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A.W. v. New York Dep't. of Educ.

Autistic Minor's Respondeat Superior Claim Against Department of Education Survives

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MEMORANDUM & ORDER Plaintiff A.W., by his father and legal guardian E.W., commenced the above-captioned action against Defendants the New York Department of Education (the “DOE”) and Aries Baluyot, a paraprofessional employed by the DOE, on December 13, 2019.1 (Compl., Docket Entry No. 1.) Plaintiff asserts claims pursuant to 42 U.S.C. §1983 against Baluyot for unlawful seizure, substantive due process violations, equal protection violations, and excessive force, as well as state law claims for assault, battery, and false imprisonment. (Second Am. Compl. (“SAC”), Docket Entry No. 25.) Plaintiff also asserts that the DOE is liable for the state law claims against Baluyot under a theory of respondeat superior. (SAC

73-78.) Plaintiff seeks compensatory and punitive damages for the assault Plaintiff allegedly suffered from Baluyot on December 17 and 18 of 2018. (See id. 2; id. at 11-12.) The DOE moves for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, as to Plaintiff’s respondeat superior claim against the DOE.2 The DOE contends that Baluyot’s alleged conduct was unrelated to his role as a DOE employee, and therefore, even if such conduct occurred, the DOE cannot be held liable. (Def.’s Mem. 1.) For the reasons set forth below, the Court denies the DOE’s motion for summary judgment. I. Background a. The parties Plaintiff A.W. is a minor diagnosed with mild to moderate autism, is minimally verbal, struggles to communicate, and has a limited vocabulary.3 (Pl.’s 56.1

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