Killoran v. Westhampton Beach Sch. Dist.

MEMORANDUM & ORDER   This matter is one of a series of actions Plaintiff Christian Killoran (“Killoran” or “Plaintiff”) has brought against defendant Westhampton Beach School District (“Westhampton” or “Defendant”) on behalf of his son, A.K.¹ (Compl., D.E. 1-1.) Here, Killoran alleges a due process violation in connection with his desire to have a non-party entity film one of A.K.’s educational hearings. Before the Court is Defendant’s motion to dismiss the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Def. Mot., D.E. 16; Def. Br., D.E. 16-8; Pl. Opp., D.E. 17; Def. Reply, D.E. 18.) For the following reasons, Defendant’s motion is GRANTED. BACKGROUND² A.K., sixteen years old at the time of the Complaint, has Downs Syndrome and “remains immersed in…local administrative due process proceeding[s] concerning…his battle for inclusion within [Westhampton.]” A hearing was scheduled for May 9, 2020. (Compl.

1-3.) The Complaint does not specify the subject of the May 9 hearing aside from the general “battle for inclusion.” Plaintiff requested that the hearing be open to the public. (Compl. 5.) He also requested that nonparty Rota6 Films, who is allegedly creating a documentary on educational inclusion, be permitted to film the hearing. (Compl.