Wentworth v. Savage

CourtDistrict Court, S.D. California
DecidedMay 5, 2022
Docket3:21-cv-01930
StatusUnknown

This text of Wentworth v. Savage (Wentworth v. Savage) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wentworth v. Savage, (S.D. Cal. 2022).

Opinion

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 DAWN WENTWORTH, et al., Case Nos. 21-cv-01926-BAS-AGS 13 21-cv-01927-BAS-AGS Plaintiffs, 21-cv-01928-BAS-AGS 14 21-cv-01929-BAS-AGS 21-cv-01930-BAS-AGS 15 v. 21-cv-01931-BAS-AGS 21-cv-01932-BAS-AGS 16 CALIFORNIA CONNECTIONS ACADEMY, ORDER DISMISSING ACTIONS 17 WITHOUT PREJUDICE Defendant. 18

19 AND CONSOLIDATED CASES 20 21 22 I. Background 23 On April 16, 2021, Ms. Dawn Wentworth, on her own behalf and on behalf of her 24 two children, filed 74 complaints in this federal district court. Many of these complaints 25 were duplicative, suing the same defendants with the same allegations. The Court issued 26 an order consolidating most of the cases and later dismissed them. (No. 21-cv-00757-BAS- 27 AGS, Electronic Case Filing (“ECF”) No. 5.) 28 1 In November 2021, Ms. Wentworth filed more than a dozen additional lawsuits, 2 including the seven matters against different defendants consolidated here. These seven 3 lawsuits appear to involve different events than the cases mentioned above. These actions 4 all include allegations involving a racial slur during an online school gym class. 5 Previously, while consolidating the cases, the Court granted Ms. Wentworth and her son’s 6 Motions to Proceed In Forma Pauperis (“IFP”) but denied the Motions for Appointment 7 of Counsel. (ECF No. 5.) For the reasons explained below, the Court dismisses the case 8 against California Connections Academy because Ms. Wentworth cannot bring this lawsuit 9 on her minor son’s behalf without the assistance of an attorney. The Court also dismisses 10 the cases against the individual defendants. 11 II. Allegations 12 The Complaints list separate defendants on the first page, but the documents contain 13 the same allegations and requests for relief. Defendants are: (1) California Connections 14 Academy; (2) Elaine Pavlich; (3) Jennifer Conley; (4) Heather Tamayo; (5) Dr. Richard 15 Savage; (6) Diana Rivas; and (7) Adam Pulsipher. The Court refers to California 16 Connections Academy as the “School,” and the Court will refer to the remaining 17 defendants as the “Individual Defendants.” 18 The Complaints allege that “during [an] online gym class a student was allowed to 19 enter and sing the word ‘NIGGER’ on two separate occasions during the weeks of 9/13/21 20 through 9/24/21.” (Compl. 2.) Ms. Wentworth’s minor son, Y.A.W., presumably attended 21 this class at the School. (See id.; see also IFP Motion (noting Y.A.W. is thirteen years 22 old).) The Complaints sue the School under Title VI of the Civil Rights Act of 1964 for 23 this incident. And aside from wanting to hold the School liable, the Complaints allege the 24 Individual Defendants are to blame because they either hold positions of responsibility at 25 the School or failed to take corrective action. (See id.) Plaintiffs ask for various relief, 26 including $1,000,000 “for each Plaintiff listed,” “suspension of all federal as well as state 27 funds,” and “termination of staff.” (Id. 3.) 28 1 III. Screening Standard 2 A complaint filed by a plaintiff proceeding IFP is subject to screening under 28 3 U.S.C. § 1915(e)(2). Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (per curiam). 4 This provision requires the court to review the complaint and dismiss the action if it: “(i) is 5 frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or 6 (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. 7 § 1915(e)(2). 8 To determine whether the action must be dismissed under the second ground—a 9 failure to state a claim—the court applies “the familiar standard of Federal Rule of Civil 10 Procedure 12(b)(6).” Rosati v. Igbinoso, 791 F.3d 1037, 1039 (9th Cir. 2015). Under this 11 standard, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a 12 claim to relief that is plausible on its face.’” Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 13 2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). “Determining whether a 14 complaint states a plausible claim for relief [is] . . . a context-specific task that requires the 15 reviewing court to draw on its judicial experience and common sense.” Iqbal, 556 U.S. at 16 679. The “mere possibility of misconduct” falls short of meeting this plausibility standard. 17 Id. 18 “When there are well-pleaded factual allegations, a court should assume their 19 veracity and then determine whether they plausibly give rise to an entitlement to relief.” 20 Iqbal, 556 U.S. at 679. Further, the court has an obligation where the plaintiff “is pro se, 21 particularly in civil rights cases, to construe the pleadings liberally and to afford the 22 [plaintiff] the benefit of any doubt.” Hebbe v. Pliler, 627 F.3d 338, 342 & n.7 (9th Cir. 23 2010) (quoting Bretz v. Kelman, 773 F.2d 1026, 1027 n.1 (9th Cir. 1985)). The court, 24 however, “may not supply essential elements of the claim that were not initially pled.” Ivey 25 v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982). Moreover, 26 “[v]ague and conclusory allegations of official participation in civil rights violations are 27 not sufficient.” Id. 28 1 If a pro se complaint fails to meet this standard, the court should not dismiss the 2 action “without leave to amend unless ‘it is absolutely clear that the deficiencies of the 3 complaint could not be cured by amendment.’” Rosati, 791 F.3d at 1039 4 (quoting Akhtar, 698 F.3d at 1212). 5 IV. Analysis 6 A. Title VI 7 Ms. Wentworth and Y.A.W. seek to bring a claim under Title VI of the Civil Rights 8 Act. This law provides that “[n]o person in the United States shall, on the ground of race, 9 color, or national origin, be excluded from participation in, be denied the benefits of, or be 10 subjected to discrimination under any program or activity receiving federal financial 11 assistance.” 42 U.S.C. § 2000d. The allegations here concern a potentially hostile school 12 environment. To bring this type of claim, a plaintiff must allege that (1) there is a racially 13 or otherwise hostile environment; (2) the school had notice of the problem; and (3) the 14 school failed to adequately redress the problem. Monteiro v. Tempe Union High School 15 Dist., 158 F.3d 1022, 1033 (9th Cir. 1998). 16 A hostile environment is one that is “so severe, pervasive, and objectively offensive, 17 and that so detracts from the victims’ educational experience, that the victims are 18 effectively denied equal access to an institution’s resources and opportunities.” See Davis 19 v. Monroe County Bd. of Educ., 526 U.S. 629

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