Reid v. Freeport Public School District et al
| Naudia Reid |
| Renee Crump-Dedmon, Jane Doe, Jane Does, Freeport Public School District, Kishore Kuncham and New Visions Magnet School |
| 2:2014cv04215 |
| July 9, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Arthur D. Spatt |
| Civil Rights: Education |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| None |
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Filing
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DECISION AND ORDER granting 3 Motion to Dismiss; In this case, as disconcerting and troubling as the allegations leveled against the Defendants are, the Court finds that the Plaintiff has failed to plead a cause of action under federal law agains t the Freeport Defendants. In particular, as noted above, while the Plaintiff adequately pleads egregious and offensive conduct that shocks the conscience for purposes of a substantive due process violation, the Courts are in agreement that the speci al relationship doctrine does not apply to a school setting. Further, the Plaintiff fails to adequately plead a state-created danger theory of liability, which requires a finding of affirmative conduct on the part of the Defendant, usually acting in direct concert with the perpetrator. Accordingly, the Court grants the Freeport Defendants Rule 12(b)(6) motion to dismiss the complaint and dismisses the complaint as against them. The Plaintiffs state law claims, however, are dismissed without prej udice to being refiled in state court. See Eskenazi-McGibney, 2015 WL 500871, at *16 (declining, after dismissing federal claims, to exercise supplemental jurisdiction over state law claims and dismissing those claims without prejudice to being refil ed in state court); Mathie v. Womack, No. 14-CV-6577 (JS)(GRB), 2015 WL 419802, at *3 (E.D.N.Y. Jan. 29, 2015)(same). As noted above, the claims against the remaining defendants are dismissed under Rule 4(m) without prejudice. The Clerk of the Court is respectfully directed to close this case. So Ordered by Judge Arthur D. Spatt on 3/2/2015. Copy forwarded to Judgment Clerk. (Coleman, Laurie)
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