Pshenichnykh v. East Meadow Union Free School District
2:23-cv-07183
| E.D.N.Y | Oct 16, 2024Background
- Plaintiff Dmitry Pshenichnykh, on behalf of his son, Anton (A.P.), sued the East Meadow Union Free School District after A.P. was suspended from W.T. Clarke Middle School over alleged threats referencing a "school shooting."
- After the incident, A.P. was searched and questioned by school officials and police, and temporarily hospitalized; no weapons were found.
- The District imposed both short- and long-term suspensions on A.P. after a superintendent’s hearing, later upheld by the District's board and the State Commissioner of Education.
- Plaintiffs alleged violations of A.P.’s First, Fourth, and Fourteenth Amendment rights and sought to have the suspensions expunged from A.P.'s school record.
- During settlement negotiations, the District agreed to expunge the suspensions; Dmitry Pshenichnykh accepted a $15,000 lump sum for lost wages, fees, and attorney fees, with no damages sought for A.P.
- The parties sought court approval of the settlement as an infant compromise pursuant to local and New York state rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Expungement of A.P.'s suspension | Suspension violated A.P.'s constitutional rights; expungement warranted | Not opposed to expungement in settlement | Expungement of suspensions approved |
| Due process, free speech, and procedural rights | A.P. denied due process and free speech at hearings | Denied these rights were violated | Settlement renders argument moot |
| Approval of infant compromise | Settlements for minors require court approval; fair, reasonable | Agreed to settlement, not opposed | Settlement approved as fair and reasonable |
| Damages for lost wages and fees (parent) | Dmitry entitled to compensation for lost wages/fees | Settlement provides lump sum | $15,000 award for parent approved |
Key Cases Cited
- Neilson v. Colgate-Palmolive Co., 199 F.3d 642 (2d Cir. 1999) (establishes standard for approval of infant compromises—settlement must be fair, reasonable, and adequate)
- Maywalt v. Parker & Parsley Petroleum Co., 67 F.3d 1072 (2d Cir. 1995) (provides standard for evaluating adequacy of settlements for minor litigants)