K.C. v. Bd. of Educ. of Marshall Cnty. Sch.

306 F. Supp. 3d 970
CourtDistrict Court, W.D. Kentucky
DecidedJanuary 29, 2018
DocketCIVIL ACTION NO. 5:16–CV–00136–TBR
StatusPublished
Cited by4 cases

This text of 306 F. Supp. 3d 970 (K.C. v. Bd. of Educ. of Marshall Cnty. Sch.) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
K.C. v. Bd. of Educ. of Marshall Cnty. Sch., 306 F. Supp. 3d 970 (W.D. Ky. 2018).

Opinion

Thomas B. Russell, Senior Judge

This matter is before the Court on Defendant Marshall County Board of Education's motion for summary judgment, [DN 21.] Plaintiff K.C., by and through his parents T.C. and K.C., responded to Defendant's motion, [DN 22], and Defendant replied, [DN 25.] Fully briefed, this matter is now ripe for consideration. For the reasons discussed below, Defendant's motion for summary judgment is GRANTED . The Court will enter a separate Order and Judgment consistent with this Memorandum Opinion.

BACKGROUND

Plaintiff, K.C., is a minor child with cerebral palsy. [DN 1 at 3 (Complaint).] K.C.'s condition renders him unable to communicate verbally and requires that he receive his nutrition through a gastronomy tube in his stomach. [Id. ] At the times relevant to this complaint, K.C. attended Central Elementary, a Marshall County public school. [Id. ] During the 2015-2016 school year, K.C. was placed in a "functional mental disability" classroom in which he was taught by a special education teacher, Crystal Teckenbrock. [Id. ; DN 21-1 at 1.] Near the end of April 2016, K.C.'s mother, T.C., "received a report from a mother of a classmate ... that KC was being abused by" Teckenbrock. [DN 21-4 at 6 (T.C. Deposition).] The classmate's mother, Heather Lane, informed T.C. that her child "had c[o]me home upset and kept telling her that ... the teacher, Ms. Crystal, is ... being mean to KC and that she feels really bad for him." [Id. at 6-7.] In detail, T.C. testified that Lane told her that Lane's child "said that [Teckenbrock is] mean. She yells at him. She gets in his face. He sits in timeout for long periods of time ... She yanks him and is very rough with him." [Id. at 8.]

Not long after her phone call from Lane, on approximately April 29, 2016, T.C. and K.C.'s father, whose initials are also K.C., spoke with Joanna Cash, a classroom aide in K.C.'s classroom with Teckenbrock in the parking lot of a Cracker Barrel. [Id. at 14-15.] During that conversation, T.C. claims that Cash told her that she "[wa]s tired of crying herself to sleep because she's witnessed Ms. Crystal abusing K.C." [Id. at 15.] "She witnessed ... her pull his hair, verbally screaming at him, in his face," and "him being in timeouts for lengthy amount[s] of time," sometimes for hours at a time. [Id. at 15-16.] T.C. testified that, during their meeting, Cash provided her with a "typed letter of concerns" with items for T.C. "to check into that [Cash] had concerns about." [DN 22-4 at 7 (T.C. Deposition).] K.C.'s parents recorded their conversation with Cash. [

*974DN 22-4 (Transcript of Conversation); DN 22-5 (K.C. Deposition).] Following these events, K.C.'s parents removed him from school for the remainder of the school year. [DN 22-8 (T.C. Declaration).]

On May 1, 2016, K.C.'s parents went to the Marshall County Sherriff's Office to report the alleged abuse of K.C. occurring in Teckenbrock's classroom. [DN 22-4 at 5.] The parties agree that May 1, 2016 "was the first time [K.C.'s parents] reported any alleged mistreatment of KC within the Marshall County School District to anyone." [Id. ] K.C.'s father testified that he played the recording of his and T.C.'s conversation with Cash at the Sherriff's office. [DN 22-5 at 40.]

Stephen Flatt, the Director of Special Education at Marshall County Schools, testified that he found out about the allegations against Teckenbrock when he received a call from Pat Gold, the Interim Principal at Central Elementary at the time. [DN 22-7 at 11 (Flatt Deposition).] Flatt testified that Gold indicated that she had received a call from the Sherriff's Department regarding allegations of abuse of K.C., and that the Department would be conducting an investigation. [Id. ] Ray Chumbler, the "school resource officer" ("SRO") was in charge of that investigation. [Id. at 11-12.] An SRO is "a joint partnership between [Marshall County Schools] and the Marshall County Sherriff's Department." [DN 22-6 at 15 (Lovett Deposition).] At Interim Principal Gold's request, Flatt sat in on each interview Officer Chumbler conducted. [DN 22-7 at 13-15.] Officer Chumbler interviewed Jennifer Parker1 , Joanna Cash, and Crystal Teckenbrock. [Id. at 15.] Officer Chumbler's questions were "[t]rying to find out if they had witnessed or seen anything in regards to abuse or neglect or the treatment of KC." [Id. at 17.] According to Flatt, Jennifer Parker stated that she "had not seen anything that she would consider to be abuse or neglect or mistreatment." [Id. ]

Flatt testified that, during Cash's interview, she explained that she once heard a "swatting" noise coming from the room in which Teckenbrock was changing K.C.'s clothes, but that she did not know who was doing the swatting. [Id. at 19-22.] Flat also explained that Cash referenced a hair-pulling incident, but explained that Teckenbrock was merely trying to pull K.C.'s hands out of his hair to prevent him from pulling his own hair. [Id. at 22.] Flatt could not recall Cash stating that she had witnessed Teckenbrock scream in K.C.'s face or leave K.C. in time out for extended periods. [Id. at 22-24.] However, Cash testified that, during her interview with Officer Chumbler, she did tell him that she had seen Teckenbrock pull K.C.'s hair, scream in his face, and that she heard her spank him. [DN 22-1 at 32.] However, Cash testified that she did not prepare the document that she gave to K.C.'s parents at Cracker Barrel which had a list of questions for K.C.'s parents to check into. [Id. at 17.] Cash was unable to say who did prepare it, however. [Id. ]

By declaration, K.C.'s father averred that he called Officer Chumbler on May 2, 2016 to offer him the recording of the conversation with Cash and the list of questions and answers that Cash provided to them at Cracker Barrel. [DN 22-9] (K.C. Declaration). According to K.C.'s father, "[h]e said it was not needed because he already made his conclusions of no abuse. He said it sounded like an 'unruly' situation to him and he was finished with his investigation." [Id. ]

*975Flatt testified that, at the conclusion of the interviews, Officer Chumbler informed him that he did not see "any way to ... prove that this really took place based on ... what I found and what they've said ... they can't make a case on this." [DN 22-7 at 29.] "He basically said, you know, he can't prove it happened." [Id. ] Flatt, in turn, informed Superintendent Trent Lovett that Officer Chumbler "found no incidents of wrongdoing." [DN 22-6 at 14 (Lovett Deposition).]

After Officer Chumbler's investigation, Flatt and Lovett had a meeting with T.C., Heather Lane, and another parent named Amber Harris on May 5, 2016. [Id. at 16, 26.] At that meeting, the parents provided Lovett with a bulleted list of concerns, including "abuse and neglect" the "[d]aily log not even being looked at by teacher," and "[t]imeout for up to four hours." [Id. at 18-20.] Lovett testified that the parents told him Teckenbrock frequently discussed T.C.'s personal life and called her "monster" in front of the students. [Id. at 21.] At the conclusion of the meeting, Lovett informed the parents that the school would further investigate the situation. [Id. at 22.]

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
306 F. Supp. 3d 970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kc-v-bd-of-educ-of-marshall-cnty-sch-kywd-2018.