1:22-cv-00172
W.D.N.Y.Sep 26, 2023Background
- Plaintiff Taylor Gordon sued Niagara Wheatfield Central School District on March 3, 2022, asserting Title IX claims arising from alleged gender-based harassment and bullying after she was raped by another student while attending Niagara Wheatfield High School.
- On October 14, 2022 Gordon moved for leave to amend to add § 1983 claims (First Amendment, Equal Protection, Due Process) and to add the School Board plus several school officials in official and personal capacities.
- Defendant opposed the amendment; the motion was referred to Magistrate Judge Michael J. Roemer.
- On August 22, 2023 Judge Roemer issued an R&R recommending the motion be granted in part and denied in part, specifying which claims and defendants should be allowed.
- No party objected to the R&R; the district court accepted it and granted leave to amend consistent with the R&R, then referred the case back to Judge Roemer for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Leave to add Title IX claims against the District and School Board | Gordon sought to add Title IX claims against both the District and the School Board | District opposed amendment (argued amendment should be denied) | Granted: leave to add Title IX claims against District and School Board |
| Leave to add Equal Protection § 1983 (Monell and personal-capacity claims) | Gordon sought Monell claims against District and School Board and personal-capacity Equal Protection claims against several officials | District opposed; argued claims were deficient or improper | Granted in part: Monell Equal Protection claims permitted against District and School Board; personal-capacity Equal Protection claims permitted against Mann, Graber, White, and Ljiljanich |
| Leave to add First Amendment § 1983 claims (Monell and personal-capacity) | Gordon sought First Amendment claims under § 1983 against the District and School Board (Monell) and against Mann personally | District opposed amendment | Granted in part: Monell First Amendment claims permitted against District and School Board; personal-capacity First Amendment claim permitted against Mann |
| Leave to add procedural due process § 1983 claims | Gordon sought procedural due process claims against District, School Board, and certain officials | District opposed amendment | Granted in part: procedural due process claims permitted against District, School Board, and Mann in his personal capacity |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (1985) (standards for magistrate judge recommendations and de novo review when objections are filed)
- Briggs v. Cnty. of Monroe, 215 F. Supp. 3d 213 (W.D.N.Y. 2016) (applying de novo review to objections to denial of leave to amend)