Conley v. Doe

14 Mass. L. Rptr. 59
CourtMassachusetts Superior Court
DecidedOctober 1, 2001
DocketNo. 011569F
StatusPublished

This text of 14 Mass. L. Rptr. 59 (Conley v. Doe) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conley v. Doe, 14 Mass. L. Rptr. 59 (Mass. Ct. App. 2001).

Opinion

Gants, J.

The plaintiff, Mary Conley (“Ms. Conley”), is a sixth grade teacher at a suburban middle school in the Boston metropolitan area. The defendant John Doe (“John”) was a sixth grade student in her English class and homeroom last school year. According to her Complaint, on Friday, January 12, 2001, in study hall, she saw John writing on a piece of paper with a black marker and observed that he had written the words, “People I Want to Kill,” across the top of the paper. No names had been written on the paper. Ms. Conley confiscated the paper and brought John to the school office, informing school authorities of what she had found.

On Wednesday, January 17, Ms. Conley learned that school authorities had discovered on January 12 a second piece of paper that had been written by John and that also was entitled, “People I Want to Kill,” but this paper included the names of nine people, including Ms. Conley. This second piece of paper was written less neatly than the piece of paper that Ms. Conley had found. Therefore, she inferred that John was either re-writing this first piece of paper onto a new page when she discovered him in study hall, or was seeking to add more names to the list, since he had run out of room on the second piece of paper. When Ms. Conley learned of the piece of paper that included her name on January 17, she left the school building and is “deathly afraid” of returning.

At roughly 1:30 p.m. on January 19, 2001, school officials met with John’s parents, James Doe and Jane Moe (“John’s parents” or “the parents”), telling them that John could not return to school until, among other things, he had completed a psychological evaluation. Early that same evening, one of John’s parents [60]*60accompanied John to school before a school dance and delivered to a school official what the parent contended was a full and complete psychological evaluation of John, as had been required by the school. Having received that evaluation, the school allowed John to attend the school dance that evening. Ms. Conley contends that this purported psychological evaluation could not have been a genuine full and complete psychological evaluation of John, because it was produced in too short a time.2 She alleges that the psychological evaluation submitted to the school was a misleading and fraudulent document, having been prepared by one or both of John’s parents, or by another person who was under their control and supervision.3

Ms. Conley alleges in her Complaint that the school failed to take any meaningful disciplinary action against John and allowed him to return to school, even though he may pose a serious risk of harm. She further alleges that the school’s failure to take meaningful disciplinary action against John resulted from threats and intimidation by John’s parents, including the threat by John’s mother of a lawsuit if the school took strong disciplinary action or publicized what he had done.4

Ms. Conley alleges eight counts in her complaint:5

1. Intentional infliction of emotional distress against all defendants — John and John’s parents;
2. Assault against John;
3. Negligence against John;
4-7. Negligence against John’s parents;6 and
8. Civil conspiracy.

The defendants now move to dismiss all eight counts of the Complaint, contending that each fails to state a claim under Mass.R.Civ.P. 12(b)(6). After hearing, for the reasons stated below, the motion to dismiss the Complaint is ALLOWED.

DISCUSSION

When evaluating the sufficiency of a complaint pursuant to Mass.R.Civ.P. 12(b)(6), the court must accept as true the factual allegations of the complaint and all reasonable inferences favorable to the plaintiff which can be drawn from those allegations. Fairneny v. Savogran, 422 Mass. 469, 470 (1996); Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991). The issue is whether the facts alleged, generously construed in favor of the plaintiff, state a valid legal claim that would warrant relief on any theory of law. Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979). In considering the motion to dismiss, this Court will consider each alleged cause of action, although (for reasons that will become clear) not in the order alleged.

Count 2 — Assault

For John to have committed the tort of assault, he must have engaged in conduct that put Ms. Conley in reasonable apprehension of an imminent harmful or offensive contact with her person. Commonwealth v. Delgado, 367 Mass. 432, 437 n.3 (1975), quoting Restatement 2d: Torts, §31(1965). Words alone cannot constitute the tort of assault “unless together with other acts or circumstances they put the other in reasonable apprehension of an imminent harmful or offensive contact with his person.” Id.

Here, the Complaint alleges nothing more than words written on two sheets of paper. These words cannot constitute even a criminal threat unless they were communicated by John to Ms. Conley. See Commonwealth v. Milo M., 433 Mass. 149, 158 (2001). The Complaint does not allege that John communicated any words, orally or in writing, to Ms. Conley; she observed John writing the first piece of paper (which did not contain her name) in study hall and was informed by school authorities that the second piece of paper (which did contain her name) had been found. Nor is there any other conduct alleged, apart from the mere writing of these words, that put Ms. Conley in reasonable apprehension of an imminent harmful or offensive contact with John. Mere uncommunicated words, no matter how frightening, are not sufficient to constitute a tortious assault.

This Court is mindful that Ms. Conley alleges that she feared that John would carry out these words, and the Court respects that she is sincere in her fear. But the fact remains that a sixth grader does not assault a teacher by privately writing that he wants to kill her. Otherwise, a student writing such thoughts at home in his private journal would be assaulting a teacher once she somehow obtains a copy of the journal entry. At the very least, the student must in some fashion act to communicate that intention to the teacher before the expression of these private thoughts becomes a tortious assault. Here, since the Complaint makes clear that John did not act to communicate those thoughts to Ms. Conley, she has failed to state a claim for assault.

Count 1 — Intentional Infliction of Emotional Distress

“To prevail on [her] claim for intentional infliction of emotional distress, the plaintiff must establish ‘(1) that the defendant intended to inflict emotional distress, or knew or should have known that emotional distress was the likely result of his conduct, but also (2) that the defendant’s conduct was extreme and outrageous, beyond all possible bounds of decency and utterly intolerable in a civilized community, (3) the actions of the defendant were the cause of the plaintiffs distress, and (4) the emotional distress suffered by the plaintiff was severe and of such a nature that no reasonable person could be expected to endure it.’ ” Tetrault v. Mahoney, Hawkes & Goldings, 425 Mass. 456, 466 (1997), quoting Payton v. Abbott Labs, 386 Mass. 540, 555 (1982).

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Related

Whitinsville Plaza, Inc. v. Kotseas
390 N.E.2d 243 (Massachusetts Supreme Judicial Court, 1979)
Alioto v. Marnell
520 N.E.2d 1284 (Massachusetts Supreme Judicial Court, 1988)
Commonwealth v. Delgado
326 N.E.2d 716 (Massachusetts Supreme Judicial Court, 1975)
Payton v. Abbott Labs
437 N.E.2d 171 (Massachusetts Supreme Judicial Court, 1982)
Eyal v. Helen Broadcasting Corp.
583 N.E.2d 228 (Massachusetts Supreme Judicial Court, 1991)
Fairneny v. Savogran Co.
422 Mass. 469 (Massachusetts Supreme Judicial Court, 1996)
Urman v. South Boston Savings Bank
424 Mass. 165 (Massachusetts Supreme Judicial Court, 1997)
Tetrault v. Mahoney
425 Mass. 456 (Massachusetts Supreme Judicial Court, 1997)
Migliori v. Airborne Freight Corp.
690 N.E.2d 413 (Massachusetts Supreme Judicial Court, 1998)
Commonwealth v. Milo M.
740 N.E.2d 967 (Massachusetts Supreme Judicial Court, 2001)
Kurker v. Hell
689 N.E.2d 833 (Massachusetts Appeals Court, 1998)

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Bluebook (online)
14 Mass. L. Rptr. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conley-v-doe-masssuperct-2001.