Ashford v. Edmond Public School District

822 F. Supp. 2d 1189, 2011 U.S. Dist. LEXIS 111298, 278 Educ. L. Rep. 279
CourtDistrict Court, W.D. Oklahoma
DecidedSeptember 28, 2011
DocketCase Nos. CIV-10-1134-D, CJ-2010-5358
StatusPublished

This text of 822 F. Supp. 2d 1189 (Ashford v. Edmond Public School District) is published on Counsel Stack Legal Research, covering District Court, W.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashford v. Edmond Public School District, 822 F. Supp. 2d 1189, 2011 U.S. Dist. LEXIS 111298, 278 Educ. L. Rep. 279 (W.D. Okla. 2011).

Opinion

ORDER

TIMOTHY D. DeGIUSTI, District Judge.

Before the Court are three separate motions to dismiss, which will be addressed together because they raise common issues and advance common arguments through the incorporation of briefs. Defendant Edmond Public School District (the “Distriet”), and all individual defendants sued in their official capacities, seek a dismissal of the action pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6). See Doc. No. 37. Defendants Paula Carlile, Barbara Sparks, Jessele Miller, Penny Gooch, Jenny Cody, Debbie Biechler, Nancy Goosen and Dr. David Goin (hereafter referred to collectively, as in their motion, as the “Administrative Defendants”) seek the dismissal of claims brought against them individually pursuant to Fed.R.Civ.P. 12(b)(6). See Doc. No. 38. Defendants Nathalie Kitson, Amy Joyce, and Helen Macy (hereafter referred to collectively as the “Teacher Defendants”) seek the dismissal of claims brought against them individually pursuant to Fed.R.Civ.P. 12(b)(6).1 See Doc. No. 32. Plaintiffs have timely opposed all motions, which are fully briefed and at issue.

Procedural Background

Plaintiff Jennifer Ashford seeks compensatory and punitive damages for herself and her minor child, N.A., under multiple federal statutes and various tort law theories asserted under the Oklahoma Governmental Tort Claims Act, Okla. Stat. tit. 51, §§ 151-74, and common law. Plaintiffs allege that N.A. has multiple disabilities (including attention deficit hyperactivity disorder, attachment disorder, oppositional defiance disorder, post traumatic stress disorder, and developmental delay) and is disabled within the meaning of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-85; Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213; and Rehabilitation Act of 1973, 29 U.S.C. §§ 791-94. Defendants are the District, where N.A. attended elementary school during 2007-08 and 2008-09, N.A.’s teachers and teaching assistants, [1193]*1193supervisors of special needs teachers, a counselor, an assistant principal, and the superintendent. Briefly stated, Plaintiffs allege that the Teacher Defendants repeatedly and forcibly placed N.A. in a “time-out” or “quiet” room during the school day and kept him there for extended time periods spanning more than 15 minutes. Plaintiffs allege that this practice had no legitimate purpose or educational value, violated school policies and N.A.’s individualized education plan (or IEP),2 and constituted child abuse. Plaintiffs further allege that this practice was concealed from N.A.’s parents until his mother discovered it, and that the District and Administrative Defendants failed to investigate or respond appropriately when N.A.’s mother complained. Specifically, Plaintiffs allege that “District personnel” falsely represented or withheld information about incidents involving N.A. and altered records after his mother complained. See First Am. Compl. [Doc. No. 29] at 17-18.

The case originated in state court and was removed based on federal question jurisdiction under 28 U.S.C. § 1331. Immediately after removal, Defendants filed motions to dismiss, and Plaintiffs responded by requesting leave to amend their petition to satisfy federal pleading standards. The case is now proceeding under the First Amended Complaint. The Court begins by addressing the federal claims that form the basis of subject matter jurisdiction. Under the law of this circuit, “if federal claims are dismissed before trial, leaving only issues of state law, the federal court should decline the exercise of jurisdiction by dismissing the case without prejudice.” Brooks v. Gaenzle, 614 F.3d 1213, 1229 (10th Cir.2010) (internal quotations omitted); see 28 U.S.C. § 1367(c)(3); see also Ball v. Renner, 54 F.3d 664, 669 (10th Cir.1995). In the context of a removed case, an order remanding the case to state court is appropriate if all federal claims are dismissed. See Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 129 S.Ct. 1862, 1865, 173 L.Ed.2d 843 (2009).

As pertinent here, the First Amended Complaint lists the following claims: “Count Thirteen: Substantive Due Process Violations,” asserted against all defendants under the Due Process Clause of the Fourteenth Amendment and 42 U.S.C. § 1983; “Count Fourteen: Disability Discrimination,” asserted against all defendants under the Rehabilitation Act, the ADA and § 1983, and against the District under the IDEA; “Count Fifteen: Equal Protection Violation,” asserted against all defendants under the Equal Protection Clause of the Fourteenth Amendment and § 1983;3 and “Count Sixteen: Unreasonable Search and Seizure Violations,” asserted against all defendants under the Fourth and Fourteenth Amendments and § 1983. Also, Plaintiffs seek damages in “Count Five: Invasion of Privacy” based, in part, on the District’s alleged violation of the Family Educational Rights and Privacy Act (FER-PA), 20 U.S.C. § 1232g, and in “Count Nine: Breach of Fiduciary Duty” based on Defendants’ alleged failure to follow N.A.’s IEP.

The District seeks dismissal on the grounds that the IDEA provides a remedy for the alleged violations of N.A.’s educational rights, and requires the exhaustion of administrative remedies as a juris[1194]*1194dictional prerequisite to bringing a civil action to address the alleged violations. The District also seeks the dismissal of Plaintiffs’ § 1983 claims on grounds that Plaintiffs fail to allege a constitutional violation or a basis for municipal liability, and the dismissal of any claim based on an alleged violation of FERPA because the statute creates no private right of action.4 The Administrative Defendants and Teacher Defendants seek dismissal of Plaintiffs’ federal statutory claims on the grounds that individuals cannot be held liable under the IDEA, ADA or Rehabilitation Act, and they are exempt from personal liability under the Paul D. Coverdell Teacher Protection Act of 2001, 20 U.S.C. §§ 6731-38. The Administrative Defendants also assert that Plaintiffs have failed to allege a constitutional violation and that they have qualified immunity from personal liability under § 1983.

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Bluebook (online)
822 F. Supp. 2d 1189, 2011 U.S. Dist. LEXIS 111298, 278 Educ. L. Rep. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashford-v-edmond-public-school-district-okwd-2011.