Adams v. Landry

District Court, E.D. Louisiana·Decided November 14, 2022·No. 2:21-cv-02153·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA AMY ADAMS CIVIL ACTION VERSUS NO. 21-2153 ASHLEIGH LANDRY, ET AL. SECTION “B”(4) ORDER AND REASONS Before the Court are defendants Ashleigh Landry and Lafourche Parish School Board’s motions to dismiss for failure to state a claim (Rec. Docs. 52, 51), plaintiff Amy Adams’ response in

opposition (Rec. Doc. 53), and defendants’ replies in support of their motions to dismiss (Rec. Docs. 57, 59). IT IS ORDERED that defendant Ashleigh Landry’s motion to dismiss (Rec. Doc. 52) is DENIED, with retention over supplemental state law claims against Landry. IT IS FURTHER ORDERED that defendant Lafourche Parish School Board’s motion to dismiss pursuant to Rule 12(b)(6) (Rec. Doc. 51) is GRANTED, dismissing claims against the Board without prejudice. I. FACTS AND PROCEDURAL HISTORY This matter concerns TMT, a minor child under age seventeen and the natural son of plaintiff Amy Adams (“Adams”).

Rec. Doc. 50 at 2-3. Adams, on behalf of minor TMT, alleges defendant Ashleigh Landry (“Landry”) “as principal . . . had unrestricted access” to TMT’s student file and personal history.1 Rec. Doc. 50 at 3. Exploiting her knowledge of minor TMT’s difficult family circumstances, Landry leveraged her credibility and trust as a

principal to convince TMT’s natural parents to grant her temporary legal custody, and successfully gained temporary custody on October 28, 2019. Id. at 3-4. Landry is an adult resident of Lafourche Parish in Louisiana, who was an employee of the Lafourche Parish School Board (the “Board”) system and the principal of Lockport Middle School located in Lafourche Parish. Id. at 1-2. Over the course of 2020, while she was principal of Lockport Middle School and simultaneously possessed temporary legal custody of TMT, Landry “engaged in a sexual relationship” with TMT. Id. at 5. Landry “sexually exploit[ed]” TMT during normal school and employment hours of Lockport Middle School, and her behavior included discussing sexual activity with TMT while the two were in

private and exchanging lascivious/sexual text messages with TMT. Id. at 5-6, 15. Additionally, Adams adds in the amended complaint that “Landry had sexual relations with TMT on the property of Lockport Middle School at least once in early 2020.” Id. at 5. This relationship also extended to non-school hours, when Landry would periodically transport TMT from the school to her home, where TMT also lived, to engage in sexual relations. Id. at 7.

1 TMT’s alleged personal history involved “a household and personal history of substance abuse issues” that led to “family strife” and uncertainty over “who would take responsibility for minor TMT.” Rec. Doc. 50 at 3. Adams avers she discovered this illicit relationship because she had another child who matriculated into Lockport Middle School during the fall 2020 semester. Id. at 8. The child reported to

Adams that “fellow schoolchildren and teachers would openly joke and discuss [] Landry’s sexual relationship with minor TMT,” indicative that “other teachers and/or mandated reporters had actual and/or constructive knowledge of the sexual relationship.” Id. Adams reported the sexual relationship to Lafourche Parish Sheriff’s Office by November 2020 and Landry was arrested for felony carnal knowledge of a juvenile in March 2021. Id. at 8, 5. According to Adams, even after her arrest, Landry continued the sexual relationship and would instruct TMT on how to sneak into her bedroom overnight while her husband was away. Id. at 6, 9. Adams also contends the Board “was made aware of the sexual relationship between Landry and TMT . . . prior to Landry’s arrest.” Id. at 9. Prior to March 2021, the Board allegedly failed

to take action to protect TMT from Landry’s sexual advances, intentionally allowed Landry to continue her sexual exploitation of TMT and failed to properly monitor or supervise Lockport Middle School over the course of Landry’s sexual exploitation. Id. at 9, 12, 15. Adams points to different aspects of the Board’s website to show that the “absence of reporting requirements or tools on [the Board’s] website reflect a glaring implicit endorsement of the type of illicit activity and sexual harm minor TMT suffered.”2 Rec. Doc. 50 at 11. Adams avers this “established an informal custom of ignoring or condoning sexual harassment or abuse of students such that it constituted official Board policy.” Id.

On June 7, 2022, Adams filed an amended complaint with this Court alleging defendant Landry, individually and in her official capacity of principal of Lockport Middle School, and the Board violated TMT’s substantive due process rights under the Fourteenth Amendment and 42 U.S.C. § 1983. Id. at 2. Adams also alleges defendants are liable for intentional infliction of emotional distress, negligence, sexual misconduct, and intentional spoilation of evidence under Louisiana state law. Id. at 11, 12- 13, 15, 16. Moreover, Adams asserts the Board is vicariously liable for Landry’s tortious conduct. Id. at 15. Accordingly, Adams claims defendants are liable for general and special damages, including

emotional distress and mental anguish, as well as attorney’s fees and costs. Id. On May 4, 2022, the Court granted defendants’ motions to dismiss (Rec. Doc. 23, 24) and accordingly (1) dismissed plaintiff’s claims against Tina Babin individually and in her

2 Adams offers examples of the website’s alleged deficiencies, including: the “SAFETY page” for teachers discussing only workplace injury reporting and worker’s compensation as opposed to mentioning responsibilities of mandated reporters; the “Crime Stoppers Bayou Region” landing page is not an official designated entity for reporting purposes; and how the only publicly available online reporting tool’s express statement that the resource is for students intentionally omits reference to teachers or other mandated reporters. Rec. Doc. 50 at 9-10. official capacity as president of Lafourche Parish School Board with prejudice; (2) dismissed plaintiff’s federal law claims against Ashleigh Landry and the Lafourche Parish School Board

without prejudice; and (3) declined supplemental jurisdiction over the remaining state law claims without prejudice. Rec. Doc. 46. Adams was granted leave to amend and filed an amended complaint on or around July 7, 2022. Id.; Rec. Doc. 50. Defendants filed the instant motions to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6). Rec. Docs. 51, 52. II. LAW AND ANALYSIS A. Rule 12(b)(6) Standard Rule 12(b)(6) of the Federal Rules of Civil Procedure allows a party to move for dismissal of a complaint for failure to state a claim upon which relief can be granted. To survive a motion to dismiss under Rule 12(b)(6), a plaintiff’s complaint “must contain

‘enough facts to state a claim to relief that is plausible on its face.’” Varela v. Gonzales, 773 F.3d 704, 707 (5th Cir. 2014) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). In other words, a plaintiff’s “[f]actual allegations must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 556 U.S. at 556).

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