MORELLI v. ARMSTRONG SCHOOL DISTRICT

CourtDistrict Court, W.D. Pennsylvania
DecidedAugust 13, 2025
Docket2:24-cv-01028
StatusUnknown

This text of MORELLI v. ARMSTRONG SCHOOL DISTRICT (MORELLI v. ARMSTRONG SCHOOL DISTRICT) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MORELLI v. ARMSTRONG SCHOOL DISTRICT, (W.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

BAELLA MORELLI, JULIA MORELLI, ) JUSTIN MORELLI, MR. J.Y., MRS. L.Y., ) ) O.Y., a minor, by and through her parents, ) Mr. J.Y. and Mrs. L.Y.; ) ) Plaintiffs, ) Civil Action No. 24-1028 ) v. ) ) ARMSTRONG SCHOOL DISTRICT, ) DOUGLAS A. FLANDERS, ) )

Defendants. MEMORANDUM OPINION Plaintiffs Baella Morelli and O.Y., and their parents Julia Morelli, Justin Morelli, J.Y., and L.Y. filed claims under Title IX, 42 U.S.C. § 1983, and Pennsylvania law to address Defendant Armstrong School District’s (hereinafter “the School District”) alleged failure to prevent Defendant Douglas Flanders (“Mr. Flanders”)—a teacher and coach at the Junior-Senior High School where Ms. Morelli and O.Y. were students—from sexually harassing and assaulting Ms. Morelli and Ms. O.Y. during the 2022–23 academic year.1 In Plaintiffs’ First Amended Complaint (“FAC”), they seek declaratory relief, injunctive relief, and monetary damages from the Defendants. (Docket No. 24 at ¶¶ 229–46). Several motions are now pending before the Court: Mr. Flanders has filed a Motion to Dismiss under Rule 12(b)(6) (Docket No. 26), and a Motion to Dismiss Counts XI (Ms. O.Y. and her parents’ Substantive Due Process claim) and XIII (Ms. O.Y. and her parents’ Equal Protection claim) pursuant to Rule 12(b)(1) (Docket No. 28); and the School District has filed a Motion to Dismiss under Rule 12(b)(6) (Docket No. 29). For the reasons

1 Throughout this Memorandum Opinion the Court sometimes refers to Plaintiffs collectively as: “Plaintiffs,” meaning all four plaintiffs; “the student Plaintiffs,” meaning Ms. Morelli and Ms. O.Y.; and “the parent Plaintiffs,” meaning Ms. Morelli’s and Ms. O.Y.’s parents. explained herein, the Court will GRANT the School District’s Rule 12(b)(6) Motion, GRANT IN PART AND DENY IN PART Mr. Flanders’s Rule 12(b)(6) Motion, and DENY Mr. Flanders’s Rule 12(b)(1) motion. I. BACKGROUND2

Ms. Morelli and Ms. O.Y. were students at Armstrong Junior-Senior High School in the School District in the 2022–23 school year. Mr. Flanders was a mathematics teacher and sports coach at Armstrong Junior-Senior High School. (Docket No. 24 at ¶¶ 25-26). Plaintiffs allege that, as early as 2019, the School District received a sexual assault/harassment complaint(s) against Mr. Flanders, but that he nevertheless was permitted to continue his duties teaching and coaching. (Id. ¶ 28 (“Upon information and belief, Armstrong School District received its first sexual assault/harassment claim against Defendant Flanders in 2019.”)). Ms. Morelli and Ms. O.Y. allege that, during the 2022–23 school year, Mr. Flanders made “sexually suggestive” comments to them and to other female classmates. (Id. ¶ 30). One such comment he is alleged to have repeated is telling “female students in his class that they ‘knew what

he wanted’ for a gift.” (Id. ¶ 90). Plaintiffs do not specify in the pleadings any dates on which Mr. Flanders is alleged to have made such comments, how frequently he stated the same, nor to whom (other than to the student Plaintiffs and female students, generally). In addition to these alleged inappropriate comments, there are four key incidents of Mr. Flanders’s misconduct alleged in the FAC that give rise to Plaintiffs’ claims. First, Mr. Flanders is alleged to have “put his hand underneath O.Y.’s backpack and touched her buttocks while posing

2 At this stage of the case, the factual allegations set forth in the FAC must be taken as true and viewed in the light most favorable to Plaintiffs. Accordingly, the fact summary herein is drawn from the FAC, with all allegations drawn in the light most favorable to Ms. Morelli, Ms. O.Y., and their parents. Warren Gen. Hosp. v. Amgen Inc., 643 F.3d 77, 84 (3d Cir. 2011). for a photograph” in December 2022. (Id. ¶ 31). The following pring, a second incident took place—this time involving Ms. Morelli—when Mr. Flanders is alleged to have “approach[ed] her from behind, pressing his erect penis against her back, and rubbing her shoulders.” (Id. ¶ 32). The third incident is alleged to have occurred around the same time (April 2023), again involving Ms.

Morelli, when Mr. Flanders “plac[ed] his erect penis on Ms. Morelli’s classroom desk within her view while walking around the classroom to hand papers out to students.” (Id. ¶ 33). In the fourth alleged incident, Mr. Flanders is alleged to have “touched O.Y. on the inner thigh and pulled her towards him at his desk.” (Id. ¶ 34). Throughout “this period”—by which Plaintiffs appear to refer to December 2022 through April 2023—Plaintiffs allege that Mr. Flanders “made numerous sexually suggestive, innuendo-filled, and otherwise inappropriate statements to Ms. Morelli, O.Y., and other female students.” (Id. ¶ 36). Ms. O.Y. told a teacher about both instances of alleged assaults that she experienced. (Id. ¶ 35). As a result, on April 21, 2023, Ms. O.Y. was called to the principal’s office to discuss the allegations. (Id. ¶¶ 35, 37). That day, Ms. Morelli told her mother than she was also being called

to the principal’s office to discuss Mr. Flanders’s conduct. (Id. ¶ 38). On the day following Ms. O.Y. and Ms. Morelli’s meetings with the principal, Mr. Flanders was removed from a baseball field on school property. (Id. ¶ 39). However, Mr. Flanders was thereafter allowed on school property in part because his girlfriend’s son was a student and, for a time, Mr. Flanders was permitted on school grounds as a stepparent to that child. (Id. ¶¶ 42, 44-45 (“In late April 2023, Defendant Armstrong School District allowed Defendant Flanders to attend District baseball games” and a school board member explained to Mr. J.Y. and Mrs. L.Y. that “Defendant Flanders was allowed on District property as a parent[.]”)). On May 8, 2023, the Armstrong School Board approved a retirement application filed by Mr. Flanders, indicating that his retirement would be effective May 25, 2023. (Id. ¶ 46). In mid- May (May 15th), Ms. O.Y. saw Mr. Flanders in a school parking lot, and was upset by the encounter. (Id. ¶ 47). On May 17, 2023, Ms. O.Y. received a text from a friend indicating that

Mr. Flanders watched a private volleyball clinic that was majority female with only two male students participating (one of them being Mr. Flanders’s stepson). (Id. ¶ 48). Child & Youth Services (“CYS”) had become involved in the events and allegations underlying this suit in April 2023, and CYS eventually required the School District to bar Mr. Flanders from district property. (Id. ¶¶ 43, 52). It is believed that Mr. Flanders’s exit interview was scheduled to take place on district property on May 18, 2023. (Id. ¶ 53). In June 2023, Mr. Flanders was charged by the Armstrong County District Attorney’s Office with indecent assault without consent of another and harassment. (Id. ¶ 56). Thereafter, to address all that had transpired, the parent Plaintiffs had a meeting with the School District superintendent and assistant superintendent on July 27, 2023, at which time the parent Plaintiffs

requested a number of policy changes. (Id. ¶¶ 57-60). After the events of 2022–23, Ms. Morelli went on to graduate in 2024. Ms. O.Y. left Armstrong Junior-Senior High School to attend the Commonwealth Charter Academy Cyber Program after an incident on the first day of the fall semester of 2023 when a different male teacher “‘manspread’ himself in front of a classroom … while discussing in pejorative terms the reports that led to Defendant Flanders’ retirement.” (Id. ¶ 62). Plaintiffs allege that such behavior by another teacher in the aftermath of Mr.

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MORELLI v. ARMSTRONG SCHOOL DISTRICT, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morelli-v-armstrong-school-district-pawd-2025.