Sacchetti v. Gallaudet Univ.

• Decision Date: 20 April 2016
• Docket Number: Civil Action No. 15-455 (RBW)
• Citation: 181 F.Supp.3d 107
• Parties: Terrylene Sacchetti, et al., Plaintiffs, v. Gallaudet University and the District of Columbia, Defendants.
• Court: U.S. District Court — District of Columbia

181 F.Supp.3d 107

Terrylene Sacchetti, et al., Plaintiffs,

v.Gallaudet University and the District of Columbia, Defendants.

Civil Action No. 15-455 (RBW)

United States District Court, District of Columbia.

Signed April 20, 2016

Justin D. Grosz, Morelli Alters LLP, Dania Beach, FL, for Plaintiffs.

Jason R. Waters, Wilson Elser Moskowitz Edelman & Dicker, LLP, McLean, VA, Shana Lyn Frost, Steven J. Anderson, Office of the Attorney General for the District of Columbia, Washington, DC, for Defendants.

MEMORANDUM OPINION

REGGIE B. WALTON, United States District Judge

The plaintiffs, Terrylene Sacchetti and Robert Manganelli, in their individual capacities and as representatives of the Estate of Gianni Manganelli, bring this suit against defendants Gallaudet University ("Gallaudet") and the District of Columbia ("District"), asserting violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 –12213 (2012), and common law claims for wrongful death, survival, negligent infliction of emotional distress, and false arrest, arising out of the death of their son, Gianni Manganelli, in March 2014. Compl. ¶¶ 160–272. Currently pending before the Court are the defendants' motions to dismiss the Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendant Gallaudet University's Motion To Dismiss [the] Plaintiffs' Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) ( "Gallaudet's Mot."); Defendant District of Columbia's Motion To Dismiss ("District's Mot."). Upon careful consideration of the parties' submissions, the Court concludes that each motion to dismiss must be granted in part and denied in part.¹

I. BACKGROUND

This is a sad case, which arises from Gianni Manganelli's ("Manganelli's") suicide committed near his mother's apartment in Silver Spring, Maryland, on March 30, 2014. Compl. ¶¶ 157–59.

The following factual allegations are derived from the Complaint filed by the plaintiffs in this matter. During the spring of 2013, Manganelli, who was deaf, gained acceptance and acquired a scholarship to attend Gallaudet by virtue of his impressive academic and personal achievements. Id.¶¶ 10, 18–20, 24. Because Manganelli had been suffering from seizures beginning in April 2013 while he was a student in California, for which the plaintiffs sought treatment, id.¶ 23, Manganelli's mother, plaintiff Terrylene Sacchetti ("Sacchetti"), "initiated extensive and candid conversations with Gallaudet's Director of Gallaudet's Mental Health Center, ... as well as several [employees] from the housing and academic advisors departments, to ensure that Gallaudet was aware of [Manganelli's] mental health struggles and [was] capable of treating [Manganelli]." Id.¶ 28. "Thus, as of July 2013, through direct communication with [ ] Sacchetti," Gallaudet allegedly knew that Manganelli had a history of seizures, depression, and anxiety; had been evaluated for undiagnosed mental health and neurological issues while living in California; had been prescribed the medication Depakote

but had stopped taking that medication due to adverse reactions; and that, without the medication, Manganelli was at greater risk of seizures. Id.¶ 30. Gallaudet allegedly "assured, and reassured [ ] Sacchetti that Gallaudet was more than equipped to address [Manganelli's] issues and would provide [Manganelli] with the level of care he needed," id.¶ 33, and the plaintiffs purportedly "relied upon Gallaudet's representations and assurances," id.¶ 34. In August 2013, Manganelli relocated from California with his parents and sister to begin his studies at Gallaudet, where he lived on campus in a dormitory "typically reserved for students with medical or mental health needs ...." Id.¶ 35.²

A. Manganelli's Behavioral Decline

Signs of trouble began shortly thereafter when, on August 22, 2013, Manganelli approached a member of the Capitol Police at the United States Capitol building and demanded to speak with Congress. Id.¶ 43. During this encounter, he was "extremely agitated and was screaming uncontrollably." Id. The officer "immediately suspected a mental health issue," placed Manganelli in handcuffs, and transported him to the Department of Mental Health's Comprehensive Psychiatric Health Program facility. Id.¶ 44. During the transport to the facility, Manganelli struck his head repeatedly against the car door. Id. Manganelli's father was contacted and advised about the situation, as was Gallaudet's Department of Public Safety ("Gallaudet Police"). Id.¶¶ 46–47. The facility determined that Manganelli was exhibiting signs of mental illness and detained him overnight "for observation and reassessment." Id.¶ 45. A nurse at the facility contacted Gallaudet's Mental Health Center to advise it to follow up with Manganelli, and scheduled a psychiatric appointment at Gallaudet on Manganelli's behalf, to take place upon his discharge from the facility. Id.¶ 50.

Manganelli returned to Gallaudet on August 23, 2013. Id.¶ 52. That evening, Gallaudet Police were called to Manganelli's room, and he was described as being disproportionately "irate" in his complaints about pain in his wrists caused by the handcuffs. Id.¶¶ 55–56. Despite having been notified of the previous day's events, Gallaudet took no steps to follow up on Manganelli's mental health condition. See id.¶ 53 (stating that the Dean of Student Affairs, the Director of Gallaudet Police, Gallaudet's Mental Health Center, and "several members of Gallaudet's Behavioral Intervention Team" were notified about the prior day's incident but did not "t[ake] any steps to follow-up and ensure that [Manganelli] was no longer at risk"). Two days later, on August 25, 2013, Gallaudet Police "confiscated two prescription bottles of cannabis and related items" from Manganelli's room. Id.¶ 57. Manganelli stated that he needed the cannabis, which "had been prescribed ... by his doctor in California, prior to leaving for [the District], to help treat his seizures." Id.¶ 58. Without his parents' knowledge, Gallaudet disciplined Manganelli for possessing cannabis on campus. See id.¶¶ 61, 64.

On August 27, 2013, an academic advisor wrote to Gallaudet's Behavioral Intervention Team to express her concern about Manganelli's welfare. Id.¶ 63(a). That same day, Manganelli met with an individual named Doris Zelaya at Gallaudet's Mental Health Center, who later attempted to schedule "weekly sessions" with Manganelli. Id.¶ 63(b)–(c). A few days later, on September 8, 2013, Manganelli responded that he did not "think he need[ed] them." Id.¶ 63(e). On September 11, 2013, Gallaudet's Mental Health Center "closed" Manganelli's file despite noting that Manganelli had expressed his concern that it "would not maintain confidentiality ‘if he reported he wanted to hurt himself.’ " Id.¶ 65 (emphasis omitted). Manganelli's parents were not made aware of Manganelli's confidentiality concern. Id.¶ 66. And, in response to Sacchetti's request for Gallaudet's mental health records regarding Manganelli, Gallaudet represented that it had none because "[Manganelli] ha[d] not requested services." See id.¶¶ 69–71.

About a month later, in October 2013, Manganelli received an "initial screening" at Gallaudet's Mental Health Center, which noted that he "was agitated, confrontational, defensive[,] and guarded," and that he was "experiencing ‘high levels of anxiety’ and depression." Id.¶ 74. Despite identifying these problems, and potential symptoms of Asperger's syndrome, no further assessment was provided at that time. Id. Sacchetti asked Gallaudet's Mental Health Center to notify her "the next time [Manganelli] is in a depression episode where he becomes suicidal" so she could "take him straight to a mental health hospital." Id.¶ 77 (emphasis omitted). In response, Gallaudet's Mental Health Center informed her that in the event "emergency mental health care" was needed, Gallaudet usually sent students to George Washington University Hospital or Georgetown University Hospital. Id.¶ 78.

After the October 2013 initial screening, Manganelli's behavior continued to decline. Id.¶ 80. A Gallaudet instructor named Susan Mather described an incident in which Manganelli "got on all fours and ... began acting like a dog" in her classroom, then fled to another classroom when she attempted to confront him. Id.¶ 82. Mather stated that this was "just one of several incidents over a couple of weeks ... which she described as strange and worrisome." Id.¶ 83. She also stated that Manganelli acted "in a physically aggressive manner that scared the other students" and that she was "concerned [for] students['] safety." Id.(first alteration in original). Mather asked Gallaudet to remove Manganelli from her classroom, stating that she was "concerned for his mental health," that "he need[ed] professional health counseling as soon as possible," and that his situation was going "from bad to worse." Id.¶¶ 84–85 (emphasis omitted). Manganelli was disciplined for his behavior in Mather's class, id.¶¶ 86–87, without his parents' knowledge, id.¶ 88. Contrary to Mather's requests, Manganelli was not required to obtain mental health counseling. See id.¶¶ 90–91.

In February or March 2014, another Gallaudet instructor, Ines Gonzales, also noticed Manganelli's "increasingly more bizarre, paranoid, and disconnected" behavior. Id.¶¶ 94–95. A third instructor, Roberto Herrera, shared Gonzales' concerns. Id.¶ 95. Also in early March 2014, a fourth Gallaudet instructor, Christina Healy, contacted Gallaudet's Director of Academic Advisers and Behavioral Intervention Team to alert them that Manganelli's conduct in her classroom was "bizarre" and "concerning," and that Manganelli had refused to meet with her to discuss his conduct on several occasions. Id.¶ 97. Manganelli did not receive any mental health counseling following these reports. Id.¶ 98.

Several individuals who were interviewed following their observations of Manganelli described his affect during...