Gray v. Great Valley School District

102 F. Supp. 3d 671, 2015 U.S. Dist. LEXIS 45086, 2015 WL 1566656
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 6, 2015
DocketCivil Action No. 14-5659
StatusPublished
Cited by10 cases

This text of 102 F. Supp. 3d 671 (Gray v. Great Valley School District) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. Great Valley School District, 102 F. Supp. 3d 671, 2015 U.S. Dist. LEXIS 45086, 2015 WL 1566656 (E.D. Pa. 2015).

Opinion

MEMORANDUM

DuBOIS, District Judge.

I. INTRODUCTION

This is a civil rights case in which plaintiff Marykate Gray alleges that, while a minor student at Great Valley High School, she was subjected to a strip search by defendants in violation of her rights under the United States and Pennsylvania Constitutions. Specifically, plaintiff has asserted claims against defendants under 42 U.S.C. § 1983, and under Pennsylvania law for assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, false imprisonment, and civil conspiracy. Presently before the Court are two Motions to Dismiss: (1) the Partial Motion to Dismiss filed by defendants Great Valley School District, Great Valley High School, Alan Lonoconus, Ed.D, Dr. Dan Goffredo, Dr. Marshall Hoffritz, Betty Byrne, Michael Flick, and Meridith Bebee; and (2) the Motion to Dismiss filed by defendant Dr. Jane Trimble. For the reasons set forth below, both Motions are granted in part and denied in part.

II. BACKGROUND1

A. Factual Background

In the Complaint, plaintiff Marykate Gray — a sixteen-year old eleventh grade [677]*677student at Great Valley High School at all relevant times — avers the following facts: Prior to October 10, 2011, the date of the alleged strip search, she had been a victim of assault and subjected to harassment and bullying by unidentified students and staff members at Great Valley High School. (Compl. ¶¶ 15-16.) As a result, she suffered emotional, medical, and school-related problems. (Id. ¶7.) Some time thereafter, a meeting was held between defendants Meridith Bebee (a school counselor at Great Valley High School), Michael Flick (an assistant principal at Great Valley High School), and Dr. Jane Trimble (a student services coordinator and/or social worker at Great Valley High School), and plaintiff, and her mother, Regina Gray, in which all parties agreed that Trimble was not to have any contact or interaction with plaintiff without the express consent of plaintiffs parents (“no-contact agreement”). (Id. ¶¶ 9, 18.) Following these events, plaintiff began to improve on both a personal and academic level. (Id. ¶ 20.)

On October 10, 2011, plaintiff felt ill during gym class and went to the girls’ locker room in order to use the restroom. (Id. ¶¶ 20-21.) She entered a bathroom stall and broke an Ibuprofen pill in half, intending to swallow the pill using water from the sink. (Id. ¶ 21.) Plaintiffs gym teacher observed plaintiff through a crack in the stall and asked her if she was using drugs. (Id.) Plaintiff responded in the negative, and her gym teacher instructed her to go to her next class. (Id. ¶22.)

Plaintiffs gym teacher reported her observations to defendant Flick and another educator identified in the Complaint as Mr. Tornetta. (Id. ¶¶8, 28.) Subsequently, defendant Marshall Hoffritz, an assistant principal, “forcibly removed” plaintiff from class and brought her to his office where defendant Trimble was “waiting to confront [her].” (Id. ¶24.) Hoffritz searched plaintiffs back pack, while Trimble questioned plaintiff. (Id. ¶26.) Plaintiff denied possessing drugs, and Hoffritz did not find any contraband in her back pack. (Id. ¶ 27.) Trimble then “physically confronted [p]laintiff, walked around her and placed her hands deep into the pockets of [plaintiffs tight jeggings and fondled [plaintiffs buttocks and inner thighs while allegedly searching for contraband.” (Id.) Trimble then walked in-front of plaintiff and again “forcibly shoved her hands down to the bottom of the pockets and fondled [plaintiffs abdomen, upper thigh area and the area between her legs....” (Id.) Trimble did not find any contraband. (Id.)

Plaintiff explained to Hoffritz and Trimble that she was feeling ill and had taken an Ibuprofen pill, but they called her a “liar” and proceeded to “physically drag[ ]” her to the office of defendant Betty Byrne, the school nurse. (Id. ¶ 28.) Once there, Hoffritz left the room but remained in the immediate vicinity where he could see directly into Byrne’s office through the two large glass panels on the door. (Id. ¶ 29.) While inside Byrne’s office, Trimble ordered plaintiff to remove her bra. (Id.) Plaintiff, who was visibly upset, backed away from Trimble. (Id. ¶ 32.) Trimble followed, and again ordered plaintiff to remove her bra. (Id.) Plaintiff “crossed her arms over her chest,” and Trimble responded by grabbing plaintiffs wrists and “forcibly pullfing] apart” her arms. (Id.) Trimble then began to “forcibly pat down [p]laintiff s upper chest area and torso ... then moved her hands under [p]laintiff s brassiere and moved her hands back and forth ... in a circular motion [678]*678while ... fondling [plaintiffs breasts while searching underneath her top and under her bra:” (Id.) Byrne subjected plaintiff to an additional physical examination of her ears, eyes, nose, and mouth. (Id. 1134.) Neither Trimble nor Byrne found any contraband on plaintiff. (Id. ¶ 36.)

Plaintiffs parents were not contacted until after the above events occurred. (Id. ¶¶25, 30, 35.) Shortly thereafter, plaintiffs mother picked plaintiff up from school and took her to undergo a drug test, the results of which were negative. (Id. ¶ 37.)

B. Procedural History

On October 3, 2014, plaintiff filed suit in this Court against defendants Flick; Hoffritz; Byrne; Trimble; Bebee; Alan Lonoconus, Ed.D (the Superintendent of the Great Valley School District); Dr. Dan Goffredo (the Principal of Great Valley High School); Great Valley High School; and Great'Valley School District. Plaintiff ásserts - claims: against these defendants under 42 U.S.C. § 1983, and under Pennsylvania law for assault, battery, intentional infliction of emotional distress (“IIED”), negligent infliction of emotional distress (“NIED”), false imprisonment, and civil conspiracy.

On December 22, 2014, defendants Lonoconus, Goffredo, Hoffritz, Byrne, Flick, Bebee, Great Valley High School, and Great Valley School District filed a Partial Motion to Dismiss (“defendants’ Partial Motion to Dismiss”) in which they request that. the Court dismiss certain claims against them. On the same day, Trimble separately filed a Motion to , Dismiss (“Trimble’á Motion to Dismiss”) in which she .argues that plaintiffs claims against her should be dismissed in their entirety.

III. LEGAL STANDARD

Rule' 12(b)(6) of the Federal Rules of Civil Procedure provides that, in response to a pleading, a defense of “failure to state a claim upon which relief can be granted” may be raised by motion to dismiss. To survive a motion to dismiss, a civil plaintiff must allege facts that “raise a right to relief above the speculative level.” Victaulic Co. v. Tieman, 499 F.3d 227, 234 (3d Cir.2007) (quoting Bell Atl. Corp. v. Twombly,

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

Related

LANDRY v. WEST CAIN TOWNSHIP
E.D. Pennsylvania, 2025
R. Vasquez v. CO Dorta
Commonwealth Court of Pennsylvania, 2023
LEARY v. COOK
E.D. Pennsylvania, 2020
Luu v. Esterly
367 F. Supp. 3d 335 (E.D. Pennsylvania, 2019)
Williams ex rel. Williams v. Fulton County School District
181 F. Supp. 3d 1089 (N.D. Georgia, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
102 F. Supp. 3d 671, 2015 U.S. Dist. LEXIS 45086, 2015 WL 1566656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-great-valley-school-district-paed-2015.