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M.R. v. Rispole

Court Dismisses Equal Protection Claim for Failure to Show Discriminatory Intent

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On July 19, 2022, M.R. and D.R. (collectively, “Plaintiffs”) commenced this civil rights action on behalf of G.R., a minor. Dkt. No. 1 (“Complaint”). Plaintiffs assert a single claim under 42 U.S.C. §1983, alleging a Fourteenth Amendment equal protection violation against Joseph Rispole (“Coach Rispole”), Matthew Stein (“AD Stein”), and Joseph Corr (“Superintendent Corr”) (collectively, “Defendants”). Defendants now move for summary judgment, Dkt. No. 17-1 (“Motion”), and have provided a statement of material facts, Dkt. No. 17-2 (“Statement of Material Facts” or “SMF”). Plaintiffs have filed a response, Dkt. No. 20 (“Response”), and a response to the Statement of Material Facts, Dkt. No. 20-7 (“Response to Statement of Material Facts” or “RSMF”). Defendants have filed a reply, Dkt. No. 21 (“Reply”), and Plaintiffs have filed a sur-reply, Dkt. No. 24 (“Sur-Reply”). For the reasons that follow, Defendants’ Motion is granted in part and denied in part. II. BACKGROUND The factual background of this case is taken from the allegations in the Complaint, and the facts asserted in the Statement of Material Facts and Response to Statement of Material Facts. Disputes in factual record are noted below. M.R. and D.R. are the parents of G.R., a former student at North Colonie Central School District (“District”). See SMF 8; RSMF 8. According to the Complaint, “M.R. is Caucasian, D.R. is African American[,] and G.R. identifies as bi-racial and is so regardant by [D]efendants as well as his peers.” Compl. 1. At the time of the events of this litigation, Superintendent Corr served as the District’s Superintendent of Schools; AD Stein served as the District’s Director of Health, Physical Education, and Athletics; and Coach Rispole served as a teacher and the head coach of the District’s varsity baseball team. See SMF

14-16; RSMF

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