Betz v. Satteson

• Decision Date: 25 April 2017
• Docket Number: No. 4:15–cv–00851,4:15–cv–00851
• Citation: 259 F.Supp.3d 132
• Parties: Brian and Deborah BETZ, as Parents and Legal Guardians of I.B., a Minor, Plaintiffs, v. Abbe SATTESON, Shikellamy School District, Patrick Kelley, Ernie Jackson, and Mary Murphy–Kahn, Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

259 F.Supp.3d 132

Brian and Deborah BETZ, as Parents and Legal Guardians of I.B., a Minor, Plaintiffs,

v.Abbe SATTESON, Shikellamy School District, Patrick Kelley, Ernie Jackson, and Mary Murphy–Kahn, Defendants.

No. 4:15–cv–00851

United States District Court, M.D. Pennsylvania.

Filed April 25, 2017

Michael Zicolello, Joshua J. Cochran, Schemery & Zicolello, Williamsport, PA, for Plaintiffs.

Richard A. Polachek, Polachek & Associates, P.C., Wilkes–Barre, PA, for Defendants.

MEMORANDUM

Matthew W. Brann, United States District Judge

Some might say it was a child's scooter, like a marble dropped into a Rube Goldberg machine, which set the chain-reaction events of this case into motion. The more cynical among us, however, would label that a puerile retelling of events. To those cynics, the true catalyst of misfortune was not an innocent toy, but instead was flagrant insubordination and unapologetic disrespect. Unfortunately for Plaintiffs, the applicable law has as its foundation precisely that skeptical view.

While a seventh grader at Shikellamy Middle School in Sunbury, Northumberland County, Pennsylvania, Plaintiffs' minor son interfered with a teacher's attempt to discipline another student. That other student had ridden a scooter down one of the school's internal ramps shortly after dismissal one Friday afternoon. In turn, Plaintiffs' son stuck his arm out to hold the teacher back and shouted at his classmate to run free. When two teachers then turned their attention to him and requested that he accompany them to the principal's office, he too attempted to leave the building.

The record is uncontroverted that the boy attempted his botched escape by ducking under one of the teacher's outstretched arms and darting in the direction of a heavy glass door. As might be predicted, he banged his head against the door's metal push bar and cut his scalp. Consequently, what otherwise was a freak accident—or perhaps a timely form of divine retribution—has festered into a federal litigation assigned to me.

Though each reader will have to decide for himself the philosophical impetus for the young man's injuries, the legal questions that this motion presents are not so deep. First, the record suggests that the teacher who has been sued neither purposefully made contact with Plaintiffs' son nor intended him any harm. Second, even if contact was made, she was permitted to do as much under an established doctrine that affords teachers ample leeway to meet valid pedagogical ends. Therefore, because no genuine disputes of material fact remain, even when the events are viewed in the light most favorable to the Plaintiffs, summary judgment in favor of the Defendants is granted in full.

I. BACKGROUND

A. I.B. was a thirteen-year-old boy who suffered from Attention Deficit Disorder, had a prior disciplinary record, and possessed a remarkable penchant for injuring himself.

I.B. was a thirteen-year-old seventh grader at Shikellamy Middle School in Sunbury, Northumberland County, Pennsylvania on February 21, 2014—the date of the accident.¹ He has two older brothers and a younger sister. Both he and his sister had been homeschooled by their mother since shortly after that time.² According to Deborah Betz, I.B.'s mother, she made the decision to pull I.B.'s sister from public school shortly after the accident because she "had become increasingly agitated, started losing sleep, crying a lot, and just saying that she was scared to go."³ Similarly, she decided to homeschool I.B. because "I.B. is a typical boy, and sometimes he does things that he shouldn't do."⁴ "I only had boys," Mrs. Betz said, "and all boys that I had at that time were rambunctious. They were busy, very busy, wanting to run and play and jump."⁵ "Sometimes he says things that he shouldn't do. Typical boy stuff. You know, picking their nose or farting in class, whatever."⁶ "But that's one of the things with his medication," she explained.⁷ "I was told that by the doctor, that they pick, because I went to the doctor and said, 'Why is he picking his nose all the time?' 'Why is he constantly picking at his skin?' because he started getting rashes. And she [the doctor] said, 'It's from the medication. It's a side effect from the medication.' "⁸

No child is perfect. Like any "typical" seventh-grade boy, the leading actor in this drama has certain talents and shortcomings, certain strengths and weaknesses, so to speak. In 2016, I.B. had reached the ninth grade, studying Algebra II, language arts, psychology, literature, United States history, and United States Constitution. He completes his homeschooling lessons five days a week, but admirably ventures to his schoolbooks at times on the weekends if he gets bored.⁹ I.B. hopes to attend Westchester University one day to study psychology.¹⁰ His brother who attended Westchester told him that "it's lovely there."¹¹ His mother confirmed as much, "He's always been one that enjoyed learning. He will sit and watch the National Geographic all the time." He'll get on his phone, and he'll look up facts about ancient pyramids, and he'll say, " 'Mom, did you know such and such is—?' And I'm like, 'No.' He always enjoyed—loves, loves, loves to learn."¹²

I.B. is no pushover either. Quite the contrary, he is an avid wrestler who has partaken in that sport "ever since [he] can remember," even while homeschooled.¹³ For I.B., wrestling is "the sport that [he] love[s]."¹⁴ At the time of his deposition, he wrestled at the 145–pound weight class.¹⁵ Wrestling practices at Shikellamy are a grueling experience. As I.B. recollected, those events could last hours, anywhere from about 2:35 p.m. to 5:00 p.m., after which time, he and his teammates might even go to Bucknell University or Shikellamy High School and wrestle at those facilities.¹⁶ In fact, it would not be uncommon for Shikellamy wrestlers like I.B. to "roll out the mats" on a Saturday.¹⁷

I.B. wants to wrestle until he graduates and continue on a club team in college.¹⁸ He had a winning record during 2016, until a broken collarbone ended his season.¹⁹ He also played football as a linebacker, a safety, and an offensive back during the third through sixth grades.²⁰ Unfortunately, I.B. suffered a concussion playing football in the third or fourth grade in 2010 and a subsequent injury the following year, both of which ultimately caused him to suffer optical nerve damage and temporary blindness.²¹ According to I.B., however, he took vitamins and grew out of the temporary loss of sight.²²

I.B.'s young life appears to be marked by a certain lack of inhibitions. The winter before his deposition, for instance, I.B. also broke his toe wrestling.²³ As I.B. recalls, someone stole his wrestling shoes, and he did not want to miss practice.²⁴ So, he decided to wrestle barefoot, and his toe caught got in between the mats.²⁵ Because of that injury, he missed the remainder of the wrestling season.²⁶ Next year's wrestling season was also shortened when he broke his collarbone during a match.²⁷

Shortly after the accident that birthed this case, I.B. also broke his nose when a playground friend who was swinging on a climbing ladder inadvertently kicked him in the face.²⁸ Later on, I.B. was seen by his doctor when his cat bit him.²⁹ I.B. attempted to pick his cat up because another wild cat was outside of the house, and when he did, the cat bit him.³⁰

Approximately two months after the incident at the center of this case, I.B. was also hospitalized in the emergency room to reverse the symptoms of an apparent accidental poisoning. I.B. stated that he believed he was drinking eggnog that his family purchased at a local supermarket, but he woke up in the middle of that night vomiting.³¹ When his mom asked if he drank anything, he said he drank the eggnog in the fridge, and she sad "What eggnog? I didn't buy eggnog."³² It turned out that I.B. had apparently consumed some sort of body cream that was being stored in the fridge.³³

Besides organized sports, I.B. is also an avid bike rider. When he was younger, his parents bought him a used bike that they would buy custom parts for, and he "loved that bike."³⁴ In the summer, he would ride is bike every day for "miles and miles."³⁵ Beyond occasional swimming or weight lifting with friends, I.B. also enjoys mowing the grass. He finds it "pretty peaceful."³⁶

That being said, a quiet mind has not always been easy for I.B. to find. In particular, I.B. takes medication for Attention Deficit Disorder ("ADD").³⁷ He believes that he has had ADD since approximately the fourth grade.³⁸ In fact, I.B.'s mother explained she gave ADD medicine to at least one other of her boys.³⁹ When he doesn't take his medication, I.B. says, "I will talk. I'll move around. I'll be able to like look you dead in the eyes, but I'll be thinking of something else. Like I'll be telling myself I need to focus, I need to focus, I need to focus, but my body won't be focusing. It will be focusing on me telling myself to focus."⁴⁰ He takes the medication every day, except on days when wrestling matches are scheduled because "in wrestling, you have to act. You have to do it on instinct," but the medicine "just slows [him] down."⁴¹ I.B. recalls taking his ADD medication on the date of the accident.⁴²

I.B.'s condition was known by school administrators. Dr. Mary Murphy–Kahn was the principal of Shikellamy Middle School on February 21, 2014.⁴³ By virtue of her position, Dr. Murphy–Kahn would handle student discipline.⁴⁴ Dr. Murphy–Kahn was well-acquainted with her students, and I.B. was no exception. "I was [I.B.]'s principal when he came to seventh grade," she explained.⁴⁵ Dr. Murphy–Kahn described I.B. as a "superb student" academically.⁴⁶ "He's an excellent student."⁴⁷ On the other hand, she also noted that the school previously had several "disciplinary issues with him."⁴⁸ In fact, several of I.B.'s teachers and administrators previously met with his parents to set up "a behavior contract" system through which I.B. could ...