J.L. v. Boces
| Decision Date | 19 April 2018 |
| Docket Number | 14-CV-4565 (SIL) |
| Parties | J.L., an infant under the age of sixteen (16) years, and COLLEEN O'FLAHERTY for herself and as Next Friend of J.L., Plaintiffs, v. EASTERN SUFFOLK BOCES; SACHEM CENTRAL SCHOOL DISTRICT; MATTHEW MATERA, individually and in the capacity of Principal of Jefferson Academic Center; HOLLY RAUBER, individually and in the capacity of Assistant Principal of Jefferson Academic Center; ALEXANDER GOLIK, individually and in the capacity of employee of Jefferson Academic Center; and DOES 1-10, individually and in their capacities of employees of Jefferson Academic Center, Sachem Central School District, and/or Eastern Suffolk Boces, Defendants. |
| Court | U.S. District Court — Eastern District of New York |
Presently before the Court in this civil rights action are motions for summary judgment submitted by Defendants Eastern Suffolk Boces ("Boces"), Matthew Matera ("Matera"), Holly Rauber ("Rauber"),1 and Alexander Golik ("Golik") (collectively the "Boces Defendants"), and Sachem School District ("Sachem" or the "School District") (together "Defendants"), respectively. See Docket Entry ("DE") [43, 46]. By way of Complaint filed July 30, 2014, Plaintiffs J.L. ("J.L." or the "Infant Plaintiff") andColleen O'Flaherty ("O'Flaherty"), J.L.'s mother,2 (collectively "Plaintiffs") bring this action alleging: (1) violations of the Fourth and Fourteenth Amendments of the U.S. Constitution pursuant to 42 U.S.C. § 1983; (2) conspiracy claims under 42 U.S.C. §§ 1985 and 1986; and (3) assorted state-law claims. See Complaint ("Compl."), DE [1].
On November 1, 2016, pursuant to 28 U.S.C. § 636(c), the parties filed an executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, indicating their intention to have this Court "conduct all proceedings and order the entry of a final judgment," which Judge Feuerstein So Ordered. See DE [35, 37]. On September 7, 2017, Defendants filed their respective motions for summary judgment pursuant to Federal Rule of Civil Procedure ("Fed. R. Civ. P.") 56. See DE [43, 46]. Plaintiffs oppose the motions in part. See DE [44, 47]. For the reasons set forth herein, Sachem's motion is granted in its entirety and Boces' motion is granted in part and denied in part. Specifically, the Boces Defendants are entitled to summary judgment on Plaintiffs' 42 U.S.C. § 1983 and state-law negligent and intentional infliction of emotional distress and negligence claims. However, Boces' motion is denied as to Plaintiffs' state-law assault and battery cause of action as against Boces and Golik.
The following facts are taken from the parties' pleadings, deposition transcripts, affidavits, exhibits and respective Rule 56.1 statements. Unless otherwise noted, these facts are not in dispute.
This action arises out of Defendant Golik's alleged assault against Plaintiff J.L. on May 15, 2013 at Jefferson Academic Center ("JAC"), and the purported retaliatory conduct that followed. See generally Compl.; see also Sachem's 56.1 Statement of Undisputed Facts ("Sachem 56.1 Stmt."), DE [43-3], ¶ 9; Plaintiffs' Counterstatement to Sachem's 56.1 Statement of Undisputed Facts ( ), DE [43-5], ¶ 9. From September 2010 until June 2013, J.L. was a student at JAC. See J.L. Deposition Transcript ("J.L. Tr."), DE [43-10], at 6:10-7:8. JAC is a school for children with special needs located within the Defendant School District and operated by Defendant Boces. See Matera Deposition Transcript ("Matera Tr."), DE [43-13], at 8:20-9:8; see also Boces Defendants' 56.1 Statement of Undisputed Facts ("Boces 56.1 Stmt."), DE [43-6], ¶ 6; Plaintiffs' 56.1 Counterstatement to Boces Statement of Undisputed Facts ( ), DE [48], ¶ 6. Boces is a public educational cooperative comprised of fifty-one school districts, of which Sachem is one. See Sachem's 56.1 Statement of Undisputed Facts ("Sachem 56.1 Stmt."), DE [46-15], ¶¶ 14-15. The Individual Defendants Golik, Matera and Rauber are employees of Boces and, on the date of the incident, worked at JAC as a teacher's assistant, principal, and assistant principal, respectively. See Matera Tr. at 7:8-11; Golik Deposition Transcript ("Golik Tr."), DE [43-15], at 6:22-25; Rauber Tr. at 7:9-15. As part of their employment, all JAC staff members are required to attend aninitial two-day training and an annual refresher course in Crisis Prevention Intervention ("CPI"), which includes, among other things, instruction on proper takedown techniques. See Matera Tr. at 14:6-25.
J.L. is autistic and has certain behavioral and emotional disabilities which result in severe anger issues.3 See J.L. 50-h Hearing Transcript ("J.L. 50-h Tr."), DE [43-9], at 29:25-30:14. Because of his disabilities, the Infant Plaintiff is classified as a special needs student and has an Individual Education Program ("IEP") that, inter alia, documents his mental health condition.4 J.L also suffers from spontaneous nosebleeds. See O'Flaherty 50-h Tr. at 76:20-22. During his time at JAC, the Infant Plaintiff repeatedly assaulted fellow students and staff members. See, e.g., J.L. 50-h Tr. at 18:11-25. Because of these incidents, J.L. was repeatedly restrained and sent to the Behavioral Intervention Room ("BIR"), a short-term "time-out room" designed to calm down disruptive students, five to six times a week. See Rauber Tr. at 19:25-20:8. Pursuant to regulation, "time-out rooms" are required to have wall and floor coverings that are designed to prevent possible injury to students. See N.Y. Comp. Codes R. & Regs. tit. 8, § 200.22(c).
On May 15, 2013, J.L. was initially sent to the BIR for unspecified reasons, but after calming down was sent to an Alternative Learning Room ("ALR"). See J.L. 50-h Tr. at 40:4-25. ALRs are converted classrooms which are used for disruptive students; they are not "time-out rooms" and generally do not have wall or floor padding. See Rauber Tr. at 37:11-14; see also Matera Tr. at 33:18-21. When J.L. arrived at the ALR, he encountered Maria Falanga ("Falanga"), a Special Education aide, and Golik. See Falanga Deposition Transcript ("Falanga Tr."), DE [46-13], at 17:11-23; Golik Tr. at 23:4-24:24. Golik stands at five-feet four-inches tall and weighs approximately 200 pounds whereas J.L. is almost six-feet tall and weighs roughly the same.5 See J.L. 50-h Tr. at 23:2-17, 56:25-57:5. After entering the room, the Infant Plaintiff sat behind a desk and put his coat over his head covering his entire upper body. See Golik Tr. at 23:4-24:24. According to Falanga, when she saw J.L. put his jacket over his head, she became concerned that she could not see what was happening underneath. See Falanga Tr. at 36:20-23.
What follows is subject to dispute. Falanga testified that she repeatedly told the Infant Plaintiff to take the jacket off his head and after he failed to do so she removed the jacket. See id. at 19:9-20:6. She further states that, in response, J.L. got out of his seat in a "threatening manner" and grabbed the jacket. See id. at 21:4-18. According to Falanga, the two wrestled for the jacket until J.L. raised his hand, made a fist, and cocked it back as if to throw a punch. See id. In contrast, J.L.testified that—without warning—Falagna ripped the jacket off, and in response, he told her to "let go of the coat and there [would] be no problem" and balled his hand into a fist and cocked it back. See J.L. 50-h Tr. at 49:3-53:19. However, J.L. denies intending to throw a punch. See id. at 51:20-53:11.
At this point, Golik, who was standing approximately three feet away, grabbed the Infant Plaintiff and wrestled him to the ground. See Golik Tr. at 23:4-24:24. There is a discrepancy as to whether Golik "tackled" J.L. from behind or restrained him via a "bear hug" from the side. Compare J.L. 50-h Tr. at 55:6-9, with Golik Tr. at 23:4-24:24. According to J.L., the takedown caused him to land face-first on the unpadded floor and triggered a nosebleed. See J.L. Tr. at 160. 50-h at 51-60. After the alleged tackle, Golik remained on top of J.L. and held J.L.'s arms so he "could not punch anyone." See J.L. 50-h Tr. at 60:21-61:13. While on the ground J.L. began kicking and cursing at Golik, Falanga, and a new-to-the-scene third staff member. See Golik Tr. at 23:4-24:24; see also J.L. 50-h Tr. at 59:4-22. Rauber subsequently arrived at the ALR and found J.L. bleeding and continuing to struggle with staff. See Rauber Tr. at 24:18-24. Unable to calm the Infant Plaintiff, Rauber called O'Flaherty and told her that about the incident. See id. at 24:24-25-24. O'Flaherty alleges that Rauber told her that J.L. was having a bad day, was restrained, and suffered a spontaneous nosebleed, thereby misleading her about the true nature of the incident. See O'Flaherty Tr. at 62:7-64:8.
When J.L. arrived home that evening, O'Flaherty observed discoloration and redness on the Infant Plaintiff's nose and face. See id. at 70:13-22. That sameevening, Plaintiffs went to Brookhaven Hospital and were informed that J.L's nose was not broken or fractured. See id. at 74:11-75:7. J.L. graduated from JAC approximately a month after the May 15, 2013 incident. See J.L. 50-h Tr. at 87:22-25. In that period, Golik did not speak to or touch the Infant Plaintiff. See id. at 94:6-9. On June 13, 2013, Plaintiffs filed a Notice of Claim with the School District and Boces concerning the May 15, 2013 incident. See Notice of Claim, DE [46-2].
After graduating from JAC, J.L. began attending Islip Academic Center ("IAC"), a school dedicated to special education students and also operated by Boces, in September 2013. See Matera Tr. at 71:24-72:8; see also J.L. Tr. at 20:17-19. Approximately a month later, J.L. was assaulted by a fellow student, Hector Cruz ("Cruz"), outside of a classroom. See J.L. Tr. at 129:2-13. The incident began when the Infant Plaintiff...
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