DP v. SCHOOL BD. OF PALM BEACH COUNTY

658 F.Supp.3d 1187

D. P., et al., Plaintiffs, v. SCHOOL BOARD OF PALM BEACH COUNTY, et al., Defendants.

CASE NO. 21-81099-CIV-CANNON/Reinhart

United States District Court, S.D. Florida, West Palm Beach Division

Signed February 23, 2023

Ann Marie Cintron-Siegel, Molly Jean Paris, Disability Rights, Fort Lauderdale, FL, Evian Lynn White De Leon, Samuel Turner Silk Boyd, Carli Sean Raben, Bacardi L. Jackson, Southern Poverty Law Center, Miami, FL, Melissa Marie Duncan, Legal Aid Society of Palm Beach County, West Palm Beach, FL, Shahar Vinayi Pasch, West Palm Beach, FL, Caroline Jozefczyk, Pro Hac Vice, King & Spalding LLP, Atlanta, GA, Hannah Benton Eidsath, Pro Hac Vice, Nina Monfredo, Pro Hac Vice, National Center for Youth Law, Washington, DC, Joshua C. Toll, Pro Hac Vice, King & Spalding LLP, Washington, DC, Jean Strout, Pro Hac Vice, Joshua Nomkin, Pro Hac Vice, Luke R. Sandor, Pro Hac Vice, Rachel Velcoff Hults, Pro Hat Vice, National Center for Youth Law, Oakland, CA, Stephanie Horwitz, Pro Hac Vice, National Center for Youth Law, El Segundo, CA, for Plaintiffs D. P., P. S., E. S., J. S., W. B., L. H., M. S., S. S., R. S.

Ann Marie Cintron-Siegel, Molly Jean Paris, Disability Rights, Fort Lauderdale, FL, Evian Lynn White De Leon, Samuel Turner Silk Boyd, Carli Sean Raben, Bacardi L. Jackson, Southern Poverty Law Center, Miami, FL, Melissa Marie Duncan, Legal Aid Society of Palm Beach County, West Palm Beach, FL, Shahar Vinayi Pasch, West Palm Beach, FL, Caroline Jozefezyk, Pro Hac Vice, King & Spalding LLP, Atlanta, GA, Hannah Benton Eidsath, Pro Hac Vice, Nina Monfredo, Pro Hac Vice, National Center for Youth Law, Washington, DC, Joshua C. Toll, Pro Hac Vice, King & Spalding LLP, Washington, DC, Jean Strout, Pro Hac Vice, Rachel Velcoff Hults, Pro Hac Vice, National Center for Youth Law, Oakland, CA, for Plaintiffs L. A., A. B.

Ann Marie Cintron-Siegel, Molly Jean Paris, Disability Rights, Fort Lauderdale, FL, Evian Lynn White De Leon, Samuel Turner Silk Boyd, Carli Sean Raben, Bacardi L. Jackson, Southern Poverty Law Center, Miami, FL, Melissa Marie Duncan, Legal Aid Society of Palm Beach County, West Palm Beach, FL, Shahar Vinayi Pasch, West Palm Beach, FL, Hannah Benton Eidsath, Pro Hac Vice, National Center for Youth Law, Washington, DC, Joshua C. Toll, Pro Hac Vice, King & Spalding LLP, Washington, DC, Jean Strout, Pro Hac Vice, Rachel Velcoff Hults, Pro Hac Vice, National Center for Youth Law, Oakland, CA, for Plaintiff Disability Rights Florida.

Laura Esterman Pincus, West Palm Beach, FL, Jon Erik Bell, Sean Christian Fahey, The School District of Palm Beach County, West Palm Beach, FL, Lisa A. Carmona, Office of General Counsel, West Palm Beach, FL, Danielle A. Sherriff, Lesser Lesser Landy and Smith, West Palm Beach, FL, Patricia Morales Christiansen, A. Patricia M. Christiansen, P.A., West Palm Beach, FL, Melissa M. Lewis, Legal Aid Society of Palm Beach County, Palm Beach Gardens, FL, for Defendant School Board of Palm Beach County.

Jon Erik Bell, Sean Christian Fahey, The School District of Palm Beach County, West Palm Beach, FL, for Defendants Dr. Donald Fennoy, II, Daniel Alexander, Officer Jose Cuellar, Officer Howard Blocher, Officer Johnny Brown, Officer Jordan Lauginiger.

Eric Lawrence Stettin, Weiss Serota Helfman Cole & Bierman PL, Fort Lauderdale, FL, Jon Erik Bell, School District of Palm Beach County West Palm Beach, FL, Charles Mark Garabedian, Jr., Morgan, Lewis & Bockius LLP, Miami, FL, Kaitlyn Nicole Kelley, Weiss Serota Helfman Cole and Bierman, Coral Gables, FL, for Defendant Officer Joseph M. Margolis, Jr.

ORDER ACCEPTING CONCLUSIONS IN MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [ECF No. 73] AND DISPOSING OF OTHER MOTIONS

AILEEN M. CANNON, UNITED STATES DISTRICT JUDGE

THIS CAUSE comes before the Court upon Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (the "Motion") [ECF No. 45], filed on August 19, 2021. On August 20, 2021, the Court referred the Motion to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation [ECF No. 46]. On December 14, 2021, Judge Reinhart issued a Report (the "Report") recommending that Defendants' Motion be granted in part and denied in part [ECF No. 73 pp. 1, 75-76]. Neither party has filed an objection to the Report, and the time to do so has expired.

Upon review, the Court agrees with the conclusions in the Report. The Court takes no position on the ultimate merits of Plaintiffs' claims but simply determines that, under the standards of Federal Rule of Civil Procedure 12(b)(6), Plaintiffs have alleged sufficient facts to withstand Defendants' Motion to Dismiss on certain Counts in the Amended Complaint.

Accordingly, it is hereby ORDERED and ADJUDGED as follows:

1. The Report [ECF No. 73] is ACCEPTED.

2. The Motion [ECF No. 45] is GRANTED IN PART AND DENIED IN PART.

3. Plaintiff Florida State Conference of the National Association for the Advancement of Colored People's ("FL NAACP") claims against Defendant School Board of Palm Beach County are DISMISSED WITHOUT PREJUDICE for lack of standing.¹

4. Counts VI-VIII and XIII of the Amended Complaint [ECF No. 31] are DISMISSED WITHOUT PREJUDICE on shotgun pleading grounds.

5. As to Counts VI-XVIII of the Amended Complaint [ECF No. 31], the Section 1983 claims brought against Defendant School Board of Palm Beach County, the Motion to Dismiss is DENIED.

6. As to Counts IX-XII and XIV-XVIII of the Amended Complaint [ECF No. 31] brought against Defendants Officer Jose Cuellar, Officer Howard Blocher, Officer Johnny Brown, Officer Jordan Lauginiger, and Officer Joseph M. Margolis, Jr. ("Officer Defendants") the Motion to Dismiss is GRANTED and those Counts are DISMISSED WITH PREJUDICE as to the individually named Officer Defendants because they are entitled to qualified immunity.

7. As to Counts VI-VIII and XIII of the Amended Complaint [ECF No. 31], the Motion to Dismiss is DENIED with respect to the individually named Officer Defendants because the Amended Complaint seeks injunctive relief only for these Counts, to which qualified immunity does not apply.

8. As to Counts I, III, and V-XVIII of the Amended Complaint [ECF No. 31] brought against Defendants Superintendent Dr. Donald E. Fennoy, II and Police Chief Daniel Alexander, the Motion to Dismiss is GRANTED, and those counts are DISMISSED WITH PREJUDICE as to Defendants Fennoy and Alexander.

9. As to Counts I-V of the Amended Complaint [ECF No. 31], the Americans with Disabilities Act, Rehabilitation Act, and Florida Educational Equity Act claims brought against Defendant School Board of Palm Beach County, the Motion to Dismiss is DENIED.

10. All claims brought by Plaintiffs A.B. and L.A., individually, against Defendants were previously dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure [ECF Nos. 99, 100]. All claims brought by Plaintiffs D.P. and P.S. against Defendant Joseph Margolis were also dismissed [ECF No. 121].

11. Plaintiffs are granted leave to amend the Amended Complaint [ECF No. 31] one final time, if they so choose, consistent with the instructions in the Report [ECF No. 73 pp. 73-74]. Any amended Complaint is due on or before March 13, 2023.

12. The parties' February 24, 2023, deadline to file pre-trial motions, including motions for summary judgment [ECF No. 138 p. 2], is hereby STAYED pending possible repleading of the Amended Complaint.

13. On or before March 3, 2023, Plaintiff shall file a Notice indicating its intent to replead and/or to proceed on the Amended Complaint as narrowed by this Order.

14. Defendants' Motion to File Certain Exhibits to Defendants' Motion for Summary Judgment under Seal [ECF No. 144] is DENIED WITHOUT PREJUDICE. The parties' Motions for Leave to File Excess Pages [ECF No. 145, 147] are DENIED WITHOUT PREJUDICE. The parties may refile these motions as necessary in conjunction with pre-trial motions to be set by separate Order.

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 23rd day of February 2023.

REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS (ECF No. 45)

BRUCE E. REINHART, UNITED STATES MAGISTRATE JUDGE

Defendants School Board of Palm Beach County, Florida ("School Board"), Superintendent Dr. Donald E. Fennoy, II, Police Chief Daniel Alexander, Officer Jose Cuellar, Officer Howard Blochar, Officer Johnny Brown, Officer Jordan Lauginiger (collectively with the School Board, "School Board Defendants"), and Officer Joseph M. Margolis, Jr. move to dismiss the Plaintiff's First Amended Complaint ("FAC") for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). For the reasons discussed below, it is RECOMMENDED that the Motion to Dismiss be GRANTED in part and DENIED in part.

Judge Cannon referred the Motion to Dismiss to me for appropriate disposition. ECF No. 46. I have reviewed the FAC (ECF No. 31), Defendant's Motion to Dismiss (ECF No. 45), Plaintiff's Response (ECF No. 50), and Defendant's Reply (ECF No. 54). This matter is now ripe for decision.

BACKGROUND

The Plaintiffs in this case are five students under the age of eighteen enrolled in the School District of Palm Beach County (D.P., E.S., L.A., W.B., and M.S., collectively, "Student Plaintiffs"), their respective legal guardians (P.S., J.S., A.B., L.H., S.S., and R.S., collectively, "Parent Plaintiffs"), Disability Rights of Florida ("DRF") and Florida State Conference of the National Association for the Advancement of Colored People ("FL NAACP"). The factual background given below has been drawn from allegations in the FAC which, on a motion to dismiss, the court must credit as true. See Instituto de Prevision Militar v. Merrill Lynch, 546 F.3d 1340, 1342 (11th Cir. 2008).

The Student Plaintiffs were ages eight to eleven years old at the time of the incidents that led to this lawsuit. Each has been diagnosed with varying disabilities including Autism Spectrum Disorder ("ASD"), Attention Deficit Hyperactivity Disorder ("ADHD"), Dyslexia,...