Cohn v. New Paltz Central School Dist.

• Decision Date: 30 March 2005
• Docket Number: No. 1:04-CV-1066 LEK DRH.,1:04-CV-1066 LEK DRH.
• Citation: 363 F.Supp.2d 421
• Parties: Evan COHN, Plaintiff, v. NEW PALTZ CENTRAL SCHOOL DISTRICT, et. al, Defendants.
• Court: U.S. District Court — Northern District of New York

363 F.Supp.2d 421

Evan COHN, Plaintiff, v. NEW PALTZ CENTRAL SCHOOL DISTRICT, et. al, Defendants.

No. 1:04-CV-1066 LEK DRH.

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

March 30, 2005.

COPYRIGHT MATERIAL OMITTED

Robert N. Isseks, Office of Robert N. Isseks, Middletown, NY, for Plaintiff.

Mark C. Rushfield, Shaw, Perelson Law Firm, Highland, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER¹

KAHN, District Judge.

Plaintiff Evan Cohn commenced the instant action against Defendants claiming violations of rights, privileges, and immunities secured to Plaintiff by the First and Fourteenth Amendments of the United States Constitution. Presently before the Court is Defendants' motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) seeking dismissal on the grounds that: (1) the Defendant New Paltz Central School District ("School District") is entitled to Eleventh Amendment immunity; (2) the Defendant Alan R. Derry ("Derry") is entitled to qualified immunity, and (3) Plaintiff's Due Process, First Amendment, and Equal Protection claims fail to state a cause of action on which relief may be granted. For the following reasons, Defendants' motion in granted in part and denied in part.

I. FACTUAL BACKGROUND

On March 1, 2001, Plaintiff's parents were notified by the School District that charges of misconduct were being brought against Plaintiff pursuant to New York State Education Law § 3214 including: (1) that in November 2000, Plaintiff had conspired in the high school cafeteria with two other New Paltz High School students to wrongfully possess and distribute one or more handguns; (2) that in December 2000 Plaintiff knowingly and wrongfully possessed one or more handguns at or near 686 Albany Post Road, New Paltz, New York, a location off school property; and (3) that upon receiving information that one or more handguns may be present in the New Paltz High School, administrators caused the high school to be evacuated, and that such conduct was in violation of the New Paltz Behavior Code prohibiting the possession of weapons or look-alike weapons and the distribution of unauthorized or illegal substances or materials and constituted the offense of insubordination. Complaint (Dkt. No. 1) at ¶ 6; Exhibit A.

Pursuant to the notice, a hearing was conducted in March and April 2001 by Defendant Derry to consider the charges of misconduct. Id. at ¶ 7. At the hearing, the School District called student "J.C.", who testified that in February 2001 he overheard students discussing guns, but did not identify the students or state whether the guns were at the school. Id. at ¶ 8. Another witness, who was acting as a hall monitor on the day in question, testified that J.C. had indicated to her that another student, B.G., was rumored to have taken handguns from his father and distributed them to other students. Id. at ¶ 9. The conversation between the hall monitor and J.C. did not divulge when the guns were taken or who was now in possession of them. Id. The Assistant Principal, James Grover, then testified that upon questioning "B.G.", he indicated that he had given handguns belonging to his father to Plaintiff and another student, "R.R.", but did not state where and when Plaintiff possessed the handgun. Id. at ¶ 10. New Paltz Police Chief Ralph Appa then testified that as a result of not knowing the exact whereabouts of Plaintiff and R.R., the school was put in lockdown. The handguns were not located on school grounds, and were eventually recovered off school property. Id. at ¶ 11. The School District's last witness was New Paltz Police Detective David Dugatkin, who introduced a written statement from B.G. Id. at ¶ 12. The statement states that in the school cafeteria sometime in November 2000, Plaintiff, B.G. and R.R. were discussing the handguns owned by B.G.'s father and that same day R.R. asked to borrow one. Id. Approximately a day or two later, Plaintiff did the same. Id. On some later weekend, Plaintiff went to B.G.'s house and obtained one of the handguns. The handgun was not returned to B.G. Id.

Following the close of the hearing, Defendant Derry rendered a decision on April 25, 2001 in which he held that "[t]he testimony of the police officers, the district administrator, the student and staff member, along with the documentary evidence, provided substantial, credible evidence on the record of [Plaintiff's] guilt of all charges stated in the notice of hearing." Id. at ¶ 20; Exhibit C. "Based upon the seriousness of the charges ... and based upon [Plaintiff's] prior record of discipline," Derry determined that the suspension of Plaintiff out of school for the remainder of the 2001 school year was appropriate. Id.; Exhibit C.

Following a June 1, 2001 decision by the School District's Board of Education to adopt Derry's decision concerning the suspension of the Plaintiff from April 25, 2001 for the remainder of the school year, Plaintiff appealed the decision to the Commissioner of Education. Id. at ¶ 23.

In the June 19, 2002 decision by the Commissioner of Education, the Commissioner found that B.G.'s written statement should not have been introduced into evidence in lieu of B.G.'s live testimony. Id. at ¶ 24; Exhibit F. However, the Commissioner noted that hearsay evidence constituted admissible competent and substantial evidence to support a decision to suspend a student under New York Education Law § 3214. Id.; Exhibit F. He consequently found that Derry's admission of the written statement into evidence was harmless error because Derry had explicitly based his determination upon the testimony of the witnesses and documentary evidence "which included much more than just B.G.'s statement, and which is sufficient to sustain the charges." Id.

On or about October 16, 2002, Plaintiff commenced a proceeding in the Supreme Court for the State of New York, County of Albany under Article 78 of the New York Civil Practice Law & Rules to annul and void the decision of the Commissioner of Education dismissing Plaintiff's appeal from the action of the Board of Education which upheld the discipline of Plaintiff. Complaint (Dkt. No. 1) at ¶ 26. In his petition, Plaintiff contended that he was denied due process during the disciplinary proceeding and that the actions of Derry and the School District violated his First Amendment right to free speech and his Fourteenth Amendment right to equal protection. Id. at ¶ 27. By Memorandum and Judgment rendered on April 17, 2003, the state court found that the failure of Defendant Derry to call B.G. as a witness, while introducing in evidence B.G.'s written statement, "effectively denied [Plaintiff] his right to a fair hearing which includes the right to cross-examine witnesses against him (Education Law § 3214(3)(c)(1))." Id. at ¶ 28. Without B.G.'s written statement, the state court found that the hearing testimony contained "absolutely no evidence whatsoever as to any conversation between B.G. and [Plaintiff] about guns or anything else taking place in the New Paltz High School Cafeteria in November 2000." Id. Therefore the state court concluded that the Commissioner of Education's findings and conclusions were "arbitrary and capricious" and "lacked a rational basis", vacating and annulling the Commissioner of Education's decision and ordering that both Derry's determination and that of the Board of Education concerning Plaintiff's discipline be expunged from his record. Id.

On September 18, 2004, Plaintiff commenced this action seeking to recover compensatory and punitive damages pursuant to 42 U.S.C. § 1983 to redress the deprivation, under color of state law, of rights, privileges and immunities secured to Plaintiff under the First and Fourteenth Amendments of the United States Constitution. Complaint (Dkt. No. 1).

Defendants' motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) seeks dismissal on the grounds that: (1) the Defendant School District and Defendant Derry in his official capacity are entitled to Eleventh Amendment immunity; (2) the Defendant Derry in his individual capacity is entitled to qualified immunity, and (3) Plaintiff has failed to state a cause of action as to his Due Process, First Amendment, and Equal Protection claims.² Def. Motion (Dkt. No. 8).

II. STANDARD OF REVIEW

Defendants' motion to dismiss the complaint, having been made following the close of pleadings, is properly viewed as a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). See CHARLES A. WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE & PROCEDURE § 1367, at 514 (2d ed.1990). Nevertheless, in resolving that motion, the Court must "apply the same standards ... as it would have employed had the motion been brought under Rules 12(b)(1), (6), or (7) ...." Id. at 515.

When deciding a Rule 12(b)(6) motion to dismiss for failure to state a claim, the Court must accept as true all factual allegations made in the complaint and draw all reasonable inferences in favor of the plaintiff. See Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 164, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993); Harris v. City of New York, 186 F.3d 243, 247 (2d Cir.1999); Bolt Elec. v. City of New York, 53 F.3d 465, 469 (2d Cir.1995). The court may grant the motion only when "it appears beyond doubt ... that the plaintiff can prove no set of facts [in support of his claim] which would entitle him to relief." Sec. Investor Prot. Corp. v. BDO Seidman, LLP, 222 F.3d 63, 68 (2d Cir.2000) (quoting Jaghory v. New York State Dep't of Educ., 131 F.3d 326, 329 (2d Cir.1997)). The issue is not whether the plaintiff will ultimately prevail but whether the plaintiff is entitled to offer evidence to support the claims. Villager Pond, Inc. v. Town of Darien, 56 F.3d 375, 378 (2d Cir.1995).

Defendants contend that the Court lacks subject matter jurisdiction because of the School District's Eleventh Amendment ...