Weixel v. Board of Educ. of City of New York, Docket No. 00-9149.
| Decision Date | 29 March 2002 |
| Docket Number | Docket No. 00-9150.,Docket No. 00-9149. |
| Citation | 287 F.3d 138 |
| Parties | Frances WEIXEL and Rose Weixel, Plaintiffs-Appellants, v. The BOARD OF EDUCATION OF THE CITY OF NEW YORK; Community School District Two in the City of New York; Junior High School 104 in Manhattan; Office of Pupil Personnel Services, Community School District Two in Manhattan; Office of Student Health Services, Community District Two in Manhattan; Office of Student Support Services, The Board of Education of the City of New York; The Board of Education Office of Equal Opportunity; The Local Office of Equal Opportunity, Community School District Two in Manhattan; Ms. Marjorie Struk, Principal, JHS 104 in Manhattan; Ms. Joan Stockhamer, Guidance Counselor, JHS 104 in Manhattan; Ms. Rosemary Gaetani, Assistant Principal, JHS 104 in Manhattan; Mr. Anthony Alvarado, Superintendent, Community School District Two in Manhattan; Marge Robbins, Director, Office of Pupil Personnel Services, Community School District Two in Manhattan; Ms. Georganne Del Canto, Former Director, Office of Student Support Services, The Board of Education; Mr. Fred Kaeser, Coordinator of Student Health Services, Community School District Two in Manhattan; Ms. Tanya Lewis, Director, Board of Education Office of Equal Opportunity; Ms. Lorraine Smith, Local Coordinator, Local Office of Equal Opportunity, Community School District Two in Manhattan, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Second Circuit |
Lawrence T. Kass, Milbank, Tweed, Hadley & McCloy LLP, New York, NY, (Russell E. Brooks, Douglas W. Henkin on the brief), for Plaintiffs-Appellants.
A. Orli Spanier, Assistant Corporation Counsel, Corporation Counsel of the City of New York (Michael D. Hess, Corporation Counsel of the City of New York, Kristin M. Helmers, Assistant Corporation Counsel, of counsel, on the brief), New York, NY, for Defendants-Appellees.
Before POOLER and KATZMANN, Circuit Judges, and HURD, District Judge.*
Plaintiff-appellants Rose Weixel ("Rose") and her mother, Frances Weixel, ("Ms. Weixel") (collectively, "plaintiffs") appeal from an August 8, 2000, judgment of the United States District Court for the Southern District of New York (Deborah A. Batts, District Judge) that dismissed plaintiffs' amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. See Weixel v. Board of Educ. of City of New York, No. 97-CV-9367, 2000 WL 1100395 (S.D.N.Y., August 7, 2000). Because we find that the district court failed to construe the plaintiffs' pro se complaint liberally, and because we find that plaintiffs have stated claims for relief under several of their causes of action, we reverse as to the district court's dismissal of plaintiffs' causes of action under the Rehabilitation Act, the Americans with Disabilities Act ("ADA"), the Individuals with Disabilities in Education Act ("IDEA"), and Section 1983, and we direct the district court to consider plaintiffs' substantive and procedural due process claims, conspiracy claims under 42 U.S.C. § 1985, and their supplemental state law claims. However, we affirm as to the dismissal of their claims under the Equal Protection Clause of the Fourteenth Amendment and the Federal Educational Rights and Privacy Act of 1974 ("FERPA").
Cases involving pro se plaintiffs pose a difficult dilemma for a district court. While courts are required to read a pro se pleading to suggest the strongest arguments that can be made, they must refrain from trying the litigant's case for him or her, or from reading necessary facts into the pleadings. District courts are often presented with the quandary of whether or not to consider legal theories suggested by the facts, but not raised or argued by either party. This appeal poses no such dilemma. Even a relatively conservative reading of the plaintiffs' amended complaint in the light most favorable to them reveals that the district court erred in dismissing all of their claims because many of their causes of action are viable.
The following are the facts as stated in the plaintiffs' amended complaint, which we take to be true.
During the 1993-94 school year, Rose Weixel was twelve years old and in seventh grade at JHS 104. During the second week of January 1994, Rose became chronically sick with infected tonsils, swollen glands, muscle and joint pains, headaches, nausea, abdominal pains, exhaustion, and intermittent fever. Because of her illness, Rose was unable to attend school. During this period, Ms. Weixel kept in frequent contact with Rose's guidance counselor, defendant Joan Stockhamer ("Stockhamer"), concerning Rose's absence from school.
On March 10, 1994, the principal of JHS 104, defendant Marjorie Struk ("Struk"), instructed Ms. Weixel that, if Rose were not returned to school full-time the following day, Struk would file negligence charges against Ms. Weixel with the Child Welfare Administration ("CWA"). When Rose indicated that she was not well enough to return to school, Stockhamer threatened her with removal from her home if she did not comply.
Ms. Weixel returned Rose to school in reliance on Struk's agreement that Rose would not be forced to climb stairs if she felt too sick and she would be able to lie down on a couch if she felt in need of rest. Neither of these requests were honored. On March 15, 1994, Rose was forced to climb to the fourth floor under protest and Struk failed to respond to numerous calls from a science teacher to help Rose out of class. Ms. Weixel went to the school at lunch to check on Rose, and found her sitting in a chair in the office area. Rose was crouched over in severe abdominal pain and crying.2
Ms. Weixel took Rose home from school and thereafter submitted a note from her pediatrician, Dr. Max Kahn, documenting Rose's disability and inability to attend school. The next day, Struk again threatened Ms. Weixel with CWA charges unless Rose were brought to school for academic, social and psychological evaluations. On March 17, Ms. Weixel submitted a physician's note that indicated Rose had symptoms of chronic fatigue syndrome ("CFS") and fibromyalgia. When Ms. Weixel submitted this note to Struk, Struk threatened her with losing custody of Rose. This charge was repeated to Rose's father later that same day.
On March 20, Rose and Ms. Weixel were at school awaiting one of Rose's evaluations when a Board of Health worker took notice of Rose's unwell state and asked why she was at school instead of at home. Ms. Weixel explained the situation and showed the worker Rose's medical records. The worker photocopied Rose's records and offered to help Rose obtain home instruction. Stockhamer then interrupted the conversation, insisting that the health worker needed to see the principal immediately, and escorted the worker from the room before Ms. Weixel could get her name. When Ms. Weixel called the director of Student Health Services at Community School District Two, Fred Kaeser ("Kaeser"), later that day and requested the worker's name, he did not assist her. Instead, Kaeser consulted with Struk, then called Ms. Weixel back and told her, "You don't need her name."
Despite having medical notes in her possession, Struk then followed through on her threats to refer Ms. Weixel to CWA for educational neglect.3 Ms. Weixel was then subjected to an intrusive and unnecessary investigation as she faced the possibility that Rose would be removed from her home. The CWA proceedings were traumatic for both Ms. Weixel and Rose.
On March 25, 1994, Rose's diagnosis of CFS was confirmed by an immunologist. Rose was prescribed anti-inflammatory medication for fibromyalgia and her CFS was treated with injections of gamma globulin. Rose also received treatment from another doctor, Dr. Ilana Goldman, for CFS and digestive problems. This treatment consisted of immuno-therapy, nutritional supplementation and natural remedies. Ms. Weixel provided documentation concerning this diagnosis and the prescribed treatments to Struk.
After receiving these additional medical records, Stockhamer contacted Rose's doctors and urged them to change their diagnoses. In March of 1994, she contacted Rose's chiropractor, Dr. Howard Benedikt and told him that Ms. Weixel had been charged with negligence and claimed that he would have to appear in court where, Stockhamer threatened, the diagnosis of CFS and fibromyalgia would be "torn to shreds." Later, on May 9, 1994, Stockhamer contacted Rose's treating physician and slandered Rose by claiming that she had a "personality disorder." Stockhamer also claimed falsely that three other doctors had examined Rose and diagnosed her with "school phobia." In addition, Stockhamer stated that Ms. Weixel was charged with negligence.
On June 14, 1994, a child advocate attorney wrote to the Board of Education's director of Student Health Services to request disability accommodations for Rose. The attorney also noted the school's repeated violations of its confidentiality obligations. When Ms. Weixel went to the school on June 28, 1994 to gather information on Rose's curriculum, Stockhamer instructed Rose's teachers not to cooperate with her, and Struk ordered security to expel Ms. Weixel from the building. Despite the school's unwillingness to help, Ms. Weixel finally obtained 20 days of home instruction for Rose in August 1994. Rose completed her seventh grade curriculum with outstanding grades in advanced math and other subjects. As a result of this academic achievement, Rose became entitled to placement in Regents-level eighth grade.
In September 1994, Rose was well enough to return to school. Ms. Weixel provided Stockhamer with a copy of the report card issued by Rose's home school instructor and requested an appropriate placement for Rose. Struk refused to recognize Rose's...
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