Mathews v. Abington Heights Sch. Dist.
| Docket Number | Civil Action 3:22-CV-00959 |
| Decision Date | 22 March 2023 |
| Parties | CHRISTOPHER MATHEWS and KERRY MATHEWS, individually, and as parents and natural guardians of G.M., a minor, Plaintiffs, v. ABINGTON HEIGHTS SCHOOL DISTRICT, Defendant. |
| Court | U.S. District Court — Middle District of Pennsylvania |
This is a federal civil rights action, brought by plaintiffs Christopher and Kerry Mathews, individually and as parents and natural guardians of their minor child, G.M. Appearing through counsel, the plaintiffs commenced this action by filing a complaint in state court on May 26, 2022. (Doc. 2.) The lone named defendant, Abington Heights School District (the “School District”), timely removed the action to this court on June 15, 2022. (Doc. 1.)
The matter has been referred to the undersigned United States magistrate judge on consent of the parties, pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73. The defendant has filed a Rule 12(b)(6) motion to dismiss the complaint for failure to state a claim upon which relief can be granted. (Doc. 5.) The motion is fully briefed and ripe for decision. (Doc. 6; Doc. 8; Doc. 9.)
In December 2021, G.M. was a 10th grade student at Abington Heights High School. He was and continues to be an exemplary honor roll student with no disciplinary history at Abington Heights High School.
In the early morning hours of December 20, 2021, shortly after midnight, G.M.'s parents received a telephone call from police requesting that they meet with officers outside their home to discuss an issue involving G.M. and an anonymous tip that had been submitted through the Safe2Say Something anonymous reporting system (“S2SS”).[1]
G.M.'s parents met with two police officers inside the garage of their home. During that meeting, the police officers informed the parents what the S2SS anonymous reporting system was, and they informed G.M.'s parents that an anonymous tip about G.M. had been submitted.
Specifically the police officers informed G.M.'s parents that an anonymous tip was submitted indicating that G.M. had made statements that he had two firearms in his possession and that he was going to Abington Heights High School on Monday December 20, 2021, to “shoot people on his list.”
At the time, G.M. had no access to any firearms. In fact, he had been in quarantine due to COVID-19 exposure and would not be eligible to return to school until December 22, 2021.
The police officers requested to speak to G.M., who told the officers that he did not have access to any firearms, that he never made any statements about shooting anyone, and that he never created a list of people he intended to shoot at Abington Heights High School.
At that time, the police officers indicated that they believed the anonymous tip to have been false. But the plaintiffs were also informed that G.M. was considered suspended from the school pending the school's investigation. They were advised that they should await a telephone call from the superintendent of the School District before G.M. could return to school.
Shortly after the police officers departed, G.M.'s mother advised him to contact his friends in an attempt to identify who made the anonymous false tip via S2SS, and why they made that tip. G.M. spoke with his fellow classmates, L.R. and P.M., both minors, who informed G.M. that another classmate, S.J., had “joked” about submitting an anonymous false tip regarding G.M. via S2SS. According to L.R. and P.M., they had been engaged in a game of Fortnite[2]together with G.M. and S.J., which led to a plot to make an anonymous false tip about G.M.
During a game of Fortnite, the four players discussed how the high school was “a ghost town” on the prior Friday night due to threats that had circulated via social media regarding possible mass shootings in schools across the nation.[3]At that point in the conversation, S.J. stated that he should submit an anonymous false tip regarding G.M. via S2SS.
S.J. then recorded and shared footage of himself via the Snapchat application making the anonymous false tip, but the recording disappeared once it was viewed, before the other players could record or save it.[4]
At approximately 1:30 a.m. on December 20, 2021, L.R. and P.M. repeated their statements to a police officer regarding S.J.'s plan to submit an anonymous tip regarding G.M.
That same day, G.M.'s mother received a telephone call from the Vice Principal at Abington Heights High School,[5]who indicated that, after having interviewed S.J., and despite S.J.'s statements in his own defense, the Vice Principal ultimately believed the tip to be false and G.M. to be the “victim.” Nevertheless, and despite his innocence, the Vice Principal suggested that G.M. refrain from returning to school until after the impending winter holiday vacation, and she indicated that she was continuing to investigate and interview students involved.
Even though police and the Vice Principal had already deemed the tip to be false, she still chose to conduct interviews of certain students involved in the incident, including L.M. When interviewing L.M., the Vice Principal asked open-ended questions such as “Does G.M. make you nervous?” and “Do you feel as though G.M. would shoot someone?” The events of December 20, 2021, were not discussed with L.M. during this interview; instead, the focus was on the unfounded possibility that G.M. had a propensity for violence. Upon information and belief, the plaintiffs allege that none of the students interviewed regarding this incident were advised of the sensitivity of the matter and the damage it could cause to G.M.
On December 21, 2021, G.M.'s mother was contacted by the Vice Principal, who told her that G.M. had been “cleared of the matter” and that School District faculty or staff felt that G.M. was “the victim.” The Vice Principal further informed G.M.'s mother that S.J. had been suspended and that G.M.'s suspension was being lifted and his absences attributed to COVID-19, and she instructed G.M.'s mother to contact her immediately if G.M. faced any negative repercussions as a result of the incident.
Faculty and staff were not informed of G.M.'s exoneration at that point in time.
G.M. was able to return to school on December 22, 2021. Naturally, he was extremely nervous to return to school, as he was unsure how his fellow students would respond to his presence considering the false tip.
G.M. was contacted by a friend and fellow student, K.B., who informed G.M. that an unidentified student was asking other students “Where is your blue shirt so that G.M. does not shoot you?”
G.M.'s mother immediately tried to contact the Vice Principal, who was unavailable, and she ultimately spoke with the Principal at Abington Heights High School.[6] The Principal assured G.M.'s mother that the comments would be investigated and addressed, and he acknowledged that wearing blue was a detail mentioned in the false tip regarding G.M.
G.M.'s mother grew concerned that these specific details had been shared within the high school, as she believed rumors about G.M. being a potential school shooter could essentially destroy G.M.'s life.[7]At that point, the Principal informed G.M.'s mother that he would not send an email or text message to faculty or staff for fear of “calling more attention” to the situation, but that faculty and staff at Abington Heights High School would be made aware that G.M. was innocent.
When G.M. returned to school on December 22, 2021, an unidentified student addressed him as “shooter” during first period.
During third period that same day, in a class of approximately twenty students, G.M. was addressed by his third period teacher, identified only as “Teacher,” who said: [8] Teacher initiated a dialogue between the students in the classroom regarding the situation, and G.M.'s third period classmates all began to chime in regarding what they had heard about the situation. When G.M. attempted to defend himself, Teacher interjected and began to lecture G.M., stating “What were you thinking?” and insinuating that S.J.'s false tip that G.M. had made certain threats was true. Another teacher then entered the classroom, at which point Teacher pointed to G.M. and asked: “Did you hear what this kid did?”
Teacher's statements created a ripple effect, and during sixth period that same day, G.M. was approached by a group of students who asked him if the rumors were true, at which point he had to explain the situation and reiterated that the rumors were not true. As G.M. was leaving school that day, another student yelled at G.M. in the hallway, calling him “shooter.”
G.M.'s mother once again tried to contact the Vice Principal, who was unavailable, and she once again spoke with the Principal. G.M.'s mother expressed her concern that faculty and staff continued to perpetuate the incorrect belief that G.M. had made statements regarding a potential school shooting. The Principal promised that faculty and staff would be stationed in the hallways so G.M. was not harassed by his fellow students. The Principal, however, refused to release any information to G.M.'s mother regarding disciplinary action being taken against S.J., other than noting that students in this type of situation could face a maximum of ten days of suspension, and that the School District would need to determine if any additional action needed to be taken.
While G.M.'s mother was speaking with the Principal, the Vice Principal left a voicemail for her apologizing for G.M.'s “experience” that day. In that voicemail, the Vice Principal stated that she did not address the specific statements made to G.M. that day because she was...
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