.Ct. at 739-40. The Supreme Court emphasized that the notice need not be given in a formal setting. For example, the Court noted that “[tjhere need be no delay between the time ‘notice’ is given and the time of the hearing” and that rudimentary procedures such as an “informal give-and-take between student and disciplinarian” will satisfy the procedural due process requirements for a suspension lasting for ten days or less. Id. at 582-584, 95 S.Ct. at 740—41. As the United States Court of Appeals for the Eleventh Circuit noted, “once school administrators tell a student what they heard or saw, ask why, they heard or saw it, and allow a brief response, a student has received all the process that the Fourteenth Amendment demands.” C.B. v. Driscoll, 82 F.3d 383, 386 (11th Cir.1996). As a general rule the hearing should be given before removal from the school unless the student’s presence is dangerous or disruptive. Id.; Goss at 582, 95 S.Ct. at 740.
In the instant ease, the record fails to disclose what type of conversations took place.between plaintiff, her minor son, and school officials.[7] Similarly, neither the school officials nor plaintiff state whether plaintiff and her minor son were informed of the reasons for Perkins’ impending suspension and given an opportunity to present his side of the story if he. denied engaging in the conduct that led to his suspension. We, therefore, remand this issue to the District Court to develop an appropriate record necessary for a determination of this issue.
In remanding this issue, we also note that the record is absent of sufficient facts for this Court to determine whether Perkins’ attendance at alternative school even implicates the Due Process Clause. Perkins may not have procedural due process rights to notice and an opportunity to be heard when the sanction imposed is attendance at an alternative school absent some showing that the education received at the alternative school is significantly different from or inferior to that received at his regular public school. See, e.g., C.B. v. Driscoll, 82 F.3d 383, 389 n. 5 (11th Cir.1996); Doe v. Bagan, 41 F.3d 571, 576 (10th Cir.1994); Zamora v. Pomeroy, 639 F.2d 662, 669-70 (10th Cir.1981).[8]
[*1360] 3. Equal Protection
Plaintiff contends that the Board of Education and defendants Shelly, Sanders, Young, and Polk treated her son differently throughout the arrest and disciplinary process on the basis of his race and thereby denied her son equal protection of the laws under the Fourteenth Amendment. Plaintiff argues that, because the defendants failed to affirmatively demonstrate that similarly situated Caucasian students were treated the same as her son, summary judgment on this claim was improper.
The Equal Protection Clause requires public institutions to “treat similarly situated individuals in a similar manner.” Gutzwiller v. Fenik, 860 F.2d 1317, 1328 (6th Cir.1988). However, plaintiffs claim fails because plaintiff misunderstands with whom the burden of proof lies in a cause of action alleging a violation of the Equal Protection Clause. In opposition to a motion for summary judgment, it is plaintiff who possesses the burden of demonstrating that the defendants treated similarly situated individuals in á disparate manner. See Gillard v. Norris, 857 F.2d 1095, 1101 (6th Cir.1988). After Assistant Principal Polk, who is also African-American, filed an affidavit that he treated plaintiffs minor son no differently than any other student, plaintiff, in the instant case, did not bring forth any evidence of similarly situated Caucasian students who were treated differently than her son. Instead, plaintiff relied on the defendants to introduce such evidence. As a result, plaintiff has failed to satisfy her burden of proof and summary judgment was appropriate.[9]
4; . Race Discrimination
Plaintiff alleges that' defendants Young, Polk, Weaver, and Lawson discriminated against her son on the basis of his race because they subjected Perkins to harsher disciplinary action based upon his race than similarly situated Caucasian students. It is not clear from plaintiffs complaint under which statute this cause of action is brought or how this claim differs from plaintiffs equal protection and 42 U.S.C. § 4000d claims. This claim, therefore, suffers from the same deficiencies.
As aforementioned, in support of the Board of Education, Shelly, Sanders, Young and Polk’s motion for summary judgment, defendant Polk signed a sworn affidavit stating that there are no Caucasian students at Bolivar Junior High School in the same disciplinary circumstances as plaintiffs son. Plaintiff failed to respond with any specific allegations of any similarly situated Caucasian students who were treated differently than her son.
Regarding defendants Lawson and Weaver, as previously discussed, plaintiff brought forth no evidence to contradict Lawson and Weaver’s affidavits stating that race played no role in their decision to arrest and detain Perkins. Thus, this claim fails for the same reason that plaintiffs claims under the Equal Protection Clause and 42 U.S.C. § 2000d failed.[10]
IV.
For the foregoing reasons, we REVERSE the District Court order granting summary judgment on plaintiffs procedural due process claim and REMAND to the District Court for further proceedings consistent with this opinion. We AFFIRM the judgment of the District Court in all other respects.
Tenn.R.Juv.P. 5(c)(3).
In her certified complaint, plaintiff claims her son washed three police vehicles and two private vehicles owned by police officers. Although the Complaint was sworn, plaintiff was not present during her son’s detention and, therefore, does not have personal knowledge of the events she describes. Rule 56(e) of the Federal Rules of Civil Procedure provides, in pertinent part:
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Fed.R.Civ.P. 56(e). We, therefore, disregard plaintiff’s claim that her son washed two private vehicles and adopt Lawson’s sworn testimony that Aldrick Perkin's washed only police vehicles.
Plaintiff's state law claims were dismissed by the District Court because the Tennessee state courts have exclusive jurisdiction over claims subject to governmental immunity. Tenn.Code Ann. §§ 29-20-101 et seq., 29-20-307 (1980). Plaintiff has not appealed the dismissal of these state law claims.
The District Court seemed to slightly misconstrue plaintiff’s argument. Plaintiff appears to claim that Lawson and Weaver violated § 2000d by excluding Perkins from school during his detention at the station. The District Court read plaintiff's claim as arising out of her son's participation in alternative school.
A plaintiff may pursue a claim under a disparate, impact theory as well. See Guardians Ass'n v. Civil Service Comm’n, 463 U.S. 582, 103 S.Ct. 3221, 77 L.Ed.2d 866 (1983). However, a disparate impact theory is not applicable in the case at hand.
Because plaintiff's claim under 42 U.S.C. § 2000d fails on substantive grounds, we need not address plaintiff's claim that the District Court erred in granting summary judgment on behalf of Hardeman County and defendant Anthony under the doctrine of governmental immunity.
The District Court did note that on October 1, 1995, plaintiff and her son signed a form entitled, "Hardeman County Alternative School Parent-Student Agreement,” acknowledging that they understood the agreement and would abide by the rules of the alternative school. The form was also signed by defendant Polk; preceding his signature is an acknowledgement stating that he reviewed the agreement with the student and his parent and answered all questions regarding the agreement. The District Court deemed the signing of this form sufficient to preclude liability for a due process violation.
The District Court held and the defendants now argue that the form, in and of itself, constitutes the plaintiff’s consent to the discipline imposed and thereby rendered notice and an opportunity to be heard unnecessary. This agreement, however, does not state that the plaintiff and her son waived their right to notice and an opportunity to be heard. We, thus, decline to hold that, by signing this form, plaintiff and her son waived their right to refute the conduct alleged and the discipline imposed.
Plaintiff briefly raises the additional argument that Polk "negligently deprived Plaintiff Minor of his privileges when he called upon a police officer to arrest and detain Plaintiff Minor without probable cause.” Brief of Appellant at 13. We reject plaintiff's argument as meritless. Polk did not violate any right belonging to Perkins when he telephoned the police after witnessing firsthand Perkins' destructive conduct on school[*1360] property. Similarly, the police had probable cause to arrest Perkins based on Polk’s eyewitness report. Tenn.Code Ann. § 40-7-103 (1990).
Because plaintiffs equal protection claim fails on substantive grounds, we need not address plaintiff's claim that the District Court erred in granting summary judgment in favor of Harde-man County under the doctrine of governmental immunity.
Because plaintiff's claim for race discrimination fails on substantive grounds, we need not address plaintiff's claim that the District Court erred in granting summary judgment on behalf of Hardeman County under the doctrine of governmental immunity.