A.T. v. Dry Creek Joint Elementary Sch. Dist.

316 F. Supp. 3d 1204
CourtDistrict Court, E.D. California
DecidedJune 19, 2018
DocketNo. 2:16–cv–02925–MCE–DB
StatusPublished

This text of 316 F. Supp. 3d 1204 (A.T. v. Dry Creek Joint Elementary Sch. Dist.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.T. v. Dry Creek Joint Elementary Sch. Dist., 316 F. Supp. 3d 1204 (E.D. Cal. 2018).

Opinion

MORRISON C. ENGLAND, JR., UNITED STATES DISTRICT JUDGE

Plaintiff A.T., a minor represented by his guardian ad litem L.T., originally brought claims against Defendants Dry Creek Joint Elementary School District, Placer County Office of Education, Placer County Children System of Care, as well as several of their employees (the "Individual Defendants") based on alleged abuse he suffered while a student at Secret Ravine School. Plaintiff's initial complaint was dismissed, with leave to amend granted only with regard to his first and second causes of action against the Individual Defendants under 42 U.S.C. § 1983. Plaintiff timely filed a First Amended Complaint ("FAC") against those Individual Defendants, and now before the Court are Defendants' Motions to Dismiss for Failure to State a Claim. ECF Nos. 72-73.1 For the reasons that follow, those motions are GRANTED in part and DENIED in part.2

BACKGROUND3

In 2005, shortly after beginning kindergarten at Cobblestone Elementary School, which is located within the non-party Rocklin Unified School District, Plaintiff was referred for special education after *1208being diagnosed with attention deficit hyperactivity disorder and bipolar disorder. Toward the end of the 2004-2005 school year, Rocklin Unified convened an individualized education program ("IEP") meeting to determine whether Plaintiff was eligible for special education and related services. The IEP determined that he was. After Plaintiff's behavior grew more and more inappropriate and after three more IEP meetings, Plaintiff was placed in a non-public school pending his admission to a program operated by Defendant PCOE. In February 2006, Plaintiff was eventually placed at Secret Ravine School, which is operated by the PCOE. By the end of the 2006-2007 school year, Plaintiff moved within the boundaries of Defendant Dry Creek Joint Elementary School District.

Placement at Secret Ravine also required another IEP meeting, in which Plaintiff's father signed a document authorizing "therapeutic containment." Therapeutic containment was defined as "placing the student on the floor and holding him until he has regained control." That document authorized such containment when "external controls are unsuccessful and a student's behavior is escalating to such a degree that there is a clear and present danger of bodily harm to self or other or property damage." It also states that it would be used "only when it is clear that any less restrictive interventions would prove ineffective in controlling the student" and that Plaintiff's parents would be notified of the use of any such restraint.

In August 2009, however, Plaintiff's parents requested his records and discovered that the school had repeatedly restrained and isolated Plaintiff without informing his parents. On November 19, 2010, Plaintiff's parents requested an administrative hearing before the Office of Administrative Hearings for the State of California ("OAH"), alleging that the Institutional Defendants denied Plaintiff a free appropriate public education under the Individuals with Disabilities Education Act. On March 28, 2011, OAH issued a Decision by Settlement, ordering the parties to implement a settlement agreement. On December 14, 2016, Plaintiff filed the instant action.

STANDARD

On a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), all allegations of material fact must be accepted as true and construed in the light most favorable to the nonmoving party. Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38 (9th Cir. 1996). Rule 8(a)(2) "requires only 'a short and plain statement of the claim showing that the pleader is entitled to relief' in order to 'give the defendant fair notice of what the ... claim is and the grounds upon which it rests.' " Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) ). A complaint attacked by a Rule 12(b)(6) motion to dismiss does not require detailed factual allegations. However, "a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id. (citation omitted). A court is not required to accept as true a "legal conclusion couched as a factual allegation." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955 ). "Factual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (citing 5 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1216 (3d ed. 2004) (stating that the pleading must contain something more *1209than "a statement of facts that merely creates a suspicion [of] a legally cognizable right of action") ).

Furthermore, "Rule 8(a)(2) ... requires a showing, rather than a blanket assertion, of entitlement to relief."

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Foman v. Davis
371 U.S. 178 (Supreme Court, 1962)
Scheuer v. Rhodes
416 U.S. 232 (Supreme Court, 1974)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Armijo Ex Rel. Chavez v. Wagon Mound Public Schools
159 F.3d 1253 (Tenth Circuit, 1998)
Patel Ex Rel. A.H. v. Kent School District
648 F.3d 965 (Ninth Circuit, 2011)
Kennedy v. City of Ridgefield
439 F.3d 1055 (Ninth Circuit, 2006)
HENRY A. v. Willden
678 F.3d 991 (Ninth Circuit, 2012)
Intri-Plex Technologies, Inc. v. Crest Group, Inc.
499 F.3d 1048 (Ninth Circuit, 2007)
Sloane v. Kanawha County Sheriff Department
342 F. Supp. 2d 545 (S.D. West Virginia, 2004)
Wendy Pauluk v. Glenn Savage
836 F.3d 1117 (Ninth Circuit, 2016)
Munger v. City of Glasgow Police Department
227 F.3d 1082 (Ninth Circuit, 2000)
Jeffers v. Gomez
267 F.3d 895 (Ninth Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
316 F. Supp. 3d 1204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/at-v-dry-creek-joint-elementary-sch-dist-caed-2018.