Lindsley ex rel. Kolodziejczack v. Girard School

213 F.Supp.2d 523

Nicole LINDSLEY, a minor, through her parent and legal guardian, Theresa KOLODZIEJCZACK, Plaintiff, v. The GIRARD SCHOOL DISTRICT; the Board of Directors for the Girard School District; Robert Snyder, personally and in his official capacity as a Principal for the Girard School District; Greg McClelland, personally and in his official capacity as an Assistant Principal for the Girard School District, and Gayla DeMarco, personally and in her official capacity as a Guidance Counselor for the Girard School District, Defendants.

Civil Action No. 01-180 Erie.

United States District Court, W.D. Pennsylvania.

August 1, 2002.

COPYRIGHT MATERIAL OMITTED

David C. Long, Olivesburg, PA, Michael L. Rosenfield, Pittsburgh, PA, for Plaintiff.

Patricia K. Smith, Esq., Knox, McLaughlin, Gornall & Sennett, Erie, PA, for Defendants.

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

Plaintiff, Nicole Lindsley, through her parent and legal guardian, Theresa Kolodziejczack, (hereinafter "Plaintiff") seeks in this action declaratory relief and compensatory and punitive damages for alleged violations of the Civil Rights Act of 1871, 42 U.S.C. § 1983, the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400, et. seq., as amended by Pub.L. 105-17 at § 615(I)(3)(A) 1997; the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101. The Defendants are the public school district where Plaintiff formerly attended school and various administrators and officials of this district. Presently before this Court are Defendants' Motion to Dismiss [Doc. No. 3] and Plaintiff's Motion to Amend the Complaint to Delete Requested Forms of Relief [Doc. No. 6]. In the latter motion, Plaintiff seeks to amend the Complaint to request only compensatory and punitive damages. For the reasons set forth below, we will grant the Defendants' motion and deny the Plaintiff's.

I. BACKGROUND

Plaintiff first attended Rice Avenue Middle School, a public school within the Girard School District, as a sixth-grade student in the 1999-2000 school year. Cmplt. ¶ 30. Her sixth-grade year was primarily without incident, and in late August 2000, she began the seventh grade at the same school. Cmplt. ¶ 30. In this year, Plaintiff wore some article of clothing bearing a religious declaration "virtually every day." Cmplt. ¶ 33. The Complaint is silent as to whether she wore similar clothing during her sixth-grade year. Natasha, a friend of Plaintiff's who also attended Rice Avenue Middle School, dressed similarly. Examples of the pictures and declarations on the students' clothing include:

a. A rendition of Jesus carrying a cross with the words "The Sin of the World" inscribed on the cross. The message on the shirt states "Lord's Gym. Bench Press This!"

b. "U Must Be Born Again. Jesus Saves. John 3:3."

c. "Get a Life. Follow Jesus."

d. "Sing Unto the Lord."

e. "Rejoice. Jesus Christ. He's the Real King."

f. A rendition of a young man holding a lamb, with the message "I have a Good Shepherd."

g. "Our God is an Awesome God."

h. A rendition of a hand bloodied by a large spike, with the message "His Pain Our Gain."

i. "There is Only One Way. He's Jesus."

j. "Christ our Savior Sanctifier, Healer and Coming King."

k. "Praise the Lord."

l. "Soldiers of Christ."

m. W.W.J.D. [What Would Jesus Do?]

n. "With God All Things Are Possible."

Cmplt. ¶ 33. Plaintiff alleges that other students harassed her verbally and physically on an almost daily basis. Cmplt. ¶ 34. She was repeatedly called names such as "Jesus Freak," "God Praiser," "Jesus Lover," "bitch," and "whore." Students said things such as "God is never coming back. We hate God" and "I'm Jesus, you have to worship me now." A female student threatened to stab Plaintiff and on another occasion, a male student twisted her arm. Two boys doused Plaintiff with cologne and threatened to light her on fire while she was walking home from her bus stop. In one class, students left notes stating that "Jesus Sucks," "Nicole Sucks," and Natasha "does her mother." Cmplt. ¶¶ 34-35. Plaintiff's house and her mother's car were pelted with eggs and their telephone and cable lines were cut. Cmplt. ¶ 36. When Plaintiff and Natasha objected to a Reading class assignment on the subject of witches, the teacher stated in front of the class, "[i]f you don't want to do this kind of work, you should go to another school." Cmplt. ¶ 35.

It is alleged that both Plaintiff and Natasha complained to defendants Snyder and McClelland, the Principal and Vice-Principal of the school, respectively, on numerous occasions. Cmplt. ¶ 37. In response, these defendants generally indicated that they would investigate the complaints but did not effectively discipline any of the students. Snyder and McClelland often indicated that the problems were the girls' own fault and on one occasion McClelland said to Plaintiff, "[w]e all know you are a Christian. You don't have to wear those clothes everyday." Cmplt. ¶ 37. Allegedly to discourage Plaintiff and Natasha from making more complaints, these defendants told them that if they punished the students who were the subject of the complaints, they would have to punish the girls as well. Cmplt. ¶ 37. Plaintiff's mother also made frequent complaints to the Principal and Vice-Principal to no avail; after one complaint McClelland told her that, "[y]our daughter is asking for trouble, wearing those shirts." Cmplt. ¶¶ 39-40.

Plaintiff alleges that as a result of the students' conduct, it became difficult for her to concentrate and focus on her school-work and consequently, that her grades declined substantially in her seventh grade year. Cmplt. ¶ 41. She also had nightmares about being stabbed, was afraid to attend school and missed 21 days in the first three grading periods. Cmplt. ¶ 36. At the end of the first quarter, Nicole received failing grades in Science, English and World Cultures and defendant DeMarco, a guidance counselor at the school, sent a letter to Plaintiff's mother informing her that Plaintiff was in academic danger for the school year. Cmplt. ¶ 41. DeMarco sent a similar letter after Plaintiff received failing grades in Science, Reading and English in the second quarter. In the third quarter, Plaintiff received failing grades English and Mathematics, and incomplete marks in Science and World Cultures. Cmplt. ¶¶ 41-42. No district official ever requested permission to evaluate Plaintiff. Cmplt. ¶ 6. In order to lessen Plaintiff's contact with some of the worst students, Defendants changed her class schedule. Cmplt. ¶ 37. On March 31, 2001, Plaintiff transferred to Girard Alliance Christian Academy.

Plaintiff contends that the Defendants' have violated her federal constitutional rights to equal protection, substantive due process and freedom of speech. She also contends that they have violated her rights under IDEA, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. Defendants move to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) on the basis that Plaintiff has failed to state any claim. Plaintiff opposes this motion and has also filed a motion to amend her complaint to delete her request for declaratory relief.

II. STANDARD OF REVIEW

A motion to dismiss under Rule 12(b)(1) may present either a facial or a factual challenge to subject matter jurisdiction. Mortensen v. First Fed. Savings and Loan Ass'n, 549 F.2d 884, 891 (3d Cir.1977). A motion which makes a facial challenge to a complaint requires that the court consider the allegations of the complaint as true and make all reasonable inferences in plaintiff's favor. Id. In the case of a factual challenge to the complaint, the court is free to consider and weigh evidence outside the pleadings to resolve factual issues bearing on jurisdiction and to "satisfy itself as to the existence of its power to hear the case." Id. Consequently, the plaintiff must present "affidavits or other competent evidence that jurisdiction is proper." Dayhoff, Inc. v. H.J. Heinz Co., 86 F.3d 1287, 1302 (3d Cir.1996), cert. denied, 519 U.S. 1028, 117 S.Ct. 583, 136 L.Ed.2d 513 (1996). In this instance, Defendants do not rely on extrinsic evidence outside the pleadings and accordingly, we must consider the allegations in the Complaint as true and draw all reasonable inferences in Plaintiff's favor. Mortensen, 549 F.2d at 891.

In ruling on a motion to dismiss pursuant to Rule 12(b)(6), the district court must accept as true all well-pleaded allegations, and must view the facts and inferences to be drawn from the pleadings in the light most favorable to the nonmoving party. Janney Montgomery Scott, Inc. v. Shepard Niles, Inc., 11 F.3d 399, 406 (3d Cir.1993) (citation omitted). The proper inquiry is "whether relief could be granted ... `under any set of facts that could be proved consistent with the allegations.'" Gasoline Sales, Inc. v. Aero Oil Co., 39 F.3d 70, 71 (3d Cir.1994) (quoting National Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 256, 114 S.Ct. 798, 127 L.Ed.2d 99 (1994)). Judgment will only be granted if it is clearly established that no material issue of fact remains to be resolved and that the movant is entitled to judgment as a matter of law. Regalbuto v. City of Philadelphia, 937 F.Supp. 374, 377 (E.D.Pa.1995), aff'd, 91 F.3d 125 (3d Cir. 1996), cert. denied, 519 U.S. 982, 117 S.Ct. 435, 136 L.Ed.2d 333 (1996) (citing Inst. for Scientific Info., Inc. v. Gordon and Breach, Science Publishers, Inc., 931 F.2d 1002, 1005 (3d Cir.1991), cert. denied, 502 U.S. 909, 112 S.Ct. 302, 116 L.Ed.2d 245 (1991)).

The Federal Rules of Civil Procedure provide that leave to amend a pleading "shall be freely given when justice so requires." Fed.R.Civ.P. 15(a). Although the decision to grant or deny leave to amend a complaint is committed to the sound discretion of the district court, leave should, consistent with the command...