Wadsworth v. Maine Sch. Admin. Dist. 40

• Court: U.S. District Court — District of Maine
• Writing for the Court: JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE
• Citation: Wadsworth v. Maine Sch. Admin. Dist. 40, 663 F.Supp.3d 83 (D. Me. 2023)
• Docket Number: 2:19-cv-00577-JAW
• Decision Date: 20 March 2023
• Parties: Adrianna WADSWORTH, Plaintiff, v. MAINE SCHOOL ADMINISTRATIVE DISTRICT 40/REGIONAL SCHOOL UNIT 40 et al., Defendants.

663 F.Supp.3d 83

Adrianna WADSWORTH, Plaintiff, v. MAINE SCHOOL ADMINISTRATIVE DISTRICT 40/REGIONAL SCHOOL UNIT 40 et al., Defendants.

2:19-cv-00577-JAW

United States District Court, D. Maine

Signed March 20, 2023

Eric R. LeBlanc, Pro Hac Vice, Bennett & Belfont, PC, Cambridge, MA, Rachel Okun, Okun Law PLLC, Falmouth, ME, for Plaintiff.

Devin McDonough, Pro Hac Vice, Douglas I. Louison, Joseph A. Padolsky, Louison, Costello, Condon & Pfaff LLP, Boston, MA, for Defendant Andrew Cavanaugh.

John J. Wall, III, Laura A. Maher, Monaghan Leahy, LLP, Portland, ME, for Defendant Chuck Nguyen.

AMENDED¹ ORDER ON MSAD 40/RSU 40'S MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE

A former high school student brought a lawsuit against a school district, a school principal, and a school social worker asserting claims under 20 U.S.C. § 1681(a) (Title IX) and 42 U.S.C. § 1983, as well as state tort claims, stemming from sexual harassment she alleges the school principal committed against her. The school district moves for summary judgment on all claims against it. The Court grants summary judgment on the Title IX claim because there are no genuine issues of material fact that could sustain the plaintiff's contention that an official with the authority to implement corrective measures had actual knowledge of the alleged harassment and acted with deliberate indifference toward her. The Court grants summary judgment on the § 1983 claim because the record similarly does not support her claim that any school district policy or failure to train caused her injuries. Finally, upon consent of the plaintiff, the Court dismisses the state tort claims because the school district is immune from liability under the Maine Tort Claims Act.

I. PROCEDURAL HISTORY

On December 27, 2019, Adrianna Wadsworth² filed suit against Maine School Administrative District 40/Regional School Unit 40 (RSU 40 or the District),³ Medomak Valley High School (MVHS), Andrew Cavanaugh, and Chuck Nguyen. Compl. (ECF No. 1). She alleged a violation of Title IX and negligent hiring, training, and supervision against the District and MVHS, brought claims under 42 U.S.C. § 1983, brought common law tort and statutory claims of intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED) against all the Defendants, and brought a negligence claim against Mr. Cavanaugh and Mr. Nguyen. Id. ¶¶ 134-179. On February 7, 2020, Mr. Cavanaugh answered the Complaint. Def., Andrew Cavanaugh's Answer to Pl.'s Compl. and Demand for Jury Trial (ECF No. 11). On March 11, 2020, the District and MVHS filed a motion to dismiss counts one and two of the Complaint. Def. MSAD 40/RSU 40's Mot. to Dismiss Counts I and II of Compl. (ECF No. 12). On the same day, Mr. Nguyen filed an answer to the Complaint. Answer and Affirmative Defenses to Compl. and Jury Trial Demand (Def. Chuck Nugyen) (ECF No. 13).

On March 27, 2020, Ms. Wadsworth filed an amended complaint, dropping MVHS as a defendant. Pl.'s Am. Compl. and Demand for Jury Trial (ECF No. 15) (Am. Compl.). On April 10, 2020, Mr. Nguyen filed a motion to dismiss the Amended Complaint. Def. Chuck Nguyen's Mot. to Dismiss Am. Compl. (ECF No. 16). On April 14, 2020, Mr. Cavanaugh filed an answer to the Amended Complaint. Def., Andrew Cavanaugh's Answer to Pl.'s Am. Compl. and Demand for Jury Trial (ECF No. 17).

On May 8, 2020, the District filed a motion to dismiss counts one and two of the Amended Complaint, and on May 11, 2020, it withdrew its first motion to dismiss. Def. MSAD 40/RSU 40's Mot. to Dismiss Counts I and II of First Am. Compl. (ECF No. 21);⁴ Def. MSAD 40/RSU 40's Withdrawal of Mot. to Dismiss as Moot (ECF No. 22). Ms. Wadsworth filed a response on June 8, 2020. Opp'n of Pl., Adrianna Wadsworth, to Def. MSAD 40/RSU 40's Mot. to Dismiss for Failure to State a Claim (ECF No. 31). On June 22, 2020, the District replied. Def. MSAD 40/RSU 40's Reply in Supp. of Mot. to Dismiss (ECF No. 32).

On October 2, 2020, the Court denied Mr. Nguyen's motion to dismiss, and on October 29, 2020, the Court denied the District's motion to dismiss. Order on Def. Chuck Nguyen's Mot. to Dismiss (ECF No. 36); Order on MSAD 40/RSU 40's Mot. to Dismiss (ECF No. 39) (Order on Mot. to Dismiss). The District filed its Answer to the Amended Complaint on November 13, 2020 and Mr. Nguyen filed his Answer and affirmative defenses on February 4, 2021. Def. MSAD 40/RSU 40's Answer to Pl.'s Am. Compl. (ECF No. 45); Answer and Affirmative Defense to Am. Compl. and Jury Trial Demand (Def. Chuck Nguyen) (ECF No. 49).

On July 27, 2022, the District, Mr. Cavanaugh, and Mr. Nguyen each filed a motion for summary judgment accompanied by a statement of material facts. Def. MSAD 40/RSU 40's Mot. for Summ. J. (ECF No. 100) (Def.'s Mot.); Def. MSAD 40/RSU 40's Statement of Material Facts (ECF No. 101) (DSMF); Def. Andrew Cavanaugh's Mot. for Summ. J. (ECF No. 103); Def. Andrew Cavanaugh's Rule 56 Statement of Material Facts in Supp. of His Mot. for Summ. J. (ECF No. 104); Def. Chuck Nguyen's Mot. for Summ. J. (ECF No. 105); Def. Chuck Nguyen's Statement of Material Facts in Supp. of Mot. for Summ. J. (ECF No. 106). On October 19, 2022, Ms. Wadsworth filed an omnibus response to the motions for summary judgment, her own statement of additional material facts, and separate responses to each defendant's statement of material facts. Pl. Adrianna Wadsworth's Omnibus Opp'n to Defs.' Mots. for Summ. J. (ECF No. 114) (Pl.'s Resp.); Pl.'s Rule 56 Statement of Material Facts in Supp. of Her Omnibus Opp'n to Defs.' Mots. for Summ. J. (ECF No. 115) (PSAMF); Pl.'s Resps. to Def. MSAD 40's Statement of Material Facts in Supp. of its Mot. for Summ. J. (ECF No. 116) (PRDSMF); Pl.'s Resps. to Def. Andrew Cavanaugh's Statement of Material Facts in Supp. of His Mot. for Summ. J. (ECF No. 117); Pl.'s Resps. to Def. Chuck Nguyen's Statement of Material Facts in Supp. of His Mot. for Summ. J. (ECF No. 118).

On November 17, 2022, the District filed a reply in support of its motion for summary judgment and a reply to Ms. Wadsworth's statement of additional material facts. MSAD 40/RSU 40's Reply in Supp. of Mot. for Summ. J. (ECF No. 121) (Def.'s Reply); Def. MSAD 40/RSU 40's Reply Statement of Material Facts (ECF No. 122) (DRPSAMF). The following day, Mr. Nguyen and Mr. Cavanaugh each filed their own replies and responses to Ms. Wadsworth's statement of additional material facts. Def. Chuck Nguyen's Reply Mem. of Law in Supp. of Mot. for Summ. J. (ECF No. 123); Def. Chuck Nguyen's Resp. to Pl.'s Rule 56 Statement of Material Facts in Supp. of Her Omnibus Opp'n to Defs.' Mots. for Summ. J. (ECF No. 124); Def. Andrew Cavanaugh's Reply in Supp. of Mot. for Summ. J. (ECF No. 125); Def. Andrew Cavanaugh's Resps. to Pl.'s Rule 56 Statement of Material Facts in Supp. of Her Omnibus Opp'n to Defs.' Mots. for Summ. J. (ECF No. 126).

Finally, on December 19, 2022, Ms. Wadsworth moved to request oral argument on the defendants' motions. Pl.'s Request for Hearing/Oral Argument on Defs.' Mot. for Summ. J. (ECF No. 127). The Court granted that motion, Order (ECF No. 128), and heard oral arguments on March 14, 2023. Min. Entry (ECF No. 137).

II. FACTS⁵

A. The Parties

Adrianna Wadsworth is a woman in her early twenties who attended MVHS, a school located within the District, between 2014 and 2018. PSAMF ¶¶ 1-2; DRPSAMF ¶¶ 1-2; DSMF ¶¶ 3-4; PRDSMF ¶¶ 3-4. At all pertinent times, Ms. Wadsworth was under the age of 18. PSAMF ¶ 5; DRPSAMF ¶ 5.

RSU 40, formerly MSAD 40, is a Maine school district that encompasses the towns of Friendship, Union, Waldoboro, Warren, and Washington. DSMF ¶ 1; PRDSMF ¶ 1. Stephen Nolan is the Superintendent of RSU 40 and has held that position since 2014. DSMF ¶ 2; PRDSMF ¶ 2. The Superintendent of RSU 40 is the direct supervisor of the principal of MVHS and the principal of MVHS is the direct supervisor of the assistant principals, but assistant principals do not have disciplinary authority over the principal. DSMF ¶¶ 10, 12-13; PRDSMF ¶¶ 10, 12-13. The Superintendent of RSU 40 has the power to nominate candidates to the School Board for approval for a building principal position, as well as the power to initiate an investigation into a principal's conduct, impose discipline short of dismissal, and recommend that the School Board dismiss a principal. DSMF ¶ 11; PRDSMF ¶ 11. Linda Pease was an Assistant Principal at MVHS from 2015 until she became the Interim Principal in late 2017 and then the Principal in the fall of 2018. DSMF ¶ 7; PRDSMF ¶ 7. Tamra Philbrook is currently an Assistant Principal at MVHS and has held that position for approximately eleven years. DSMF ¶ 8; PRDSMF ¶ 8.

Defendant Andrew Cavanaugh was the Principal of MVHS from 2015 until he resigned in December of 2017, and during this time he was also designated as MVHS' Affirmative Action Coordinator. PSAMF ¶ 3; DRPSAMF ¶ 3; DSMF ¶ 5; PRDSMF ¶ 5. Prior to 2015, Mr. Cavanaugh was an Assistant Principal at MVHS for approximately nine years. DSMF ¶ 6; PRDSMF ¶ 6.

Defendant Chuck Nguyen was employed as a social worker at MVHS during the four years that Ms. Wadsworth was a student there. DSMF ¶ 9; PRDSMF ¶ 9.

B. Andrew Cavanaugh's Alleged Harassment of Adrianna Wadsworth

During Ms. Wadsworth's junior and senior years of high school (starting in the fall of 2016), Mr. Cavanaugh repeatedly subjected her to unwanted conduct of a sexual nature, involving sexually charged and inappropriate comments, text messages, and gifts.⁶ PSAMF ¶ 3; DRPSAMF ¶ 3. While some RSU 40 employees witnessed instances of Mr. Cavanaugh's inappropriate conduct towards Ms. Wadsworth, Mr. Cavanaugh was not investigated or disciplined until November 2017.⁷ PSAMF ¶ 6; DRPSAMF ¶ 6.

1. Adrianna Wadsworth's Initial Encounters with Andrew Cavanaugh

In the spring of 2016, when Ms. Wadsworth was a sophomore at MVHS, she was caught drinking alcohol at a party and, as a result, she was sent...