Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

D.B. v. Montana

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
(NEW) COMMERCIAL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA OR Miami, FL)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›
Real Estate Attorney

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›
Attorney

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements