Logiodice v. Trustees of Maine Cent. Institute

• Decision Date: 05 March 2001
• Docket Number: No. 00-CV-246-B-S.,00-CV-246-B-S.
• Citation: 135 F.Supp.2d 199
• Parties: Peter LOGIODICE, et al., Plaintiffs v. TRUSTEES OF MAINE CENTRAL INSTITUTE, et al., Defendants
• Court: U.S. District Court — District of Maine

135 F.Supp.2d 199

Peter LOGIODICE, et al., Plaintiffs v. TRUSTEES OF MAINE CENTRAL INSTITUTE, et al., Defendants

No. 00-CV-246-B-S.

United States District Court, D. Maine.

March 5, 2001.

Richard L. O'Meara, Murray, Plumb & Murray, Portland, ME, for Plaintiffs.

Bruce C. Mallonee, Edmond J. Bearor, Luke M. Rossignol, Rudman & Winchell, Bangor, ME, for Defendants.

ORDER ON DEFENDANTS' MOTIONS TO DISMISS

SINGAL, District Judge.

Before the Court is a Motion to Dismiss by Defendants Maine School District No. 53 ("MSAD 53") and Terrance A. McCannell, Superintendent of MSAD 53 (Docket # 5), as well as a separate Motion to Dismiss by Defendants Maine Central Institute, Douglas Cummings, and John Marquis ("MCI Defendants") (Docket # 11). For the reasons discussed below, the Court DENIES both motions to dismiss.

I. STANDARD OF REVIEW

Generally, a court may dismiss a claim under Fed.R.Civ.P. 12(b)(6) only if it clearly appears that, on the facts alleged, the plaintiff cannot recover on any viable theory. See Gonzalez-Morales v. Hernandez-Arencibia, 221 F.3d 45, 48 (1st Cir.2000). When considering a motion to dismiss, a court must accept as true all of a plaintiff's well-pleaded factual averments and indulge every reasonable inference in the plaintiff's favor. See Correa-Martinez v. Arrillaga-Belendez, 903 F.2d 49, 52 (1st Cir.1990). Pursuant to this standard, the Court lays out the facts of the case below.

II. BACKGROUND

During the 1999-2000 school year, Plaintiff Zachariah Logiodice ("Zach") was a seventeen year-old student residing within MSAD 53. Because MSAD 53 does not operate a public high school, Zach attended Maine Central Institute ("MCI"), a private high school, pursuant to a contract between MSAD 53 and MCI. Prior to the events giving rise to this case, Zach was an eleventh grade student at MCI with no prior suspensions.

On January 19, 2000, a MCI teacher asked Zach to turn over a soft drink that Zach had inappropriately carried into the school gymnasium. Zach responded to the teacher's request with profane language prompting the teacher to alert MCI's Dean of Students, Mr. Marquis ("Dean Marquis"). Dean Marquis arrived at the gymnasium and questioned Zach regarding his alleged use of profanity. After Zach admitted using profane language, Dean Marquis asked Zach to leave the gymnasium. Zach refused, saying he did not want to miss his midterm exam that was about to start. As Dean Marquis left the room, Zach pushed aside the table at which he was sitting, stood up and directed profane language at Dean Marquis.

Dean Marquis returned to his office and immediately called Dawn Logiodice, Zach's mother. Mrs. Logiodice came to the school and met with Dean Marquis. At this meeting, Dean Marquis told Mrs. Logiodice that Zach would be suspended for ten days for using profanity and refusing to comply with the requests of teachers and administrators. Zach was allowed to complete his midterm before his mother took him home.

Later that same day, Zach's parents met with Dean Marquis again. The Logiodices asked Dean Marquis to reconsider the length of Zach's suspension and also asked that their son be allowed to participate in extra curricular activities while out on suspension. Dean Marquis refused both requests. Additionally, Dean Marquis suggested that the Logiodices consider finding Zach a counselor in light of his earlier conduct. The Logiodices agreed to consider this suggestion.

In a letter dated January 21, 2000, Dean Marquis informed the Logiodices that Zach would be suspended until at least February 2, 2000, a period of ten school days. Additionally, Dean Marquis explained that Zach would not be allowed to return to school until he "had a safety evaluation with a psychologist or psychiatrist." (See Pl.Ex. 1 (attached to Docket # 1).)

According to the Logiodices, obtaining the requisite safety evaluation for Zach proved difficult because their health insurance provider required them to obtain a referral. In fact, Mrs. Logiodice received a referral on January 28, 2000 for four licensed therapists. None of the approved therapists were able to meet with Zach prior to February 2, 2000. In light of the inability to obtain a safety evaluation during the ten-day suspension, Mr. Logiodice spoke with Dean Marquis on February 1, 2000 and asked that Zach be allowed to return to school the following day. Dean Marquis explained that the safety evaluation remained a prerequisite to Zach's return to MCI. MCI's Principal, Mr. Cummings ("Principal Cummings") confirmed this requirement.

On the afternoon of February 1, 2000, the Logiodices met with the Superintendent of MSAD 53, Mr. McCannell ("Superintendent McCannell"), to discuss Zach's continuing suspension. As a result of this meeting, Superintendent McCannell wrote a letter to Principal Cummings dated February 3, 2000. (See Pl.Ex. 2 (attached to Docket # 1).) In this correspondence, Superintendent McCannell expressed concern that Zach's continued suspension violated his due process rights and that MCI should provide "appropriate services for the student" pursuant to the contract between MSAD 53 and MCI. (Id.)

On February 2, 2000, Mrs. Logiodice obtained an appointment for Zach with Dr. Lester. The appointment was scheduled for February 7, 2000, Dr. Lester's earliest available opening. When Mrs. Logiodice contacted Principal Cummings to explain that Zach would not be able to undergo a safety evaluation until February 7th, Principal Cummings insisted that Zach could not return to school until after a safety evaluation was completed. He refused to hold a hearing on the continued suspension or provide Zach with tutoring in the interim. In fact, Principal Cummings told Mrs. Logiodice that Maine's law limiting administrative suspensions to ten school days absent school board action did not apply to public students at MCI.

On February 7, 2000, Zach and the Logiodices met with Dr. Lester. Dr. Lester concluded he could not perform the safety evaluation requested by MCI although he agreed to see Zach for a series of counseling sessions. However, at the end of the first meeting, Dr. Lester expressed his professional opinion that Zach's prior behavior did not suggest in any way that Zach was a danger to himself or others.

On the evening of February 7, 2000, the Logiodices attended a regularly scheduled meeting of the MSAD 53 School Board. At this public meeting, the Logiodices told the Board that MCI and MSAD 53 had violated and were continuing to violate their son's due process rights as well as Maine law. In response, Superintendent McCannell agreed that Zach's due process rights had been violated. The Board took no immediate action in response to the Logiodices' comments.

On February 8, 2000, Superintendent McCannell and Principal Cummings contacted the Logiodices and said that Zach could return to school after his second appointment with Dr. Lester, provided that Dr. Lester agreed to meet with school officials. Zach had his second appointment with Dr. Lester on February 9, 2000. On February 11, 2000, Dr. Lester, along with Zach Logiodice and his parents, met with Dean Marquis, Superintendent McCannell and several MCI teachers. As a result of the meeting, Zach was permitted to return to school on Monday, February 13, 2000. However, in the interim, Zach had been denied educational services for seventeen school days without the opportunity for a hearing.

III. DISCUSSION

On the basis of these facts, Plaintiffs press claims against Defendants MSAD 53 and Superintendent McCannell alleging violations of 42 U.S.C. § 1983 (Counts IV & V) as well as violations of Zach's rights under the Maine Constitution (Counts IX & X).¹ Plaintiffs also allege violations of 42 U.S.C. § 1983 by each of the MCI Defendants in (Counts I, II & III). Additionally, they assert claims against the MCI Defendants for violations of Zach's rights under the Maine Constitution (Counts VI, VII & VIII). Finally, in Count XI, Plaintiffs seek a declaratory judgment that the provisions of 20-A M.R.S.A. § 1001(9) apply to a private school that enrolls public students pursuant to a contract with a public school district. In order to put Plaintiffs' claims in context, the Court pauses to briefly explain some of the unique characteristics of Maine's educational system.

A. Public Education in Maine

Pursuant to Maine statute, "every person within the age limitations set by state statutes shall be provided an opportunity to receive the benefits of a free public education." 20-A M.R.S.A. § 2; see also Me. Const. art. VIII, pt. 1, § 1 ("[T]he Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools."). School districts in Maine provide the opportunity for a free public education in a variety of ways. Given the rural nature of many Maine communities, it is not feasible for all school districts to operate their own public schools for each grade. Maine statute specifically recognizes this possibility and provides for various alternative means of providing educational services including allowing school districts to contract for school privileges with "contract schools" or pay tuition for their eligible students to attend either public or private schools of the individual student's choosing. 20-A M.R.S.A. §§ 5203 & 5204.

In a recent case upholding the constitutionality of Maine's tuition program, the Maine Law Court described how these different options are utilized by Maine school districts. See Bagley v. Raymond Sch. Dept., 728 A.2d 127, 130 (Me.1999). In relevant part, the Maine Law Court explained

Approximately half of the school districts in Maine satisfy their obligation by operating public elementary and secondary schools. The other half satisfy their obligation either wholly through Maine's tuition program, or by operating some schools, usually elementary, and paying tuition for...