A.V. v. Douglas Cnty. Sch. Dist. Re-1

• Decision Date: 18 February 2022
• Docket Number: Civil Action No. 21-cv-0704-WJM-SKC
• Citation: 586 F.Supp.3d 1053
• Parties: A.V., a child, THROUGH his mother and next friend, Michelle HANSON, Plaintiff, v. DOUGLAS COUNTY SCHOOL DISTRICT RE-1, Tony Spurlock, the Douglas County Sheriff, in his official capacity; Sidney Nicholson, a Douglas County School Resource Officer, in his individual capacity, Lyle Peterson, a Douglas County School Resource Officer, in his individual capacity, and Daniel Coyle, a Douglas County School Resource Officer, in his individual capacity, Defendants.
• Court: U.S. District Court — District of Colorado

586 F.Supp.3d 1053

A.V., a child, THROUGH his mother and next friend, Michelle HANSON, Plaintiff,

v.DOUGLAS COUNTY SCHOOL DISTRICT RE-1, Tony Spurlock, the Douglas County Sheriff, in his official capacity; Sidney Nicholson, a Douglas County School Resource Officer, in his individual capacity, Lyle Peterson, a Douglas County School Resource Officer, in his individual capacity, and Daniel Coyle, a Douglas County School Resource Officer, in his individual capacity, Defendants.

Civil Action No. 21-cv-0704-WJM-SKC

United States District Court, D. Colorado.

Signed February 18, 2022

Arielle Kay Herzberg, Asma Kadri Keeler, Mark Silverstein, Sara R. Neel, American Civil Liberties Union, Jack David Robinson, Spies Powers & Robinson PC, Denver, CO, for Plaintiff.

Jonathan Patrick Fero, M. Jonathan Koonce, Michael Brent Case, Semple Farrington Everall & Case, P.C., Denver, CO, for Defendant Douglas County School District RE-1.

Dawn Lynnette Johnson, Arapahoe County Attorney's Office, Littleton, CO, Kelly Dunnaway, Megan Leigh Taggart, Douglas County Attorney's Office, Castle Rock, CO, for Defendants Tony Spurlock, Sidney Nicholson, Lyle Peterson, Daniel Coyle.

ORDER GRANTING DOUGLAS COUNTY SCHOOL DISTRICT RE-1'S MOTION TO DISMISS, GRANTING IN PART AND DENYING IN PART THE DCSO DEFENDANTS’ MOTION TO DISMISS, AND AFFIRMING OCTOBER 26, 2021 ORDER RE: MOTION TO STAY

William J. Martinez, United States District Judge

This matter is before the Court on Defendant Douglas County School District RE-1's (the "District") Motion to Dismiss ("District's Motion to Dismiss") (ECF No. 28), as well as the Motion to Dismiss filed by Defendants Tony Spurlock, in his official capacity as the Douglas County Sheriff ("DCSO"), and Sidney Nicholson, Lyle Peterson, and Daniel Coyle in their individual capacities¹ (collectively, the "DCSO Defendants") ("DCSO Defendants’ Motion to Dismiss") (ECF No. 23).

Also before the Court is the DCSO Defendants’ Objections ("Objections") (ECF No. 63) to United States Magistrate Judge S. Kato Crews's October 26, 2021 Order RE: Motion to Stay [Dkt. 24] ("Order Denying Motion to Stay") (ECF No. 62). The Order Denying Motion to Stay is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B) ; Fed. R. Civ. P. 72(a).

For the reasons explained below, the Court grants in part and denies in part the DCSO Defendants’ Motion to Dismiss, grants the District's Motion to Dismiss, overrules the Objections, and affirms Judge Crews's Order Denying Motion to Stay.

I. BACKGROUND²

The Court assumes the allegations contained in the Complaint and Jury Demand are true for the purpose of resolving the DCSO Defendants’ Motion to Dismiss and the District's Motion to Dismiss. See Ridge at Red Hawk, L.L.C. v. Schneider , 493 F.3d 1174, 1177 (10th Cir. 2007).

Plaintiff A.V. is a minor who, at the time of the events giving rise to this lawsuit, was an eleven-year-old child with autism at Sagewood Middle School, a public school in the District. (¶¶ 10, 15, 18.) Plaintiff's disability causes him to avoid some sensory stimuli, to be triggered by touch and loud sounds, and to have difficulty managing his response to frustration, expressing emotions, wants, and needs, and handling some transitions. (¶ 19.)

At the time of the events giving rise to this lawsuit, Spurlock was the Douglas County Sheriff, had final policymaking authority for the DCSO, and is the official responsible for ensuring that the DCSO and its employees comply with the United States Constitution, as well as federal and state law. (¶ 12.) Nicholson, Peterson, and Coyle were all Douglas County Sheriff's Deputies who Plaintiff alleges were "jointly employed" by the District. (¶ 13.)

A. The Events of August 29, 2019

On August 29, 2019, Plaintiff's classmate wrote on Plaintiff with a marker, causing him to become "escalated." (¶ 24.) Plaintiff responded by "poking" his classmate with a pencil, causing the classmate "to have a small cut on his arm." (¶ 25.) After this incident, a classroom aide texted school administrators that she needed help with Plaintiff; in response, the Dean of Students, Dr. Christine Funk, and the Principal, Ben D'Ardenne, reported to the classroom. (¶¶ 27–28.) Dr. Funk and Mr. D'Ardenne requested that Plaintiff leave the classroom, and Plaintiff complied. (¶ 29.) Dr. Funk and Mr. D'Ardenne also state that Plaintiff "pushed past him as he was leaving." (¶ 30.)

Thereafter, Plaintiff met with Dr. Smrcka, the school psychologist, and Plaintiff "de-escalated" while listening to special sensory music through his headphones. (¶¶ 31–33.)

Principal D'Ardenne texted Nicholson, the School Resource Officer assigned to Sagewood Middle School, about the argument between Plaintiff and his classmate.

(¶ 34.) While Plaintiff was sitting with Dr. Smrcka, Nicholson and Peterson arrived at Sagewood Middle School. (¶ 35.) Mr. D'Ardenne explained to Nicholson and Peterson that the classmate had asked Plaintiff to stop doing something in class and that Plaintiff responded by "stabbing" the classmate with a pencil. (¶ 36.) He further explained to Nicholson and Peterson that Plaintiff had serious emotional disabilities and that although Plaintiff had calmed down, he was worried that Plaintiff may become re-escalated. (¶¶ 38–39.) Nicholson responded by proposing that he ask Plaintiff to come talk to him in the SRO office and stated, "If he wants to come, that's fine; if he doesn't, that's fine too." (¶ 40.) Mr. D'Ardenne agreed to that plan. (Id. )

When Nicholson asked Plaintiff to come talk to him in his office, Plaintiff shook his head "no." (¶ 42.) Dr. Smrcka explained that Plaintiff was not highly verbal and that he tends not to talk. (¶ 43.) Nonetheless, Nicholson continued to ask Plaintiff if he would come talk in the SRO office, and Plaintiff stared blankly and occasionally shook his head "no" in response. (¶ 44.) According to Plaintiff, "despite the fact that [he] was sitting quietly and that there was no emergency requiring immediate intervention, SRO Nicholson and Peterson abruptly approached [Plaintiff] in a threatening manner and aggressively handcuffed him." (¶ 45.) Nicholson and Peterson "did not consider any alternatives, such as asking [Plaintiff's] psychologist or classroom aide to bring [Plaintiff] to the SROs’ office or asking for [Plaintiff's] parents to come to school and bring [Plaintiff] to their office," and instead opted for an approach that "would surely cause [Plaintiff] to become re-escalated." (¶¶ 46–47.)

Nicholson took hold of Plaintiff's right arm, and Peterson took his left arm above the elbow to get Plaintiff in handcuffs. (¶ 48.) Plaintiff screamed, "ow," and "stop, you're hurting me!" (Id. ) He also kicked the bottom of a table, wiggled his arms, and banged his head against the concrete wall of the school. (¶¶ 48–49.) Nicholson then grabbed Plaintiff's head at the nape of his neck and held it tightly, to which Plaintiff yelled, "Ow! You're choking me! Ow!" (¶ 51.)

Plaintiff alleges that after Nicholson and Peterson handcuffed him, they "paraded" him through the school hallways as Plaintiff was pushing back against them and crying. (¶ 52.) Plaintiff asserts that Nicholson and Peterson "erroneously interpreted [Plaintiff's] reactions as ‘resisting’ and being violent.’ " (¶ 53.) Thereafter, Nicholson and Peterson pushed Plaintiff toward the patrol car and refused Plaintiff's requests to remove the handcuffs. (¶¶ 54–55.) Once he was seated in the patrol car, Nicholson and Peterson saw and heard Plaintiff banging his head loudly against the plexiglass. (¶¶ 56, 60.) Nonetheless, they left Plaintiff banging his head in the car and ignored Principal D'Ardenne’s "warning about [Plaintiff] inflicting self-harm in the past." (¶ 61.) While Nicholson collected witness statements, Peterson stayed near the patrol car, where Plaintiff sat handcuffed for more than two hours. (¶ 62.)

Coyle, a SRO assigned to another school, arrived at Sagewood Middle School at some point while Plaintiff was still sitting handcuffed in the patrol car; however, he neither uncuffed Plaintiff nor did anything to stop him from banging his head. (¶ 65.)

When Plaintiff's stepfather arrived at the school, Plaintiff was still sitting handcuffed in the patrol car. (¶ 66.) Nicholson informed Plaintiff's stepfather that Plaintiff would be taken to a juvenile detention center and was being charged for stabbing a student with a pencil and assaulting a police officer. (¶ 68.) Nicholson also said that Plaintiff could be charged with harassing the principal and another teacher, but that the school staff did not want to press charges. (¶ 68.) Plaintiff's stepfather replied, "I mean this is crazy. This is a kid with autism and you guys are gonna press charges against him?" (¶ 69.) Plaintiff's stepfather explained that "[t]his is a kid with autism that's obviously dysregulated" and requested that Plaintiff be taken to Children's Hospital. (¶¶ 69–70.) Nonetheless, Nicholson, Peterson, and Coyle "did not change course or get [Plaintiff] medical attention" and would not let Plaintiff's stepfather see Plaintiff. (¶¶ 67, 71.)

Thereafter, Nicholson, Peterson, and Coyle moved Plaintiff to a different police car and left him in handcuffs while Coyle drove Plaintiff to the juvenile detention center. (¶¶ 72–74.) Neither the SROs nor anyone at the juvenile detention center obtained medical attention for the child. (¶¶ 75–76.) According to Plaintiff, Nicholson, Peterson, and Coyle "discriminated against [Plaintiff] because of his disabilities when they determined not to get him medical attention." (¶ 77.)

Plaintiff was charged with misdemeanor assault for allegedly causing injury to his classmate, two charges of misdemeanor harassment for allegedly striking school staff, as well as second degree felony assault of a peace officer and a misdemeanor of resisting arrest. (¶ 79.) He remained at the juvenile detention center until that evening when his parents posted a $25,000 bond to release him. (¶ 78.) Notably, the criminal...