X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER INTRODUCTION Plaintiff DS (“Plaintiff DS”) and Plaintiff CS (“Plaintiff CS”) (collectively “Plaintiffs”) commenced this action against Defendants Rochester City School District (“RCSD”), the Board of Education of the RCSD (“BOE”), Barbara Deane-Williams, Karl Kristoff, Fatimat Reid, Sheelarani Webster, Charles Smith, Kim Garlock, Amy Martin, Nancy Resto, Shelly Boyd, Jessica Flanders, Elizabeth Caveny, Nicole McCoy, Megan Carlett, Valerie Torregrossa, Yolanda Asamoah-Wade, Idonia Owens, and Erica Deming, alleging federal claims pursuant to Title VI and 42 U.S.C. §1983 and a state law claim for negligent supervision, arising from incidents at Plaintiff DS’s elementary school. (Dkt. 48). Pending before the Court is a renewed motion to dismiss filed by Defendants RCSD, BOE, Barbara Deane-Williams, Karl Kristoff, Fatimat Reid, Sheelarani Webster, Charles Smith, Kim Garlock, Amy Martin, Nancy Resto, Shelly Boyd, Jessica Flanders, Elizabeth Caveny, Nicole McCoy, Megan Carlett, Yolanda Asamoah-Wade, Idonia Owens, and Erica Deming (i.e., all defendants except Valerie Torregrossa) (collectively “Defendants”), pursuant to Rules 11 and 12(b)(6) of the Federal Rules of Civil Procedure.1 In a Decision and Order dated November 30, 2020 (“D&O”), the Court granted Defendants’ prior motion to dismiss Plaintiffs’ complaint but permitted Plaintiffs leave to amend. (Dkt. 38). The sufficiency of Plaintiffs’ amended complaint (Dkt. 48) is now before the Court on the instant motion to dismiss (Dkt. 51). For the reasons set forth below, Defendants’ motion is granted in part and denied in part. FACTUAL BACKGROUND The following facts are taken from the amended complaint. (Dkt. 48). The factual background of this case is set forth in detail in the D&O, familiarity with which is assumed for purposes of this Decision and Order. The Court summarizes the key details below and includes relevant factual additions from the amended complaint. As is required at this stage of the proceedings, the Court treats Plaintiffs’ allegations as true. Plaintiff DS is a child residing in the City of Rochester, New York, with her mother, Plaintiff CS. (Id. at 4). Plaintiff DS and Plaintiff CS are white. (Id.). Plaintiff DS attended School No. 58, a public school in the RCSD known as World of Inquiry, where the ratio of black and Hispanic children to white children is approximately seven to one. (Id.at

4, 42). The allegations in the amended complaint arise from incidents occurring at School No. 58. Plaintiff DS began attending School No. 58 in the fall of 2016 for her third-grade school year. (Id. at 39). Prior to the 2016 presidential election, Plaintiff DS’s teacher, Defendant Flanders, conducted a mock election and asked each of the children for whom they would cast their vote to be President of the United States. (Id. at 44). Plaintiff DS stated that she would vote for Donald Trump, whereas her other classmates supported Hillary Clinton’s candidacy. (Id. at 45). As a result of Plaintiff DS’s mock vote, she was perceived by her classmates to be racist and sympathetic to white supremacists. (Id. at 46). Plaintiff DS’s classmates called Plaintiff DS and Plaintiff CS racist and told Plaintiff DS that “only white people vote for Trump and if you vote for Trump, you are a racist.” (Id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›