Renick v. Annapolis High School, 2:23-cv-12113

Selena Perez, a high school student, died by suicide at her home in 2021. Her mother, Maisoon Renick, sued the Dearborn Heights School District, superintendent Dr. Tyrone Weeks, and principal Aaron Mollett, alleging their actions and inactions contributed to Selena's death.
Mollett was aware of Selena's declining academic performance, drug use at school, and past self-harm, yet did not suspend her nor inform her parents of her marijuana use on the day she died.
On the day of her death, Selena was allowed to leave school while under the influence, without medical intervention or parental notification. Later, Mollett communicated her conduct to her family after her death.
The complaint asserted federal claims under the "state-created danger" theory pursuant to 42 U.S.C. § 1983, and state law claims for wrongful death and gross negligence.
Defendants moved for judgment on the pleadings, challenging the sufficiency of the federal claims and asserting qualified immunity for the individuals. Plaintiff sought to dismiss her state law claims without prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
State-created danger (affirmative act/§1983 liability)	Defendants increased risk to Selena by failing to act, e.g., sending her home and failing to report abuse.	Plaintiff alleges only non-actions; no affirmative act as required.	No plausible §1983 claim; no affirmative act alleged.
Qualified immunity for officials	Defendants' conduct violated clearly established rights.	No clearly established right under the circumstances; prior caselaw is against liability.	Qualified immunity applies; right not clearly established.
Municipal liability under Monell	School District had policy/custom constituting deliberate indifference.	No unlawful policy, custom, or pattern alleged; only a single incident.	No Monell liability; no pattern or clear policy pled.
Jurisdiction over state law claims	Dismiss state law claims without prejudice after federal claims dismissed.	State claims should be dismissed with prejudice or on the merits.	State law claims dismissed without prejudice after federal dismissal.

DeShaney v. Winnebago County Dep't of Social Services, 489 U.S. 189 (1989) (state generally has no affirmative duty to protect individuals from private harm without a special relationship)
Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal §1983 liability requires policy or custom causing the injury)
Pembaur v. City of Cincinnati, 475 U.S. 469 (1986) (official policy by final decision-maker can trigger municipal liability)
McQueen v. Beecher Community Schools, 433 F.3d 460 (6th Cir. 2006) (state-created danger requires egregious, conscience-shocking conduct)
Cartwright v. City of Marine City, 336 F.3d 487 (6th Cir. 2003) (affirmative act required for state-created danger claim)
Ashcroft v. al-Kidd, 563 U.S. 731 (2011) (qualified immunity turns on whether right was clearly established)