Thomas v. E. Orange Bd. of Educ.

• Decision Date: 06 February 2014
• Docket Number: Civ. No. 2:12–01446(WJM).
• Parties: Katina THOMAS, g/a/l K.T. (a Minor), Plaintiff, v. EAST ORANGE BOARD OF EDUCATION, et al., Defendants.
• Court: U.S. District Court — District of New Jersey

998 F.Supp.2d 338

Katina THOMAS, g/a/l K.T. (a Minor), Plaintiff,

v.EAST ORANGE BOARD OF EDUCATION, et al., Defendants.

Civ. No. 2:12–01446(WJM).

United States District Court, D. New Jersey.

Feb. 6, 2014.

Christopher C. Roberts, East Orange, NJ, for Plaintiff.

Eric L. Harrison, Methfessel & Werbel, PC, Edison, NJ, Stefani C. Schwartz, Schwartz Simon Edelstein & Celso LLC, Whippany, NJ, for Defendants.

OPINION

WILLIAM J. MARTINI, District Judge:

Plaintiff Katina Thomas, guardian ad litem for K.T. (a minor), brings this action against East Orange Board of Education (“EOBE”), Superintendent Dr. Gloria Scott, John Does (1–10), Jane Does (1–10), and ABC Corp. (1–10) (collectively “Defendants”), alleging various state and federal statutory, constitutional and common law claims. Plaintiff's claims arise from Defendants' alleged failure failed to prevent students at Langston Hughes Elementary School (“LHES”) from bullying K.T. This matter comes before the Court on Defendants' motion for summary judgment under Federal Rule of Civil Procedure 56. There was no oral argument. Fed.R.Civ.P. 78(b). For the reasons set forth below, Defendants' motion for summary judgment is GRANTED.

I. BACKGROUND

The following facts are undisputed. Plaintiff K.T. is a minor student in the East Orange school district. Certification of Eric L. Harrison, Esq. (“Harrison Cert.”) Ex. A at ¶ 1, ECF No. 21. K.T. transferred into the East Orange school district when she moved to New Jersey from Georgia in September 2010. Harrison Cert. Ex. B. She entered LHES as a fourth-grader. Harrison Cert. Ex. B.

K.T.'s Fourth Grade Year—2010–2011

K.T.'s problems at school began that September, when K.T.'s mother, Katina Thomas, reported that K.T. had received a note stating “I hate you” from a boy in class. Harrison Cert. Ex. C at 11:17–12:1. K.T. indicated that the letter also stated that the boy planned to beat her up after class because she was “country.” Harrison Cert. Ex. D at 8:10–13, 10:14–11:3. This same boy later spat in her face. Harrison Cert. Ex. D at 9:8–15. K.T. and her mother met with K.T.'s fourth-grade teacher, Ms. McKinnon, Assistant Principal Ella Tidwell, the boy, and his mother about the incidents.

In the fall of 2010, another student kicked K.T. in the leg. Harrison Cert. Ex. C at 15:10–22. Then, in October 2010, K.T.'s mother told Ms. Tidwell that a student had spit in K.T.'s hair. Harrison Cert. Ex. D at 12:24–13:13. Ms. Tidwell interviewed K.T., who stated that she was spat on while walking up a stairwell with her class. Harrison Cert. Ex. E. Ms. Tidwell also interviewed Ms. McKinnon, who confirmed that someone had spat in the stairwell. Harrison Cert. Ex. E. However, Ms. McKinnon could not identify a culprit. See Harrison Cert. Ex. E. On October 14, 2010, K.T. went to the nurse with her mother to report that someone had hit her. Harrison Cert. Ex. F. However, the nurse saw no sign of an injury, and K.T. eventually conceded that nobody hit her. Harrison Cert. Ex. F.

At some point during the year, K.T. came home from school and told her mother that she was kicked in the leg by a female student. Harrison Cert. Ex. C at 15:15–22; Harrison Cert. Ex. D at 14:3–15:6. K.T. also informed Ms. McKinnon about this incident, who resolved the situation by separating that student from K.T. Harrison Cert. Ex. C at 15:15–22; Harrison Cert. Ex. D at 14:3–15:6. K.T.'s mother, K.T. and K.T.'s aunt, Toni Byrd met with Ms. Tidwill about the incident. HarrisonCert. Ex. C at 16:6–10. Ms. Tidwill was unwilling to discipline the other girl because the other girl had denied kicking K.T., and she had been unable to otherwise substantiate K.T.'s allegation. Harrison Cert. Ex. C 16:13–15, 17:16–22.

On February 23, 2011, K.T. was involved in a physical confrontation with two male students. Harrison Cert. Ex. I. The school nurse reported the incident to Ms. Tidwell, who conducted an investigation. Harrison Cert. Ex. I. The parents of all of the involved students attended a conference. Harrison Cert. Ex. I. The boys stated that they were fighting, and K.T. was accidentally hit, at which point she joined into the fight. Harrison Cert. Ex. I.

At the end of March 2011, K.T. reported that a male student had punched her. Ms. Tidwell held a conference with Ms. McKinnon, K.T.'s mother, K.T.'s aunt and the parents of the accused student to address and investigate K.T.'s allegation. Harrison Cert. Ex. L. Ms. Tidwell concluded that the male student had told K.T. “let's play fight,” and then hit her. Harrison Cert. Ex. L. At the meeting, the students' parents discussed appropriate behavior with their children, and the parties agreed that Ms. McKinnon would provide the parents with weekly progress and behavior reports. Harrison Cert. Ex. C at 27:22–28:1; Harrison Cert. Ex. L. The parties also agreed that the students would not call or text message each other in the future. Harrison Cert. Ex. C at 27:22–28:1; Harrison Cert. Ex. L.

On April 12, 2011, K.T.'s mother wrote a letter to Superintendent Gloria Scott complaining about the bullying and stating that the school was not sufficiently responding to the problem. Certification of Christopher C. Roberts (“Roberts Cert.”) Ex. 4. Superintendent Scott did not respond to the letter. Roberts Cert Ex. 1 at 28:12–25, 29:22.

On April 13, 2011, K.T. attempted to stab a male student with a pair of scissors. Harrison Cert. Ex. M. Specifically, K.T. grabbed the scissors from Ms. McKinnon's desk and ran out of the classroom and down the hallway after a male student. Harrison Cert. Ex. M. Ms. McKinnon retrieved K.T. and the scissors and called the front office for assistance. Harrison Cert. Ex. M. When Assistant Principal Tidwell entered the classroom, she saw K.T. being restrained by Ms. McKinnon. Harrison Cert. Ex. O. K.T. broke away, and once again grabbed the scissors and chased after the boy. Harrison Cert. Ex. O. Assistant Principal was able to restrain K.T., and then removed K.T. from the classroom. Harrison Cert. Ex. O. At her deposition, K.T. testified that she ran after the boy because he had hit her. Harrison Cert. Ex. D at 18:7–19:13. The boy denied hitting K.T. Harrison Cert. Ex. D at 18:7–19:13. Ms. McKinnon completed a report regarding the incident, and K.T. was suspended for two days. Harrison Cert. Ex. M; Harrison Cert. Ex. P.

At the end of the 2010–2011 school year, K.T. informed her mother that a female classmate, who K.T. considered to be a friend, had told K.T. that she was gay and was going to make K.T. a lesbian. Harrison Cert. Ex. D at 26:3–8. Her mother reported the incident to Ms. McKinnon. Harrison Cert. Ex. D at 26:3–8. Ms. McKinnon contacted the parents of the accused student and informed Assistant Principal Tidwell of K.T.'s allegation. Harrison Cert. Ex. R. Assistant Principal Tidwell investigated K.T.'s report and met with K.T.'s mother, K.T.'s aunt, and the father of the female student about the incident. Harrison Cert. Ex. R. Ms. Tidwell also interviewed the female classmate, who told Ms. Tidwell that she had simply written K.T. a note asking to be friends. Harrison Cert. Ex. R. Ms. Tidwell was able to review the note and confirmed that it did in fact ask K.T. if she wanted to be friends, with a space next to the question for a “yes” or “no” response. Harrison Cert. Ex. R. K.T. testified that she did not read the note and did not know what the note said. Harrison Cert. Ex. D at 27:20–24. There were no corroborating witnesses to verify either child's version of the conversation, and Ms. Tidwell was unable to substantiate K.T.'s allegations. Harrison Cert. Ex. R. K.T.'s mother and aunt requested that the girls be separated, and Ms. Tidwell directed the students to stay away from each other. Harrison Cert. Ex. R. The school established parent communications logs to keep the parents informed of any further concerns. Harrison Cert. Ex. R.

In her Complaint, Plaintiff also alleged that K.T. was kicked down the stairs during the 2010–2011 school year. However, K.T.'s mother had no recollection of the incident. Harrison Cert. Ex. C at 80:17–22. The Nurse Office Visit Log for K.T. for the 2010–2011 school year contains no reference to injuries resulting from this allegation. Harrison Cert. Ex. F.

New Jersey's Anti–Bullying Bill of Rights Act ¹

In January 2011, Governor Christie signed an amendment strengthening New Jersey's anti-bullying statute, the Anti–Bullying Bill of Rights Act (the “Anti-Bullying Act”). See N.J. Stat. Ann. § 18A:37–13 et seq. The new provisions took effect during the 2011–2012 school year, and included new training and reporting requirements.

As amended, the Anti-Bullying Act requires each school district to adopt a policy prohibiting harassment, intimidation or bullying on school property. N.J. Stat. Ann. § 18A:37–15(a). That policy must provide a procedure for the investigation of harassment, intimidation, and bullying reports. N.J. Stat. Ann. § 18A:37–15(b)(6). Additionally, each school must appoint an anti-bullying specialist to lead the investigation of harassment, intimidation, and bullying reports. N.J. Stat. Ann. § 18A:37–20(a)(3). The Anti–Bullying Act specifically states that it “does not create or alter any tort liability.” N.J. Stat. Ann. § 18A:37–37.

K.T.'s Fifth Grade Year—2011–2012

At her mother's request, K.T. was moved to Ms. Bank's classroom on the first day of the new school year. Harrison Cert. Ex. C at 38:7–20. K.T.'s mother requested the change because many of the student's from K.T.'s fourth grade class were in her originally assigned classroom. Harrison Cert. Ex. C at 38:7–20. In the fall of 2011, K.T. and her family moved into a shelter in Newark, and K.T. began therapy at Family Connections in November 2011. Harrison Cert. Ex. T at 19:8–17, 28:15–17.) The Family Crisis Intervention Program fully funded K.T.'s therapy. Harrison Cert. Ex. Y at 33:2–35:5.

K.T. testified that, at the beginning of the 2011–2012 school year, a student kicked her. Harrison Cert....