Baumeister v. New Mexico Commissioin for the Blind, CIV. 05-1044 LCSACT.
| Decision Date | 20 March 2006 |
| Docket Number | No. CIV. 05-1044 LCSACT.,CIV. 05-1044 LCSACT. |
| Citation | 425 F.Supp.2d 1250 |
| Parties | Linda BAUMEISTER, et al., Plaintiffs, v. NEW MEXICO COMMISSION FOR THE BLIND, et al., Defendants. |
| Court | U.S. District Court — District of New Mexico |
James K. Gilman, L. Edward Glass, David G. Reynolds, Albuquerque, NM, for Plaintiffs.
Andrew S. Montgomery, Santa Fe, NM, Jeffrey J. Wechsler, New York City, for Defendants.
THIS MATTER comes before the Court on Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim, filed on January 17, 2006. (Doc. 40.) Pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73(b), the parties consented to have me serve as the presiding judge and enter final judgment. (See Docs. 27, 30.) After having meticulously considered the Motion, briefs, oral arguments, and applicable law, I find that the Motion should be GRANTED as more fully described herein.
Plaintiffs, all of whom have adult-onset blindness and are former students and residents of Defendant New Mexico Commission for the Blind Adult Orientation Center, filed their, original Complaint in state court on August 2, 2004, alleging various state and federal claims against twenty Defendants. (See Docs. 1 at 1-2; 38 at 3.) Defendants removed the case to federal court on September 30, 2005 (Doc. 1) and later filed two motions to dismiss: one for insufficient service of process (Doc. 3) and the other for lack of subject matter jurisdiction and failure to state a claim. (Doc. 5.) I filed a Memorandum Opinion and Order denying the motion to dismiss for insufficient service of process and allowed Plaintiffs to file an amended complaint; consequently, I denied the Defendants' second motion to dismiss as moot. (Doc. 37.)
Plaintiffs' First Amended Complaint ("Complaint") sets forth a number of allegations common to all claims. (Doc. 38 at 3-6.) These allegations include: 1) Defendants New Mexico Commission for the Blind ("CFTB") and New Mexico Commission for the Blind Adult Orientation Center ("AOC") failed to provide Plaintiffs with appropriate counseling services;1 2) CFTB/AOC failed to address, curb, or discipline the disrespectful and cruel behavior of their staff toward students; 3) CFTB/ AOC did not properly supervise or provide adequate training to staff or teachers nor did they require dormitory staff to attend all training sessions; 4) CFTB/AOC do not have provisions to adequately address language-challenged and non-English speaking students; 5) CFTB/AOC do not have protocols for training mobility instructors; 6) CFTB/AOC failed to maintain accurate or thorough records of students' stays at the AOC; 7) CFTB/AOC failed to hire qualified and trained teachers and staff; 8) CFTB/AOC maintained an unwritten custom or policy which permitted or condoned discrimination, mental, physical, and sexual abuse, social isolation, medical neglect, extortion, denial of access to visual handicap aids, deprivation of food and water, unreasonable search and seizure, and violations of Plaintiffs' privacy including interception of mail and telephone calls. (Id.)
Plaintiff Linda Baumeister's claims arise from three incidents. First, while being chaperoned by Defendant Lightfoot during "cane traveling class," Baumeister was accosted by a stranger. (Doc. 38 at 6.) Lightfoot failed to prevent the attack or assist Baumeister, and he refused to allow Baumeister to remove her sleep shades in order to protect herself with her limited vision. (Id.) Second, while attending a parade chaperoned by Defendant Bruselas, Baumeister injured her foot. (Id.) Bruselas left Baumeister sitting on a bench without food, water, or immediate medical treatment. (Id. at 6-7.) After Baumeister visited the hospital, she called Defendant Martinez for help getting back to the Center; Martinez advised Baumeister to get back to the Center on her own. (Id. at 7.) In a third incident, Martinez locked Baumeister out of the Center for forty-five minutes and later mocked her. (Id.) Baumeister reported the incident to Defendant Vigil, who accused Baumeister of being an instigator, a liar, and a cheat. (Id.) Baumeister asserts that Defendants CFTB and AOC failed to provide her with transportation, do not have a formal grievance procedure, do not have written policies and procedures for staff, and do not have a system for staff to document and report such incidents. (Id. at 7-8.)
From these incidents, Baumeister brings four2 claims: 1) As to Defendants Lightfoot, Vigil, Bruselas, and Martinez, for violations of 42 U.S.C. § 1983 for denial of due process "by failing to provide Plaintiff with education, training and orientation services, and by depriving Plaintiff of Plaintiff's property without due process ...." (Id. at 8.) 2) As to the same Defendants, for violations of § 1983 for bodily integrity and personal security by "subjecting Plaintiff to obvious cruelty [which] created a dangerous environment . ." (Id. at 9.) 3) As to the same Defendants, for violations of § 1983 for equal protection by treating Plaintiff "differently than other students at AOC who were similarly situated by failing to provide a safe environment, . . . failing to provide qualified and trained teachers and staff, failing to provide proper and adequate supervision, ... and failing to properly supervise and/or discipline staff . . . . " (Id. at 10.) 4) As to Defendants CFTB and AOC, for violations of section 504 of the Rehabilitation Act because the "actions and omissions of Defendants CFTB/AOC resulted in discrimination on the basis of disability, consisting of deprivation of educational opportunity, exclusion from educational and nonacademic opportunities, [and] placing Plaintiff in a dangerous environment with untrained and unqualified personnel ... " (Id. at 11.)
Plaintiff David Lopez, who suffers from seizures in addition to being blind, adds several allegations to the complaint: 1) Defendant McClarin made sexual advances toward Lopez on several occasions; 2) Defendant Martinez refused to help Lopez with necessary medications after Lopez had a seizure; 3) Defendant Flores regularly left Lopez alone and in dangerous situations during cane traveling classes; 4) Defendant Flores, who is also blind, could not assess situations wherein Lopez would have seizures after being forced to participate in class outside in extreme heat; and 5) AOC employees opened Lopez's mail, searched Lopez's room without cause, and improperly monitored Lopez's telephone calls. (Id. at 12-13.)
From these and the general allegations, Lopez brings the same four claims that Baumeister did. 1) Against Defendants McClarin, Martinez, and Flores, for violations of § 1983 for denial of due process. (Id. at 13.) 2) Against the same Defendants for violations of § 1983 for bodily integrity and personal security. (Id. at 14.) 3) Against the same Defendants for violations of § 1983 for equal protection. (Id. at 15.) 4) And against Defendants CFTB and AOC for violations of Section 504 of the Rehabilitation Act. (Id. at 16.)
Plaintiff Carla Perea adds these allegations to the Complaint: 1) Defendant Martinez routinely allowed strangers into Perea's student quarters; and 2) these strangers extorted $6,000 from Perea by threatening to "beat her up" if she did not pay them. (Id. at 17.) Like the first two Plaintiffs, Perea brings the same three § 1983 claims (for denial of due process, bodily integrity and personal security, and equal protection) against Defendant Martinez. (Id. at 18-20.) Likewise, Perea claims Defendants CFTB and AOC violated section 504 of the Rehabilitation Act. (Id. at 21.)
Plaintiff Victoria Lopez, who could speak and read only in Spanish, adds the following allegations: 1) after being injured during a cane traveling class chaperoned by Defendant Vigil, Lopez did not receive medical treatment or transportation to a hospital; 2) Defendant Bruselas mixed salsa into Lopez's dessert; 3) Lopez was required to sit in Defendant Lightfoot's computer classes; Lightfoot conducted the classes in English and disrespected Lopez in front of other students; 4) Lopez did not receive institutional documents in Spanish, nor did she get to use an interpreter; 5) Lopez's Individualized Plan of Instruction dated June 4, 2003 did not set forth goals or objectives; and 6) Defendant Coon openly insulted Lopez during cane traveling classes and was insensitive to Lopez's language barrier. (Id. at 22-23.) Lopez brings the same three § 1983 claims (for denial of due process, bodily integrity and personal security, and equal protection) against Defendants Coon, Lightfoot, Bruselas, and Vigil. (Id. at 23-26.) Lopez also claims Defendants CFTB and AOC violated section 504 of the Rehabilitation Act. (Id. at 26.)
Plaintiffs ask for compensatory and punitive damages against the individual defendants. (Id. at 27.) They also seek injunctive relief, attorneys' fees, and costs under 29 U.S.C. § 794a, 20 U.S.C. § 1415(i), and 42 U.S.C. § 1988, and for other relief as the Court deems appropriate.
Defendants move the Court to dismiss this case pursuant to FED. R. CIV. P. 12(b)(1) for lack of subject matter jurisdiction because the Plaintiffs failed to exhaust administrative remedies and pursuant to 12(b)(6) for failure to state a claim. See N.M. CODE R. § 6.101.2 (Weil 1998). "As this court must always satisfy itself of jurisdiction before addressing the merits of a claim, we turn to the exhaustion issue first." Cudjoe v. Independent Sch. Dist. No. 12, 297 F.3d 1058, 1063 (10th Cir.2002) (citing Hayes v. Unified Sch. Dist. No. 377, 877 F.2d 809, 811 (10th Cir.1989)).
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