Rabideau v. Beekmantown Cent. School Dist.

• Decision Date: 23 March 2000
• Docket Number: No. 98-CV-1158.,98-CV-1158.
• Citation: 89 F.Supp.2d 263
• Parties: Wayne RABIDEAU, Individually and as Parent and Legal Guardian of Alyssa Rabideau, and Joann Rabideau, Individually and as Parent and Legal Guardian of Alyssa Rabideau, Plaintiffs, v. BEEKMANTOWN CENTRAL SCHOOL DISTRICT, Defendant.
• Court: U.S. District Court — Northern District of New York

89 F.Supp.2d 263

Wayne RABIDEAU, Individually and as Parent and Legal Guardian of Alyssa Rabideau, and Joann Rabideau, Individually and as Parent and Legal Guardian of Alyssa Rabideau, Plaintiffs, v. BEEKMANTOWN CENTRAL SCHOOL DISTRICT, Defendant.

No. 98-CV-1158.

United States District Court, N.D. New York.

March 23, 2000.

Poklemba, Hobbs & Ulasewicz, L.L.C., Saratoga Springs, NY (Gary C. Hobbs, of counsel), for plaintiffs.

Miller, Mannix & Pratt, P.C., Glens Falls, NY (Eileen M. Haynes, Benjamin Pratts, Jr., of counsel), for defendant.

MEMORANDUM — DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On July 21, 1998, plaintiffs commenced the instant action pursuant to 42 U.S.C. § 1983 for violations of their rights under the First and Fourteenth Amendments, and the Individuals with Disabilities in Education Act ("IDEA"), 20 U.S.C. §§ 1400-1485. Plaintiffs also assert state law causes of action for negligence, respondeat superior, recklessness, and battery. The defendant moved for partial summary judgment, seeking dismissal of plaintiffs' federal claims.¹ Plaintiffs opposed. Oral argument was heard on December 17, 1999 in Utica, New York. Decision was reserved. Supplemental briefs and affidavits were requested to address the issue of IDEA's requirement that administrative remedies be exhausted before a civil action may be filed. Plaintiffs filed supplemental papers on February 18, 2000; the defendant's supplemental papers were filed on February 22, 2000.

II. FACTS

Alyssa Rabideau ("Alyssa") is a nine-year old student at Cumberland Head Elementary School, located within the defendant Beekmantown Central School District ("District" or "defendant"). Alyssa was born with congenital hydrocephalus (water on the brain). Secondary effects of this condition include seizures, for which Alyssa is administered medication three times per day. Her second dosage is administered by the school nurse. On September 16, 1997, a substitute nurse gave Alyssa an overdose of her medication which caused Alyssa various physical injuries. On October 16, 1997, Alyssa's parents filed a notice of claim against the District, pursuant to N.Y.Gen.Mun.Law §§ 50-e and 50-i and N.Y.Educ.Law § 3813. This is one of the bases for plaintiffs' state law causes of action. This motion involves subsequent events occurring at the school which form the bases for plaintiffs' federal causes of action.

In the beginning of the 1997-1998 school year, the Cumberland Head Elementary School nurse, Jody Branch, sent a notice to all parents of children in the first grade that the school would be conducting physicals of all first grade students on October 15, 1997. If the parent did not want the physical performed, they were to complete a form informing the school of when and by whom their child would receive a physical. Alyssa's mother, plaintiff Joann Rabideau ("Mrs.Rabideau"), completed the form, indicating that Alyssa's pediatrician would perform her physical. The plaintiffs contend that, on October 15, 1997, a school physical was performed on Alyssa anyway. The District asserts that Alyssa came to the nurse's office on October 15, 1997, complaining of ear pain and the doctor merely looked at her ear, but did not perform a physical.

In September of 1998, pursuant to Alyssa's Individualized Education Program ("IEP"), Alyssa began the school year attending Susan Beebie's ("Mrs.Beebie") regular second grade class. Alyssa was also to receive 180 minutes of special education with Leslie LaValley ("Mrs.LaValley"). However, due to the extensive amount of time Alyssa was spending in her special education class, Alyssa was transferred to Mrs. LaValley's class full-time, but she continued to attend certain regular classes with Mrs. Beebie. Mrs. LaValley maintained a student journal on Alyssa to record her behavior during the day. Plaintiffs contend that transferring Alyssa without their consent and without altering or amending Alyssa's IEP violates IDEA.

In late September and early October of 1998, Alyssa refused to stand for or recite the Pledge of Allegiance or participate in other aspects of the morning routine. Plaintiffs claim that Alyssa was scolded in front of the other students, was removed from class, and, on one occasion, was taken to the principal's office, solely for her failure to participate in the Pledge of Allegiance. In addition, plaintiffs allege, Alyssa was removed from recess, art, and music, and separated from her classmates during class and at lunch to punish her for her failure to participate in the Pledge of Allegiance. The District denies these allegations.

III. DISCUSSION

A. Summary Judgment Standard

Summary judgment must be granted when the pleadings, depositions, answers to interrogatories, admissions, and affidavits show that there is no genuine issue as to any material fact, and that the moving party is entitled to summary judgment as a matter of law. Fed.R.Civ.P. 56; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Lang v. Retirement Living Pub. Co., 949 F.2d 576, 580 (2d Cir.1991). The moving party carries the initial burden of demonstrating an absence of a genuine issue of material fact. Fed.R.Civ.P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Thompson v. Gjivoje, 896 F.2d 716, 720 (2d Cir.1990). Facts, inferences therefrom, and ambiguities must be viewed in a light most favorable to the nonmovant. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Project Release v. Prevost, 722 F.2d 960, 968 (2d Cir.1983).

When the moving party has met the burden, the non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., 475 U.S. at 586, 106 S.Ct. 1348. At that point, the non-moving party "must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56: Liberty Lobby Inc., 477 U.S. at 250, 106 S.Ct. 2505; Matsushita Elec. Indus. Co., 475 U.S. at 587, 106 S.Ct. 1348. To withstand a summary judgment motion, evidence must exist upon which a reasonable jury could return a verdict for the nonmovant. Liberty Lobby, Inc., 477 U.S. at 248-49, 106 S.Ct. 2505; Matsushita Elec. Indus. Co., 475 U.S. at 587, 106 S.Ct. 1348. Thus, summary judgment is proper where there is "little or no evidence ... in support of the non-moving party's case." Gallo v. Prudential Residential Servs., 22 F.3d 1219, 1223-24 (2d Cir.1994) (citations omitted).

B. Fourteenth Amendment Claim

1. Unauthorized Physical Examination

The defendant claims that Alyssa was never subjected to an unauthorized physical examination and, therefore, there was no violation of her Fourteenth Amendment right to bodily integrity. The plaintiffs, however, assert that, when viewed in a light most favorable to them, it is reasonable to infer that Alyssa was subjected to a physical examination without her parents' consent. There is a genuine issue of material fact exists with respect to this issue. However, since the District is the only defendant, for the reason discussed below, plaintiffs' claim must nevertheless be dismissed.

2. Liability of the District

Local governments cannot be held liable under § 1983 based on the theories of respondeat superior or vicarious liability. Monell v. Department of Soc. Servs., 436 U.S. 658, 694-95, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). A local government can be found liable under § 1983 only where

[T]he action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers. Moreover ... local governments ... may be sued for constitutional deprivations visited pursuant to governmental `custom' even though such custom has not reached formal approval through the body's official decision-making channels.

Id. at 690-91, 98 S.Ct. 2018. Thus, an unconstitutional governmental policy may be inferred either from the official pronouncements and actions of the governmental agency or from custom. A governmental policy may also be imposed for a single decision by a local government official who has final policymaking authority. See Pembaur v. Cincinnati, 475 U.S. 469, 480, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986); see also Krulik v. Board of Educ., 781 F.2d 15, 23 (2d Cir.1986) (stating that "an individual official's acts can rise to the level of `policy' when `senior personnel' knowingly `acquiesce' in their subordinates' behavior").

In the present case, the plaintiffs have failed to allege or submit any evidence that Alyssa was subjected to an unauthorized physical examination pursuant to an unconstitutional policy or custom of the District. Accordingly, plaintiffs' Fourteenth Amendment claim must be dismissed. This, of course, does not dismiss any state law causes of action which are based upon the alleged physical examination of Alyssa. The District may be liable for the acts of its employees under the doctrine of respondeat superior for such claims.

C. First Amendment Claim

1. Pledge of Allegiance

It is well established that a school may not require its students to stand for or recite the Pledge of Allegiance or punish any student for his/her failure to do so. See West Va. State Bd. of Educ. v. Barnette, 319 U.S. 624, 63 S.Ct. 1178, 87 L.Ed. 1628 (1943); Russo v. Cent. Sch. Dist. No. 1, 469 F.2d 623 (2d Cir.1972), cert. denied, 411 U.S. 932, 93 S.Ct. 1899, 36 L.Ed.2d 391 (1973).

The defendant claims that there is no evidence that Alyssa was required to stand for or recite the Pledge of Allegiance, nor that she was punished or disciplined for her failure to do so. However, the record contains evidence which suggests otherwise.

Alyssa's refusal to participate in the Pledge of Allegiance was clearly a source of frustration for her special education teacher, Mrs. LaValley. There are...