Griffin v. Sanders

KATHRYN A. GRIFFIN, Plaintiff,

v.JENNIFER SANDERS, et al., Defendants.

Civil Case No. 11-CV-12289

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Dated: July 19, 2013

HON. MARK A. GOLDSMITH

OPINION AND ORDER

GRANTING IN PART AND DENYING IN PART

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DKT. 67)

I. INTRODUCTION

In this civil rights case, Plaintiff Kathryn A. Griffin alleges that she was subject to disability discrimination, sex discrimination, negligence, and various assaults at schools she attended. The matter before the Court is Defendants' motion for summary judgment (Dkt. 67), which seeks summary judgment in their favor as to all of Plaintiff's claims. The motion is fully briefed, and oral argument was heard on January 17, 2013. For the reasons that follow, the Court will grant in part and deny in part Defendants' motion.

II. BACKGROUND

Plaintiff Kathryn A. Griffin is a mentally incompetent individual who suffers from a variety of serious physical and mental disabilities.¹ 10/14/2008 Robertson Letter (Dkt. 69-6).Plaintiff's parents enrolled her in schools within the Genesee Intermediate School District (GISD). Plaintiff attended the Elmer Knopf Learning Center (EKLC) from 2005-2008 and Clio High School from 2009-2010. Plaintiff's allegations arise from the conduct of employees at both schools, which Plaintiff maintains led to injury as a result of her falling down and being assaulted. The Court first addresses Plaintiff's attendance at EKLC and then reviews her time at Clio High School.

Relevant to this lawsuit is Plaintiff's attendance at EKLC from 2006-2008. During this time frame, one of Plaintiff's teachers was Defendant Jennifer Sanders. Sanders Dep. at 5 (Dkt. 67-3). Defendant Evelyn Tereau, a para-educator, worked in Sanders' classroom and assisted with Plaintiff's education. Tereau Dep. at 5 (Dkt. 67-7).

EKLC is a specialized school for students with moderate to profound cognitive impairments. Jeanne Quinlan Dep. at 95 (Dkt. 67-4). Every student at EKLC has an individualized educational program (IEP), which is specifically tailored to each student. Id. at 96. For example, if a student has a physical impairment, the IEP can address the student's needs through physical therapy, or provision of a walker or wheelchair. Id. at 98. Parents participate in the creation of their child's IEP, as was the case here, where Plaintiff's mother, Lynn Griffin, sat on the committee that prepared Plaintiff's annual IEPs, all of which she approved. Griffin Dep. at 150 (Dkt. 67-12).

One of the IEPs prepared during Plaintiff's attendance at EKLC recognized her susceptibility to falling, but did not mandate any particular technique or practice to address that issue. 3/20/2007 IEP (Dkt. 67-15). Both the school and Plaintiff's mother wanted Plaintiff to be encouraged to walk at school. Griffin Dep. at 106-108. Aware of Plaintiff's unsteady gait,EKLC school staff stayed in relatively close proximity to Plaintiff when she would walk. Sanders Dep. at 48-49. Despite these precautions, Plaintiff fell on at least twenty-one occasions when she attended EKLC, resulting in injuries, such as skinned knees and chipped teeth. Accident Reports (Dkt. 69-7).

In addition to Plaintiff's falls at EKLC, Plaintiff also complains of abuse at the hands of three individuals: an unnamed autistic student, Sanders, and Tereau. Defendants dispute whether these episodes occurred in the manner Plaintiff alleges.

Regarding the alleged attack by the autistic student, Plaintiff maintains that, at some unspecified time during Plaintiff's time at EKLC, Plaintiff was "beaten up" by an unnamed autistic student. The basis for this is testimony of Lynn Griffin (hereinafter referred to as "Griffin," while Plaintiff Kathryn Griffin is referred to as "Plaintiff"), who stated that she learned about this incident from a school employee. Griffin Dep. 89-90. Defendants maintain that the autistic student accidentally pushed a table, which bumped into Plaintiff. Kathy Cole Decl. ¶¶ 5-6 (Dkt. 67-32).

Regarding the alleged assault by Sanders, Griffin testified that Sanders once struck Plaintiff on February 27, 2008. Griffin Dep. at 43. Although she had not witnessed this, Griffin stated that Sanders told this to her in a confrontation in a hallway at the EKLC. Id. at 43. Sanders denied ever hitting Plaintiff or any other student or telling Griffin that she had struck Plaintiff. Sanders Dep. at 61-62.

Plaintiff also alleges that Tereau sexually abused her. Griffin testified that she had witnessed Tereau, on several occasions, kissing Plaintiff, which Griffin claimed went unaddressed by the school. Griffin Dep. at 30. Specifically, Griffin stated that she had witnessed four incidents of Tereau kissing and groping Plaintiff in Fall 2007. Pl.'s Answers toInterrogs. at 9 (Dkt. 69-12). Griffin also testified that, on one occasion, she witnessed Tereau kissing Plaintiff on the mouth. Griffin Dep. at 29. The record does not indicate where this alleged incident occurred, but Griffin testified that Tereau "attacked [Plaintiff] and walked back in the classroom." Id. at 29. Griffin complained about the kissing by speaking with Sanders and leaving notes for EKLC's principal, Jeanne Quinlan. Griffin Dep. 30-31; Pl.'s Answers to Interrogs. at 7 (Dkt. 69-11).

Tereau has a different version of the events. Tereau testified that on February 8, 2008, she was walking down a hallway at EKLC with Plaintiff when Plaintiff stopped walking, grabbed her helmet, and starting screaming and crying. Tereau Dep. at 10 (Dkt. 67-7). Tereau took Plaintiff's helmet off to see if Plaintiff was hurt. Id. Tereau testified that Plaintiff grabbed her while she was screaming and did not let go. Id. at 11. Tereau further testified that Griffin, who was in a different area of the school facility at the time, heard Plaintiff screaming and came to her. Id. at 10-11. Plaintiff stopped screaming before her mother arrived and Tereau told Plaintiff to go with her mom, but Plaintiff would not do so. Id. at 11. Tereau then kissed the top of Plaintiff's head two times and said: "Jesus, take away her pain." Id.. Griffin did not say anything. Id. Tereau explained that she kissed Plaintiff's head because Plaintiff was upset, and that she was trying to console her. Id. Tereau testified that the only time she kissed Plaintiff was on February 8, 2008. Id. at 23.

Griffin told EKLC's Principal, Jean Quinlan, about this incident. Quinlan Dep. at 5. Quinlan then met with Tereau and Tereau's union representative. Id. at 9. Quinlan testified that she had only been made aware of the one incident of Tereau kissing Plaintiff - the February 8 incident - and had received no other complaints regarding improper contact between Tereau and Plaintiff. Id. at 7-8. Quinlan verbally reprimanded Tereau and placed a "memorandum ofconcern" in Tereau's employee file, which was expunged after a year. Id. at 9-12. Quinlan told Sanders to closely watch Tereau to make sure Tereau's future conduct was appropriate and to report any concerns. Sanders Dep. 7-8. Sanders never observed Tereau engage in any objectionable behavior. Id. at 10.

Griffin also reported Tereau's conduct to the Michigan Department of Human Services (DHS) and the Mundy Township Police Department. The report to the state resulted in an investigation by Tracy Dowless, who found no substantiation for the allegations of physical abuse. DHS Report at 2 (Dkt. 67-32). The Mundy Police Department investigator, Detective J. Diem, similarly concluded that that there was "insufficient evidence to seek a warrant for molestation with a non-verbal child and no suspect is listed." Diem Report at 2 (Dkt. 67-10). Diem executed an affidavit attesting that her report was accurate. Diem Aff. (Dkt. 67-10).

On April 14, 2008, a meeting was held at EKLC concerning Griffin's complaints. Several individuals were at the meeting, including Griffin, Sanders, Tereau, Principal Quinlan, state investigator Dowless, and Detective Diem. Given Griffin's concerns with EKLC, GISD offered to place Plaintiff in a special education program at Clio High School. Quinlan Dep. 36-37. That day Plaintiff ceased attending EKLC; after not attending school for several months, Griffin enrolled Plaintiff at Clio High School. Griffin Dep. 159-160.

Beginning in January 2009, Plaintiff attended Clio High School, where one of her teachers was Defendant Shirley Heffner. Heffner Dep. at 5. Plaintiff fell down at Clio High School, as well. In particular, Plaintiff fell twice at school on May 21, 2010. 5/21/2010 Accident Reports. The accident reports do not indicate injuries to Plaintiff's teeth. Id. Heffner was aware that Plaintiff fell that day, but did not see any dental trauma. Heffner Dep. at 22-24.

Griffin testified that she examined Plaintiff's teeth when Plaintiff got off the school bus on that day. Griffin Dep. at 199-200. She noted "a line" on one of Plaintiff's teeth and touched it with her finger, but then decided to ask a dentist to examine Plaintiff's teeth at an appointment scheduled two weeks later. Id. at 200. On May 24, 2010, she noticed that one of Plaintiff's teeth was damaged when Plaintiff got off the school bus. Id. Griffin testified that she then took Plaintiff to a dentist after school on May 25, 2010. Id. at 201-202. Due to Plaintiff's alleged dental trauma at school, Griffin withdrew Plaintiff from Clio High School. Griffin Dep. 204.

Plaintiff filed the instant suit in the wake of her removal from school. Plaintiff named GISD, Heffner, Sanders, and Tereau as Defendants. Plaintiff asserts eight claims in her Second Amended Complaint (Dkt. 28):

Count I (against GISD): Disability discrimination in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794.

Count II (against all Defendants): Disability discrimination in violation of the Persons With Disabilities Civil Rights Act (PWDCRA), Mich. Comp. Laws § 37.1301, et

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