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Bundy v. Broome-Tioga Bd. of Coop. Educ. Servs.

Apart From ADA Protections, No Constitutional Basis Exists for §1983 Rights Breach Claim

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MEMORANDUM DECISION AND ORDER I. Introduction   Plaintiff Maggie Bundy brings this action against defendants Broome-Tioga Board of Cooperative Educational Services (BOCES), Kelly Sunderlin, Annette Varcoe, Ilene Monaco, and Robin Eccleston, alleging claims pursuant to 42 U.S.C. §1983, the Americans With Disabilities Act (ADA),1 and New York state law. (Compl., Dkt. No. 2.) Pending is defendants’ motion to dismiss.2 (Dkt. No. 4.) For the reasons that follow, the motion is granted. II. Background A. Facts3 From 2012 to 2015, Bundy attended classes with BOCES, a municipal corporation which provides educational services to school districts, including programs for handicapped students. (Compl.

2, 8.) As a student, Bundy “was classified as other health impaired and had multiple disabilities including deficits in…short term memory [and] working memory, [and had] language delays and physical issues including a congenital heart condition.” (Id. 9.) In January 2018, Bundy was hired as a teacher’s aide with BOCES. (Id. 11.) From January 2018 until May 2018, Bundy “satisfactorily fulfilled her employment responsibilities and was both happy and confident in carrying out her duties.” (Id. 12.) In the fall of 2018, two weeks after being assigned to one class, Bundy was transferred to work in special education teacher Sunderlin’s class, which had eight students “who were emotionally [a]utistic and nonverbal.” (Id.

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