Marino v. Chester Union Free School District

859 F. Supp. 2d 566, 2012 WL 882517, 2012 U.S. Dist. LEXIS 42235
CourtDistrict Court, S.D. New York
DecidedMarch 14, 2012
DocketNos. 09 Civ. 9676 (JFK), 09 Civ. 9677 (JFK)
StatusPublished
Cited by9 cases

This text of 859 F. Supp. 2d 566 (Marino v. Chester Union Free School District) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marino v. Chester Union Free School District, 859 F. Supp. 2d 566, 2012 WL 882517, 2012 U.S. Dist. LEXIS 42235 (S.D.N.Y. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

JOHN F. KEENAN, District Judge.

Before the Court is Defendant Chester Union Free School District’s (“School District” or “Defendant”) motion for summary judgment on Plaintiff Mary Marino (“Marino”) and Plaintiff Theresa Decker’s (“Decker”) (collectively, “Plaintiffs”) claims under 42 U.S.C. § 1983 and Article 1 §§ 6, 12 of the New York Constitution, which they have brought individually and on behalf of their minor children. For the reasons that follow, the motion is granted in part and denied in part.

I. Background

All facts are taken from the parties’ Rule 56.1 statements, unless otherwise noted. At the time of the events at issue in this litigation, Marino’s son, A.M., was thirteen-years-old and Decker’s daughter, E.J., was fourteen-years-old. (Def.’s Rule 56.1 Statement 12). Both were students at Chester Middle School, which is located within the School District. A.M. had received thirteen disciplinary infractions during the 2007-2008 school year and E.J. had received twelve infractions. Most of these infractions involved disruptive behavior and tardiness, and neither student had been cited for possession of illegal substances. (Id. ¶¶ 26-27).

On April 7, 2008, Ernest Jackson (“Jackson”), who was then middle school principal, learned from a hall monitor that A.M. and E.J. may have been smoking cigarettes in the hallway of the school, in contravention of school rules. (Jackson Depo. at 78). A.M. and E.J. were summoned to the Nurse’s office separately, where Jackson and the school nurse, Carol Schug (“Schug”), conducted an investigation. (Def.’s Rule 56.1 Statement ¶¶ 16-13).

A.M. arrived at Schug’s office first and was escorted into the examination room. According to Jackson, he instructed A.M. only “to empty his pockets” and take off his shoes. After that, Jackson states, A.M. voluntarily lifted his shirt. Marino states, however, that her son was directed to empty his pockets, remove his pants, shirt, undershirt, socks, shoes, and to shake out his underwear. (Id. ¶ 20).

Next, E.J. reported to the Nurse’s office for the investigation. (Id. at 92). Jackson instructed Schug to model her search of E.J. after Jackson’s search of A.M. (Schug Depo. at 25). According to Schug, Jackson chose not to be present for the search of E.J. because he believed it was more appropriate for a woman to conduct the search. (Id.). Schug states that she asked E.J. to empty her pockets and remove her shoes. Decker, however, states that her daughter was directed to remove her shoes, lift each pant leg, lift her shirt, and shake out her bra while Schug looked up E.J.’s shirt.

[568]*568Plaintiffs claim that the School District, through its agents and employees, improperly strip searched their children. As a result, Plaintiffs allege, their children suffered “humiliation and embarrassment, emotional distress, violation of the bodies of the Plaintiffs, as well as violation of their civil rights and liberties.” (Compl. ¶¶ 4, 5, 6). Plaintiffs have also brought suit under § 1983 as individuals, based upon their children’s emotional distress.

II. Discussion

A. Summary Judgment Standard

Summary judgment is warranted when “there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A genuine issue exists for summary judgment purposes “where the evidence is such that a reasonable jury could decide in the nonmovant’s favor.” Beyer v. County of Nassau, 524 F.3d 160, 163 (2d Cir.2008) (citing Guilbert v. Gardner, 480 F.3d 140, 145 (2d Cir.2007)). Thus, when determining whether such factual issues exist, the Court must “construe the facts in the light most favorable to the nonmoving party and must resolve all ambiguities and draw all reasonable inferences against the movant.” Dallas Aerospace, Inc. v. CIS Air Corp., 352 F.3d 775, 780 (2d Cir.2003). Summary judgment is appropriate when the non-moving party has no evidentiary support for an essential element for which it bears the burden of proof. Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. “The mere existence of a scintilla of evidence in support of the [nonmovant’s] position will be insufficient; there must be evidence on which the jury could reasonably find for the [nonmovant].” Hayut v. State Univ. of N.Y., 352 F.3d 733, 743 (2d Cir.2003) (alterations in original).

The parties’ allegations demonstrate that there are strong disputes over the material facts, most importantly, whether the students were strip searched. As such, Defendant’s motion for summary judgment rests largely on legal, as opposed to factual, grounds. First, Defendant argues that Decker and Marino cannot assert claims as individuals. Second, Defendant argues that the § 1983 claims Plaintiffs have asserted on behalf of their children are improper because the School District cannot be held liable for the acts of the principal and school nurse. Third, Defendant states that the Court should decline to exercise supplemental jurisdiction over Plaintiffs’ state claim, or, in the alternative, grant summary judgment because the Plaintiffs did not satisfy the state’s notice requirement.

B. § 1983 Claims

i. Plaintiffs in Their Individual Capacity

It is well-settled that standing for the purpose of a § 1983 claim is not conferred solely on the basis of harm to plaintiffs family member. See T.C. v. Valley Cent. Sch. Dist., 777 F.Supp.2d 577, 589 (S.D.N.Y.2011). Instead, where minor children are the real parties in interest, parents appropriately bring litigation on their children’s behalf. See Collins v. West Hartford Police Dep’t, 324 Fed.Appx. 137, 139 (2d Cir.2009); Bliss v. Putnam Valley Cent. Sch. Dist., No. 06 Civ. 15509, 2011 WL 1079944, at *3 (S.D.N.Y. Mar. 24, 2011); Harrison v. Harlem Hosp., No. 05 Civ. 8271, 2007 WL 2822231, at *4 (S.D.N.Y. Sept. 28, 2007); Morgan v. City of New York, 166 F.Supp.2d 817, 820 (S.D.N.Y.2001) (dismissing mother’s § 1983 claims because she “lacks standing to bring individual claims under § 1983 [569]*569based upon a deprivation of her daughter’s constitutional rights”). Therefore, Plaintiffs individual claims, which are based only on the alleged strip search of their children, warrant summary judgment, leaving only the claims they bring in their representative capacities.

ii. School District’s Liability

A municipality and its agencies may not be held liable for the actions of its employees under a broad respondeat superior

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Bluebook (online)
859 F. Supp. 2d 566, 2012 WL 882517, 2012 U.S. Dist. LEXIS 42235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marino-v-chester-union-free-school-district-nysd-2012.