Eskenazi-McGibney v. Connetquot Central School District
84 F. Supp. 3d 221
| E.D.N.Y | 2015Background
- JEM, a special-education student with diagnosed learning disabilities including ADHD, alleged repeated physical and verbal harassment by a classmate (Chris) and an incident with a bus driver during 2012–2013.
- Parents RM and JM repeatedly complained to BOCES and Connetquot School District staff (teachers, principals, special-education administrators) about the incidents; plaintiffs allege inadequate or no remedial action and some restrictions on parents’ access to teachers and school property.
- Plaintiffs sued the District, BOCES, and several individual school officials under Title II of the ADA, Section 504 of the Rehabilitation Act, 42 U.S.C. § 1983 (Equal Protection), New York state statutes (including the Dignity for All Students Act), and state common-law torts; motions to dismiss were filed by defendants.
- The court granted plaintiffs leave to amend, considered the motions as to the amended complaint, and evaluated federal claims under Rule 12(b)(6).
- The court found the amended complaint alleged bullying and poor responses by school officials but did not plausibly allege that the harassment was because of JEM’s disability or that plaintiffs engaged in protected activity under the ADA/Section 504.
- The court dismissed the ADA and Section 504 discrimination and retaliation claims, dismissed the § 1983 Equal Protection claim, declined to reach qualified immunity, and declined supplemental jurisdiction over state-law claims (dismissed without prejudice).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parents (RM/JM) have standing under ADA/Section 504 to sue on their own behalf | RM/JM claim associational injury from being denied access and retaliated against for advocating for disabled child | Defendants dispute statutory standing and causation for associational injury | Court: RM/JM plausibly alleged associational standing at pleading stage; standing suffices to proceed as to statutory standing question |
| Whether JEM stated a discrimination claim under ADA/Section 504 (deliberate indifference / hostile educational environment) | JEM alleges repeated bullying and defendants’ deliberate indifference denied educational benefits | Defendants argue plaintiffs fail to allege harassment was because of disability and thus no ADA/504 violation | Court: Dismissed — allegations lack nonconclusory facts linking harassment to JEM’s disability, so ADA/504 claim fails |
| Whether RM/JM stated an ADA/Section 504 retaliation claim | RM advocated for son and was allegedly cut off from teacher and restricted from school property as retaliation | Defendants: Parents didn’t allege they complained of disability-based discrimination, so no protected activity under ADA/504 | Court: Dismissed — plaintiffs did not allege protected activity (complaints did not assert disability-based discrimination) |
| Whether JEM stated a § 1983 Equal Protection claim (including ‘class of one’ or selective enforcement) | JEM alleges denial of harassment-free environment and unequal treatment compared to non-disabled peers | Defendants: No specific allegations of intentional disability-based discrimination or similarly situated comparators | Court: Dismissed — plaintiff failed to allege purposeful discrimination or sufficiently similar comparators; § 1983 claim fails |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard: plausibility required)
- Davis v. Monroe County Bd. of Educ., 526 U.S. 629 (hostile-educational-environment standard for peer harassment)
- Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268 (associational discrimination under Rehabilitation Act)
- Alexander v. Choate, 469 U.S. 287 (Congress perceived discrimination against disabled as often from benign neglect)
- Gonzaga Univ. v. Doe, 536 U.S. 273 (§ 1983 enforces rights secured elsewhere)
- DiStiso v. Cook, 691 F.3d 226 (deliberate indifference theory for school-based harassment under § 1983)
- Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246 (availability of § 1983 remedies for school discrimination claims)