J.O. v. Rochester Cmty. Sch. Dist.

Decision Date29 September 2022
Docket Number21-12247
PartiesJ.O., Plaintiff, v. ROCHESTER COMMUNITY SCHOOL DISTRICT, CARRIE LAWLER, NEIL DELUCA and KATHRYN HOUGHTALING, Defendants.
CourtU.S. District Court — Eastern District of Michigan

J.O., Plaintiff,
v.
ROCHESTER COMMUNITY SCHOOL DISTRICT, CARRIE LAWLER, NEIL DELUCA and KATHRYN HOUGHTALING, Defendants.

No. 21-12247

United States District Court, E.D. Michigan, Southern Division

September 29, 2022


ORDER DENYING MOTION TO DISMISS

Denise Page Hood United States District Judge

I. BACKGROUND

This matter[1] is before the Court on Defendant Kathryn Houghtaling's Motion to Dismiss. A response was filed by Plaintiff and a hearing by video was held on the matter.

On September 24, 2021, J.O. filed a Complaint against Defendants Rochester Community School District (“RCSD”), Carrie Lawler (“Lawler”), Neil DeLuca (“DeLuca”), and Kathryn Houghtaling (“Houghtaling”). The Complaint alleges: violations of the Fourteenth Amendment under 42 U.S.C. § 1983 (Count I) and

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violations of the Equal Protection Clause under 42 U.S.C. § 1983 (Count II) against DeLuca, Lawler, and Houghtaling; a Monell Claim (Count III) against RCSD; violations of the Americans with Disabilities Act (“ADA”) (Count IV) against all Defendants; violations of Title IX (Count V) against RCSD; violations of § 504 of the Rehabilitation Act of 1973 (Count VI) against all Defendants; and violations of Michigan's Elliot-Larsen Civil Rights Act (“ELCRA”) by creating and failing to prevent a sexually hostile educational environment (Count VII) against all Defendants; violations of ELCRA - Retaliation (Count VIII), against all Defendants; violation of ELCRA - Discrimination on the Basis of Sex (Count IX) against all Defendants; violations of Persons with Disabilities Civil Rights Act (“PWDCRA”) -Harassment (Count X) against all Defendants; violations of PWDCRA - Retaliation (Count XI) against all Defendants; and, violations of PWDCRA - Discrimination (Count XII) against all Defendants. (ECF No. 1)

The Complaint alleges that Plaintiff J.O., a former student at Ace High School, who suffers from multiple disabilities, including, but not limited to, ADD and ADHD, was repeatedly drugged and raped by Houghtaling, a teacher employed by RCSD. Houghtaling harassed J.O. for sex and texted his cellphone daily while in the classroom during school, and attempted to bribe J.O. for sex. Houghtaling began raping and supplying J.O. with drugs and alcohol on a daily basis after she had raped

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another student, M.S., at RCSD. (ECF No.1, PageID.2)

Other students at RCSD bullied and incessantly harassed J.O. during school for his disabilities. Text messages, Snap Chats and memes were distributed to J.O. and other students. (ECF No. 1...

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