M.P. v. Federal Way School District No 210, 2:14-cv-01273

Background

M.B., a female juvenile of African-American and Roma descent, attended Federal Way schools (Saghalie Middle School, then Decatur High) and had multiple disciplinary incidents (Jan 2012–May 2013) including suspensions.
On Sept. 19, 2012, M.B. was assaulted by her adult half-sister, Jessica Porter, at Saghalie; Porter was arrested and removed. Plaintiffs contend school officials knew Porter posed a risk; school officials and an independent investigator said they had no notice of such a threat.
On Nov. 13, 2013, at Decatur High, M.B. assaulted another student (pulling off a wig), was arrested after kicking an officer, and was expelled for the remainder of the year.
Plaintiffs sued the Federal Way School District and the City of Federal Way under 42 U.S.C. § 1983 (various constitutional theories), Title IX, and Title VI, and named Does 1–30; no individual defendants were joined.
Defendants moved for summary judgment; plaintiffs filed no opposition materials or sworn declarations, and the complaint was not verified.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Municipal liability under § 1983 (Monell)	District/City are liable for constitutional violations (failure to protect, retaliation, unlawful arrest, equal protection) caused by their employees or policies	No evidence of an official policy, custom, or final policymaker involvement or ratification linking municipal action to alleged violations	Dismissed — plaintiffs failed Monell showing; § 1983 claims against District and City dismissed with prejudice
Failure to protect M.B. from Porter	School knew Porter posed a danger and failed to prevent contact/assault	School officials and investigator state they lacked notice of any threat; no policy condoning access	Dismissed — no evidence of notice, policy, or final policymaker involvement; Monell requirements unmet
Fourth Amendment claim re: M.B.’s arrest	Arresting officer used excessive/unreasonable force during seizure	No evidence officer action reflects municipal policy or was ratified by a final policymaker; separate question of individual liability not before court	Dismissed as to City (Monell failure); § 1983 claim against City dismissed with prejudice
Title IX / Title VI / discrimination in discipline	M.B. disciplined based on gender and/or race; disparate treatment	No evidence of similarly situated comparators treated more leniently or discriminatory comments/animus	Dismissed — plaintiffs failed to establish prima facie disparate-treatment or discriminatory motive; claims dismissed with prejudice

Key Cases Cited

Lew v. Kona Hosp., 754 F.2d 1420 (9th Cir. 1985) (verified complaints can serve as affidavits when based on personal knowledge)
Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burden-shifting principles)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (standard for assessing genuine issues of material fact)
Scott v. Harris, 550 U.S. 372 (2007) (court may grant summary judgment when record could not lead a rational trier of fact for nonmoving party)
Monell v. Dept. of Soc. Servs. of N.Y.C., 436 U.S. 658 (1978) (municipal liability under § 1983 requires an official policy, custom, or action by a final policymaker)
Botello v. Gammick, 413 F.3d 971 (9th Cir. 2005) (discusses municipal liability standards under Monell)
Ulrich v. City & County of San Francisco, 308 F.3d 968 (9th Cir. 2002) (addresses policymaker and ratification concepts for municipal liability)