Gohl ex rel. J.G. v. Livonia Public Schools, 134 F. Supp. 3d 1066

Background

Plaintiff Lauren Gohl sued on behalf of her son J.G., a 3-year-old special-education student with hydrocephalus and a VP shunt, alleging constitutional violations (Fourth and Fourteenth Amendments), ADA, Rehabilitation Act, and state-law torts for alleged physical and emotional abuse by teacher Sharon Turbiak and failures to act by multiple school employees and Livonia Public Schools (LPS).
The principal and personnel received complaints in late 2011 about Turbiak’s harsh classroom conduct; Turbiak was counseled and sent home briefly; a November 2011 memorandum warned about professionalism.
On March 5, 2012, a social worker reported that Turbiak grabbed J.G.’s head and yelled in his face; Turbiak said she placed her hand on his head to prevent bouncing and was returned to class after an initial meeting.
Records (IEP progress reports and related evaluations) show J.G. received services and made measurable progress on IEP goals during the relevant period.
Plaintiff proffered expert reports alleging emotional/neurological harm; the court found the psychiatric report unsworn (inadmissible) and the education expert’s opinions conclusory and not tied to J.G.’s specific educational deprivation.
Procedurally: Defendants moved to dismiss and/or for summary judgment; the court granted summary judgment for defendants on federal statutory and constitutional claims and declined supplemental jurisdiction over state-law claims (dismissed without prejudice).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether individual defendants can be sued in their individual capacities under ADA/RA	Gohl argued statutory language permits liability	Defendants: ADA/RA do not impose individual liability for public employees	Dismissed — individual-capacity ADA/RA claims barred (Sixth Circuit precedent)
Whether official-capacity ADA/RA claims against individuals are redundant where LPS is sued	Gohl wanted jury to consider individual claims and punitive damages	Defendants: official-capacity claims redundant because LPS is named	Dismissed as redundant — official-capacity claims against employees dismissed; only LPS remains under ADA/RA
Whether LPS violated ADA/RA by excluding/denying benefits or discriminating because of disability	Gohl: Turbiak’s alleged abuse deprived J.G. of meaningful education; experts opine harm	LPS: J.G. received services, made progress on IEP; no evidence of exclusion, discrimination, or causation tied to disability	Granted for LPS — no genuine dispute of exclusion, discrimination, or causation; ADA/RA claims dismissed
Whether Turbiak’s conduct (and supervisors’ failures) violated constitutional rights (excessive force / substantive due process; equal protection; Monell liability)	Gohl: March 5 incident and alleged pattern constituted conscience-shocking force and discriminatory treatment	Defendants: qualified immunity applies; single incident and lack of severe injury or evidence of disparate treatment; no municipal policy caused violation	Granted for defendants — Fourteenth Amendment substantive-due-process and equal-protection claims fail; qualified immunity; no underlying violation so no Monell liability

Key Cases Cited

Albrecht v. Treon, 617 F.3d 890 (6th Cir. 2010) (Rule 12(b)(6) pleading standard described)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading must state plausible claim; legal conclusions insufficient)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burden on movant explained)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard; inferences for nonmoving party)
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (summary judgment standards regarding inferences)
Lillard v. Shelby Cnty. Bd. of Educ., 76 F.3d 716 (6th Cir. 1996) (student excessive-force claims assessed under substantive due process "shocks the conscience" standard)
Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires policy/custom causation)
Saucier v. Katz, 533 U.S. 194 (2001) (qualified immunity two-step inquiry)
DeShaney v. Winnebago Cnty. Dep’t of Soc. Servs., 489 U.S. 189 (1989) (not every tort by state actor is a constitutional violation)