D.M. v. Bd. of Educ. Toledo Pub. Sch.

359 F. Supp. 3d 537
CourtDistrict Court, N.D. Ohio
DecidedJanuary 18, 2019
DocketCase No. 3:18CV1307
StatusPublished
Cited by2 cases

This text of 359 F. Supp. 3d 537 (D.M. v. Bd. of Educ. Toledo Pub. Sch.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D.M. v. Bd. of Educ. Toledo Pub. Sch., 359 F. Supp. 3d 537 (N.D. Ohio 2019).

Opinion

James G. Carr, Sr. U.S. District Judge

This lawsuit arises out of an incident at Robison Achievement Center (Robinson), a school in the Toledo Public School Disrict (TPS) for students with disabilities or special needs. The student, D.M., and his legal guardian, Laura Manees, sue the TPS Board and three of its employees assigned to Robinson: Principal David Manley, teacher Valerie Powell, and classroom aide Sonja Austin. The suit arises from a classroom incident involving physical restraint of D.M. by the three individual defendants. Plaintiffs allege that the defendants used unnecessary force in restraining D.M., causing physical injuries for which they seek damages.

Plaintiffs assert discrimination claims against all the defendants under the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. , and the Rehabilitation Act of 1973, 29 U.S.C. §§ 701, et seq. Plaintiffs also claim that defendants violated D.M.'s constitutional rights under 42 U.S.C. § 1983 by: 1) unlawfully seizing D.M. in violation of the Fourth Amendment; 2) depriving him of his liberty without due process of law; and 3) denying him equal protection under the law in violation of the Fourteenth Amendment. Finally, plaintiffs bring state common law claims of assault, battery, and intentional infliction of emotional distress (IIED) against Manley, Austin, and Powell.

Pending is defendants' motion to dismiss (Doc. 6). Contending that plaintiffs' claims properly arise, if at all, under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400, et seq. , defendants seek dismissal for failure to exhaust administrative remedies, as required by 20 U.S.C. § 1415. Defendants move to dismiss plaintiffs' first amended complaint for failure to state a claim and for lack of subject matter jurisdiction over the state common law claims. (Doc. 6).

Jurisdiction over the federal claims is proper under 28 U.S.C. § 1331. Jurisdiction over the state law claims is proper, to the extent the federal claims are viable, under 26 U.S.C. § 1367.

For the reasons that follow, I grant the motion in part and deny it in part, with leave to plaintiffs to file an amended complaint.

Background

D.M. began attending Robinson in kindergarten, and, at all relevant times, he *540was on an Individual Education Plan (IEP). (Doc. 5, at 4, ¶ 13). During the Summer of 2016, D.M. attended a Robinson-run supplemental summer reading program. (Doc. 5 at 4, ¶ 15). On June 10, 2016, Manees received a phone call from a guidance counselor, who asked Manees to pick up D.M. from school because staff could not calm him.

When Manees, accompanied by an adult son, arrived at the school, Manees saw Manley, Powell, and Austin, restraining D.M. face down on the floor. (See id. at 7, ¶ 29). Manley held down D.M.'s neck with one hand, while twisting D.M.'s arm behind his back with the other. Meanwhile, Manley used his body weight to keep D.M's upper body on the floor. (Id. at 5, ¶ 18). Powell, with Austin's help, held D.M. by his legs. (Id. at 5, ¶ 19). Manley, Powell, and Austin released D.M. when Manees shrieked at this scene. (Id. at 5, ¶ 20).

D.M.'s injuries included scratches and bruising on his face and neck, abrasions on his knee and elbow, and a hematoma over his left eye. He received emergency room treatment for his injuries. (See id. at 5-6, ¶¶ 21-24).

Manees did not receive a report of any kind from Robinson about the incident. (Id. at 6, ¶ 25). D.M.'s IEP does not address whether Robinson personnel may use physical restraint on him. (Id. at 6, ¶ 27).

On or about September 16, 2016, Manees filed a complaint with the Ohio Department of Education, Office of Exceptional Children (OEC), about the incident. The OEC informed her that the matter was outside the scope of the office's responsibilities. (Id. at 8, ¶¶ 33-34). Thereafter, on or about November 18, 2016, Manees filed a complaint about the incident with the U.S. Department of Education, Office of Civil Rights. As of the date when Manees filed her pending amended complaint, that investigation remains pending. (Id. at 8, ¶ 35).

Standard of Review

Defendants' motion depends, to the extent it asserts a lack of subject matter jurisdiction, on whether plaintiffs have stated a claim for which relief can be granted. That is, the parties agree that, if I dismiss the current federal claims for failure to state a claim, I should decline to exercise supplemental jurisdiction over the state common law claims. (Doc. 6 at 10-11; Doc. 7 at 15). I therefore begin my analysis with defendants' arguments pursuant to Fed. R. 12(b)(6).

To survive a motion to dismiss under that Rule, the amended complaint "must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). "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."

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Bluebook (online)
359 F. Supp. 3d 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dm-v-bd-of-educ-toledo-pub-sch-ohnd-2019.