Catlin v. Sobol

• Decision Date: 10 December 1997
• Docket Number: No. 86-CV-222.,86-CV-222.
• Citation: 988 F.Supp. 85
• Parties: Daniel CATLIN, individually and as a parent and natural Guardian of Dunbar Elliot Catlin a/k/a "Dell" Catlin, a handicapped child; Dundeen Catlin, individually and as a parent and natural Guardian of Dunbar Elliot Catlin a/k/a "Dell" Catlin, a handicapped child; and Dunbar Elliot Catlin, a handicapped child a/k/a "Dell" Catlin; Plaintiffs, v. Thomas SOBOL, Commissioner of Education of the State of New York; John F. Holdorf, Superintendent of Schools of the Edmeston Central School District; and the Board of Education of the Edmeston Central School District; Defendants.
• Court: U.S. District Court — Northern District of New York

988 F.Supp. 85

Daniel CATLIN, individually and as a parent and natural Guardian of Dunbar Elliot Catlin a/k/a "Dell" Catlin, a handicapped child; Dundeen Catlin, individually and as a parent and natural Guardian of Dunbar Elliot Catlin a/k/a "Dell" Catlin, a handicapped child; and Dunbar Elliot Catlin, a handicapped child a/k/a "Dell" Catlin; Plaintiffs, v. Thomas SOBOL, Commissioner of Education of the State of New York; John F. Holdorf, Superintendent of Schools of the Edmeston Central School District; and the Board of Education of the Edmeston Central School District; Defendants.

No. 86-CV-222.

United States District Court, N.D. New York.

December 10, 1997.

COPYRIGHT MATERIAL OMITTED

Donoghue, Thomas, Auslander & Drohan, Fishkill, NY, for Plaintiffs; James Drohan, Lawrence W. Thomas, of counsel.

Hogan & Sarzynski, Binghamton, NY, for Defendants John F. Holdorf, Board of Education of the Edmeston Central School District; Edward J. Sarzynski, of counsel.

Dennis C. Vacco, Office of the Attorney General of the State of New York, Albany, NY, for Thomas Sobol; Mary Ellen Clerkin, of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

INTRODUCTION

Presently before the court are three motions. First, plaintiffs have filed a motion for a declaration that pursuant to the Individuals with Disabilities Education Act ("IDEA") and § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the Edmeston Central School District ("District") may not seek tuition reimbursement from plaintiffs. Alternatively, plaintiffs seek a declaration that if they are required to pay tuition that the District may not charge them for tuition from 1985-1994 at a rate in excess of the rate charged to regular education students or for any time after their son, Dell, reached the age of 18 on April 22, 1991.

In addition to opposing this motion, the defendants John Holdorf and the District (hereinafter referred to collectively as "the District") cross-move for summary judgment dismissing the complaint. Finally, defendant Thomas Sobol as Commissioner of Education for the State of New York ("the Commissioner") cross-moves to dismiss the complaint pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.

The court heard oral argument in support of, and in opposition to, these motions on June 30, 1997, in Albany, New York, and reserved decision at that time.¹ The following constitutes the court's disposition of these motions.

BACKGROUND

Familiarity with the facts of this case are assumed. However, the court will briefly set forth the issues that remain to be resolved after the Second Circuit's September 4, 1996, decision. Defendants appealed from this court's final judgment, holding that New York Education Law § 3202(4)(b) violates the Due Process Clause of the Fourteenth Amendment. See Catlin v. Sobol, 881 F.Supp. 789 (N.D.N.Y.1995). On appeal, defendants argued that this court erred in granting plaintiffs' motion for summary judgment on the Due Process claim. Plaintiffs contended that the Equal Protection Clause, the IDEA, and § 504 provided alternative bases for affirming this court's decision.

The Second Circuit held that New York Education Law § 3202(4)(b) did not violate the Due Process Clause. It also found no violation of the Equal Protection Clause, the IDEA or the Rehabilitation Act of 1973 and therefore no alternative ground for affirming this court's decision. Accordingly, the Second Circuit reversed this court's decision to the extent that it held that § 3202(4)(b) violated the Due Process Clause. Thus, on remand, the only issue which remains to be decided is what person or entity is financially responsible for Dell Catlin's education between the years 1985-1994.

DISCUSSION

I. Commissioner's Cross-Motion to Dismiss

The Commissioner argues that because the only issue which remains outstanding involves the District's claim for reimbursement of tuition and plaintiffs' attempt to resist that claim the complaint should be dismissed as to him. Plaintiffs have no objection to this cross-motion. Accordingly, the court GRANTS the Commissioner's cross-motion to dismiss the complaint against him.

II. Plaintiffs' Motion and the District's Cross-Motion

The District argues that plaintiffs may not pursue their motion for summary judgment unless and until plaintiffs seek and obtain leave of the court pursuant to Rule 15(a) of the Federal Rules of Civil Procedure to amend their complaint to set forth the issues raised by this motion.

Plaintiffs' response to this argument is that there is no need for them to amend their complaint to seek relief from Massachusetts because they do not seek such relief nor is such relief necessary for the disposition of this case. See Thomas Reply Affidavit at ¶ 4. Basically, plaintiffs argue, as they have throughout this litigation, that Dell is entitled to a free appropriate public education under the IDEA and if the District wants to be reimbursed for the education it provided to Dell, then it is the District, not plaintiffs, which must commence an action against Massachusetts. See id.

There is one problem with plaintiffs' argument. In Catlin v. Sobol, 77 N.Y.2d 552, 569 N.Y.S.2d 353, 571 N.E.2d 661 (1991), the New York Court of Appeals, inter alia, granted the District's cross-motion for summary judgment, declared Dell a non-resident of the District, and remitted the case to Supreme Court, Albany County, for determination of the tuition owed. Id. Thus, plaintiffs' assertion that they do not have to reimburse the District for Dell's tuition or that the District cannot seek reimbursement from them, but must instead seek it from Massachusetts, would appear to be foreclosed by the doctrine of collateral estoppel.

In their complaint, filed in February 1986, plaintiffs asserted seven causes of action. These causes of action alleged various constitutional and statutory violations by the Commissioner and the District. First, plaintiffs alleged that the defendants' actions violated their constitutional rights to equal protection and due process. Second, they alleged that defendants violated the Education for All Handicapped Act and the Rehabilitation Act of 1973. Third, they alleged that defendants violated their rights to reside in various states without voiding their son's right to a free appropriate public education in violation of the Privileges and Immunities Clause of the United States Constitution.² Finally, they sought an adjudication and declaration of the respective rights and responsibilities of the parties relative to defendants' obligation to provide their son, Dell, with a free appropriate public education. More specifically with respect to this last cause of action, plaintiffs sought "[a] declaratory judgment adjudicating section 3202(4)(b) of the New York State Education Law to be unconstitutional on its face and as applied by defendants to plaintiff Dell Catlin, and enjoining defendants from further violation of the constitutional rights of plaintiffs; ..." See Complaint at WHEREFORE Clause at ¶ f.

After reviewing plaintiffs' complaint it is clear that plaintiffs did not raise the issue of tuition reimbursement. Although they sought a declaratory judgment, this cause of action pertained only to the constitutionality of § 3202 of New York Education Law. Accordingly, the court concludes that in order for plaintiffs to raise the issue of tuition reimbursement, they would have to seek leave to amend their complaint.

Although plaintiffs have not formally moved to amend their complaint, the court will assume, for the sake of discussion, that they have made such a motion. In deciding whether to grant such a request, the court would be governed by the following rules. "Absent a mandate which explicitly directs to the contrary, a district court upon remand can permit the plaintiff to `file additional pleadings, vary or expand the issues....' Rogers v. Hill, 289 U.S. 582, 587-88, 53 S.Ct. 731, 734, 77 L.Ed. 1385 (1933). `While a mandate is controlling as to matters within its compass, on the remand a lower court is free as to other issues.' Quern v. Jordan, 440 U.S. 332, 347 n. 18, 99 S.Ct. 1139, 1148 n. 18, 59 L.Ed.2d 358 (1979) (quoting Sprague v. Ticonic National Bank, 307 U.S. 161, 168, 59 S.Ct. 777, 781, 83 L.Ed. 1184 (1939))." Nguyen v. United States, 792 F.2d 1500, 1502 (9th Cir.1986).

Assuming that as part of their motion to amend plaintiffs would seek to add Massachusetts as a defendant to this action and assert a cause of action for tuition reimbursement, such an motion would not be foreclosed by the Second Circuit's mandate. Thus, there would be no procedural impediment to plaintiffs seeking the court's leave to amend their complaint in this manner. This having been said, the decision as to whether or not to grant leave to amend remains within the discretion of the district court. See Zahra v. Town of Southold, 48 F.3d 674 (2d Cir.1995). In reviewing the exercise of such discretion, however, the Second Circuit has oft repeated that "[i]n the absence of any apparent or declared reason — such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party ..., etc. — the leave sought should, as the rules require, be `freely given.'" Rachman Bag Co. v. Liberty Mutual Ins. Co., 46 F.3d 230, 235 (2d Cir.1995) (quoting Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962)). Moreover, "[d]elay alone unaccompanied by such a `declared reason' does not usually warrant denial of leave to amend." Id. (citing State Teachers Retirement Bd. v. Fluor Corp., 654 F.2d 843, 856 (2d Cir.1981)).

Assuming plaintiffs made a motion to amend, the District asserts two reasons why the court should deny such a request. First, although recognizing that delay alone generally does not warrant denial of such a motion, the District argues that unduly...