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D.B. v. Montana

Despite Federal Claims' Dismissal Court Has Supplemental Jurisdiction in Rights Case

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs D.B. and C.P. bring this action asserting various claims against Defendants Michael Montana, Jamie Murphy, Joseph Aiello, Ryan Smith, and Scott Diego, and five John and Jane Doe defendants, based upon events that occurred while each Plaintiff was a resident at the Taberg Residential Center for Girls. (See Dkt. No. 33). Presently before the Court is Defendants’ motion pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss all of D.B.’s claims on the ground that the Court does not have supplemental jurisdiction over D.B.’s state-law claims. (Dkt. No. 45). Plaintiffs have opposed the motion, (Dkt. No. 46), and Defendants have responded, (Dkt. No. 48). For the following reasons, Defendants’ motion is denied. II. BACKGROUND The Court assumes familiarity with the facts and procedural history set forth in its Memorandum-Decision and Order on Defendants’ motion to dismiss and Plaintiffs’ cross-motion to amend. Doe v. NYS Office of Children & Family Servs., No. 20-cv-1195, 2021 WL 2826457, 2021 U.S. Dist. LEXIS 125965 (N.D.N.Y. July 7, 2021). The Court sets forth only a brief summary of the allegations of Plaintiffs’ Amended Complaint here. Taberg Residential Center for Girls is a “limited secure facility,” where “juveniles can be placed pursuant to order of” New York Courts. (Dkt. No. 33, 12). Defendants Montana, Diego, Murphy, Aiello, and Smith were employed by Taberg while Plaintiffs were residents there, as “correctional or security officers, juvenile counselors, [or] mentors.” (Id.

17-21, 29). Plaintiff D.B. was a “juvenile resident” at Taberg from July 2014 to October 2015, and C.P. was a “juvenile resident” “on various occasions” from January 2014 to October 2018. (Id.

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