Jones v. Cnty. of Westchester
| Docket Number | 14-cv-7635 (NSR) |
| Decision Date | 15 September 2023 |
| Parties | LATONIA JONES, individually and on behalf of her minor child, D.J., Plaintiff, v. COUNTY OF WESTCHESTER, ROSA HAZOURY, ELKE KNUDSEN, and LISA COLIN, ESQ., Defendants. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Latonia Jones (“Jones” or “Plaintiff”), individually and on behalf of her child D.J., who was a minor at all relevant times and at the start of this action, asserts claims against the County of Westchester (the “County”), and Rosa Hazoury and Elke Knudsen, both Senior Case Managers at the Westchester County's Department of Social Services (together with the County, the “Defendants”), arising out of D.J.'s removal from the custody of her biological mother Jones. Following the Court's Order and Opinion dated March 31, 2021 (ECF No. 197, the “March 31, 2021 Order and Opinion”), Plaintiff's three remaining causes of action are her: (1) substantive due process violation for denial of education under 42 U.S.C. § 1983 and the 14th Amendment due process clause against the individual Defendants; (2) a Title II ADA claim against the County for failing to provide an education; and (3) a state law negligence claim against the Defendants for failing to provide an education. (See March 31, 2021 Order and Opinion; see also ECF No. 198 (Third Amended Complaint or “TAC”). Plaintiff seeks monetary damages for violations on her remaining claims. (TAC at 53-54.)
Before the Court is Defendants' motion for summary judgment to dismiss all of Plaintiff's remaining claims. For the reasons discussed below, the Court GRANTS Defendants' motion for summary judgment.
The facts below are taken from the parties' Rule 56.1 statements,[1] affidavits, declarations, and exhibits and are not in dispute except where so noted. All rational inferences are drawn in Plaintiff's favor.
D.J was born on October 7, 1999. (ECF No. 247 (“Pl.'s 56.1 Counterstatement”) ¶ 1.) On May 18, 2005, D.J. was removed from her mother's care and placed into the care of the Westchester County Department of Social Service (“DSS”).
Around the time that D.J. was placed into DSS custody, she had been diagnosed with reactive Attachment Disorder. (Pl.'s 56.1 Counterstatement ¶ 83). By around April 2007, D.J. had been diagnosed with Bipolar I Disorder, Severe Psychotic Features, and was receiving medications. (Id. ¶ 155.) Later that year, D.J. was diagnosed with Mood Disorder NOS, psychotic Disorder NOS and Oppositional Defiant Disorder, and was receiving medications. (Id. ¶ 167.)
Defendants Hazoury and Knudsen are Senior Case Managers employed by the County and responsible for DJ's care. (TAC ¶¶ 11-12.)
Below, the Court outlines D.J.'s placements from May 2005 to August 13, 2018, when she was discharged from the care and custody of DSS (ECF No. 242 ( ) ¶ 34.):
May 19, 2005
D.J. was placed with foster mother RM. (Defs.' 56.1 ¶ 1.)
D.J. was transferred to foster mother AC. (Id. ¶ 2.)
D.J. was admitted to Andrus Diagnostic Center. (Id. ¶ 4.)
D.J. was transferred from Andrus Diagnostic Center to foster home of HH. (Id. ¶ 5.)
D.J. was admitted to Four Winds Hospital. (Id. ¶ 6.)
D.J. was discharged from Four Winds Hospital back to HH. (Id. ¶ 7.)
D.J. was admitted to Four Winds Hospital. (Id. ¶ 8.)
D.J. was discharged to Astor Home for Children. (Id. ¶ 9.)
D.J. was admitted to Four Winds Hospital. (Id. ¶10.)
D.J. was discharged to Astor Home for Children. (Id. ¶ 11.)
D.J. was admitted to Four Winds Hospital. (Id. ¶ 12.)
D.J. was discharged to Astor Home for Children. (Id. ¶ 13.)
D.J. was transferred to Stony Lodge Hospital. (Id. ¶ 14.)
D.J. was transferred to the therapeutic foster home of P.C. through the North American Family Institute. (Id. ¶ 15.)
D.J. was admitted to the Westchester Medical Center. (Id. ¶ 16)
D.J. was admitted to Four Winds Hospital. (Id. ¶ 17.)
D.J. was discharged to the Rockland Children's Psychiatric Center. (Id. ¶ 18.)
D.J. was transferred to her mother on a trial discharge to parent. (Id. ¶ 19.)
D.J. was transferred to Rockland Children's Psychiatric Center. (Id. ¶ 20.)
D.J. was transferred to her mother on a trial discharge to parent. (Id. ¶ 21.)
D.J. was admitted to Westchester Medical Center. (Id. ¶ 22.)
D.J. was transferred to Rockland Children's Psychiatric Center. (Id. ¶ 23.)
D.J. was transferred to Parsons Child & Family Center. (Id. ¶24.)
D.J. was discharged from DSS's care and custody. (Id. ¶ 25.)
D.J. was removed from her mother's care and custody and returned to the care and custody of DSS. (Id. ¶ 26.) At this point, she was already admitted to Westchester Medical Center. (Id. ¶ 27.)
D.J. was discharged to Parsons Child & Family Center. (Id. ¶ 28.)
D.J. was admitted to Pinefield Psychiatric Hospital. (Id. ¶ 29.)
D.J. was discharged to Easter Seal. (Id. ¶ 30.) D.J. Remained at Easter Seals until she turned eighteen years old. (Id. ¶ 30.)
D.J. was transferred to Abbott House OMR Group Home. (Id. ¶ 31) Subsequent to her eighteenth birthday, D.J. was appointed an Article 81 guardian and was placed by the New York State Office for People with Developmental Disabilities. (Id. ¶ 33)
D.J. was discharged from the care and custody of DSS. (Id. ¶ 34.)
In total, D.J. was in the care and custody of DSS from May 19, 2005 through January 18, 2013, and then again from October 10, 2014 through August 13, 2018. (Id. ¶ 35.) During that time, D.J. resided in a foster home from May 19, 2005 through August 2, 2005, from November 21, 2005 through January 20, 2006, from February 22, 2006 through September 24, 2007, and September 4, 2009 through October 13, 2009-approximately two years and two months total. D.J. resided with her mother on trial discharge from June 5, 2012 through June 25, 2012 and from August 15, 2012 through September 3, 2012 (id. ¶ 36.), and again was in her mother's custody from January 18, 2013 to October 10, 2014. At all other times, D.J. was placed in either a hospital, residential treatment facility (“RTF”), or residential treatment center (“RTC”) (collectively, “Non-Foster Placements”). (Id.)
The parties dispute over whether DSS had responsibility at all times that it had custody over D.J. to ensure that D.J. was receiving an education suitable under New York State Education Law. (See Defs.' 56.1 ¶ 37; ECF No. 246 ( ) Defendants argue that during the times that D.J. was in a Non-Foster Placement, the facility at which she was housed was required to provide her educational services under Article 81 of the New York State Education Law. (Defs.' 56.1 ¶ 37.)
The below tracks D.J. 's enrollment in school or educational programs:
2005-2006 Academic Year. D.J. was enrolled at Andrus Diagnostic Center, and then at Liberty School, until she was admitted to Four Winds Hospital on January 20, 2006. (Defs.' 56.1 ¶ 38.) On February 22, 2006, D.J. was returned to H.H. and attended the BOCES Liberty St. School until it was reported that she was “expelled” from the school on March 16, 2006. (Id.) An emergency Committee on Special Education (“CSE”) meeting was held on March 23, 2006. A decision was made to provide D.J. with home tutoring while applying to Green Chimneys and Clearview schools. The home tutoring would be provided by the Monroe-Woodbury School District. (Id.)
2006-2007Academic Year. D.J. attended Clearview School. (Id. ¶ 39.) Plaintiff remarks that this was the only year in which D.J. was fully enrolled in a school.
2007-2008Academic Year. D.J. attended Clearview from July 2007 until she was admitted to Four Winds Hospital on September 24, 2007. (Defs.' 56.1 ¶ 40.) D.J. remained enrolled at Clearview through November 30, 2007, after which she had been discharged to Astor Home for Children. For the remainder of the academic year, D.J. was either in Four Winds Hospital or Astor Home for Children, which Defendants argue were charged with providing appropriate academic services to D.J. (Id.)
2008-2009 Academic Year. D.J. was in either Four Winds Hospital or Astor Home for Children until she was transferred to Stony Lodge Hospital. (Defs.' 56.1 ¶ 41.) On December 10, 2008, Stony Lodge held a CSE meeting to discuss D.J.'s education plan while at Stony Lodge. (Id.) Plaintiff alleges that D.J. received random, isolated “tutoring” sessions with no progress, but was not enrolled in school. (Pl.'s Response to Defs.' 56.1, ¶ 41.)
2009-2010 Academic Year. At the beginning of the school year, D.J was located at the P.C. foster home, which was located in the Bronx. (Defs.' 56.1 ¶ 42.) Within a week of being placed with P.C., D.J. was evaluated by the New York City CSE. (Id.) On September 23, 2009, a meeting was held with the CSE to discuss D.J.'s individualized education plan (“IEP”). (Id.) While D.J. did not attend school before her admission to the Westchester Medical Center on October 13, 2009, she was enrolled with the New York City Department of Education, which had completed the IEP process. (Id.) After her admission to the Westchester Medical Center, D.J. was in either Westchester Medical...
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