Moore v. Lauer

1

Stephene Moore, Plaintiff, v. Bradley Lauer, et al., Defendants.

No. 3:22-cv-50354

United States District Court, N.D. Illinois, Western Division

January 23, 2024

MEMORANDUM OPINION AND ORDER

Honorable Iain D. Johnston United States District Judge

Plaintiff Stephene Moore brings this case on behalf of her minor son PM, under 42 U.S.C. § 1983. PM was a fourteen-year-old freshman at Auburn High School, located in Rockford Public School District No. 205 (the “School District”). It is alleged that, following a classroom dispute, school officials violently retrained PM, ultimately throwing him to the floor, causing lifelong physical and mental repercussions.^[1] Ms. Moore alleges a plethora of claims against a host of defendants: School Liaison Officer (SLO) Bradley Lauer, the City of Rockford (“Rockford”) Assistant Principal Scott Dimke, Assistant Principal and/or Dean Amber Lee-Black, Hall Monitor/Security Guard Jessica Badford,^[2] the Board of Education of Rockford Public School District No. 205 (the “Board”), Board President Jude Makulec, District Superintendent Ehren Jarrett, District General Counsel Lori Hoadley, and Welcome Center Relations Director Kristina Reuber. Kitchen sink pleadings rarely lead to a just, speedy, and inexpensive resolution of actions. See Fed.R.Civ.P. 1. Instead, they just beget defense filings, attempting to eliminate unnecessary defendants and claims. All the while, the resolution is delayed without any added benefit to the plaintiff's action. When a valid claim exists-as is the case here- larding the complaint with weak and unnecessary claims and defendants distracts from and diminishes the value of the valid claim. Gurman v. Metro Hous. & Redevelopment Auth., 842 F.Supp.2d 1151, 1154 (D. Minn. 2011) (“The bad obscures the good.”).^[3] And kitchen sink complaints waste the Court's time. Suttman-Villars v. Argon Med. Devices, Inc., 553 F.Supp.3d 946, 954 (D.N.M. 2021) (kitchen sink complaints unfairly burden courts).

Before the Court is a motion to dismiss by the Board, Mr. Dimke, Ms. LeeBlack, Ms. Badford, Ms. Makulec, Dr. Jarret, Ms. Hoadley, and Ms. Reuber (collectively, the “School District Defendants”). For the following reasons, the motion is granted.

I. Background

At the time of the events in this case, Ms. Moore's son, PM, was in ninth grade at Auburn High School (“Auburn”). Dkt. 75 ¶ 10. He was fourteen years old, approximately 4'11”, and 125-130 pounds. Id. ¶¶ 10, 31. He is African American. Id. ¶ 11. Since kindergarten, PM's school records show that he has exhibited behavioral signs of attention-deficit/hyperactivity disorder (ADHD). Id. ¶ 33.

On September 20, 2021, the day before the incident at the heart of this case, during second period, PM's teacher asked him to remove his hoodie. Id. ¶ 37. When he refused, the teacher ordered him to leave the class. Id. PM left, and the school called his grandmother to pick him up. Id.

On September 21, 2021, near the start of second period, the same teacher “began nitpicking at PM, this time harassing him about where in the classroom he could sit.” Id. ¶ 39. PM left the classroom. Id. Shortly after, around 9:05 AM, PM walked past his second period classroom door while walking in the hallway, and the teacher told him that he was supposed to be in class. Id. ¶ 40. PM continued walking. Id. The teacher “summoned a school official to deal with PM.” Id.

Enter Mr. Dimke. Id. ¶ 41. On prior occasions, Mr. Dimke had “pushed” and “tackled” other students, sometimes grabbing them by their backpacks or hoodies. Id. ¶ 134. Allegedly true to form, Mr. Dimke-a large man relative to PM”-“spotted him, approached him, and started a prolonged, escalating, and aggressive interaction with him.” Id. ¶¶ 41-42. Mr. Dimke stood in front of PM to block his path, and then grabbed onto PM's backpack. Id. ¶ 42. “PM did not actively resist.” Id. ¶ 43.

Ms. Badford walked up to PM and Mr. Dimke. Id. ¶ 44. She “listened to their conversation, and began talking to PM as well.” Id. “PM then turned around and walked calmly and slowly in the opposite direction,” with both Mr. Dimke and Ms. Badford following calmly. Id. ¶ 45. But as PM turned the corner and approached the main school office, Mr. Dimke “again caught up to PM” and “physically blocked his path forward.” Id. ¶ 48.

Ms. Lee-Black then arrived on the scene in the main school hallway and “observed and overheard” Mr. Dimke's interactions with PM. Id. ¶ 49. PM “calmly turned around again” to walk in the opposite direction of Mr. Dimke. Id. ¶ 50. Again, Mr. Dimke “physically grabbed hold of PM's back” to “stop and restrain his forward motion.” Id. ¶ 51. PM did not resist. Id. ¶ 52. Mr. Dimke let go, and PM continued walking. Id. Mr. Dimke then “physically grabbed PM's arm with one hand and constantly held onto PM as he walked.” Id. ¶ 53.

They passed by the front of the school office, where Mr. Dimke handed his clipboard to Ms. Lee-Black. Id. ¶ 54. She accepted the clipboard, continuing to observe; she “did not say or do anything to [Mr.] Dimke to intervene or suggest[] another course of action by the school.” Id. ¶ 55.

Things then turned more physical. Mr. Dimke “grabbed PM, wrapped both of his arms around PM's body from behind, and physically carried or dragged PM into the main school office.” Id. ¶ 56. PM had never been in that office before; to him, it was a “small, secluded room” that was an “isolated space.” Id. ¶ 57. He grew scared, afraid that Mr. Dimke would hurt him. Id.

Mr. Dimke blocked the doorway and tried to talk to PM. Id. ¶ 58. When PM tried to leave, Mr. Dimke “moved to block him and physically pushed him back into the office.” Id. ¶ 59. Around 9:11 AM, Mr. Dimke or Ms. Lee-Black called for one of Auburn's two SLOs to help. Id. ¶ 60. SLO Lauer “came to the scene almost immediately.” Id. ¶ 61. All the while, Mr. Dimke was pushing PM “backwards and deeper” into the main school office. Id. ¶ 62. Mr. Dimke then “attempted to tackle or physically jump onto PM's body with the full weight of his body while at the same time pushing him through a closed door inside the office.” Id. ¶ 64. The attempt resulted in both Mr. Dimke and PM on the floor, with Mr. Dimke on top of PM, and PM “restrained.” Id. ¶ 65. Though close enough to observe and hear these interactions, neither Ms. Lee-Black nor Ms. Badford “said or did anything at the time to intervene.” Id. ¶ 67.

SLO Lauer then “entered the office and immediately began [to] physically take over control of the situation” without speaking to anyone. Id. ¶ 68. He “did not know what was happening and whether PM posed any danger” to Mr. Dimke, who did not appear to be in danger. Id. ¶¶ 69-70. Nevertheless, SLO Lauer jumped into action as Mr. Dimke, Ms. Lee-Black, and Ms. Badford watched from close by. Id. ¶¶ 73, 78. SLO Lauer grabbed PM from the floor and held onto his arms from behind, pulling him up and dragging him out of the office. Id. During these ten to fifteen seconds, PM did not fight or resist-his body was limp, and he was afraid that SLO Lauer would hurt him. Id. ¶ 75. SLO Lauer was at least one foot and seventy pounds larger. Id. ¶ 76.

Then, without any warning whatsoever, SLO Lauer, who was still behind PM, “locked his arms into PM's arms at the elbows, lifted PM up off of the floor and over his head, and slammed PM down into the hard, tile floor in the main hallway, head-first.” Id. ¶ 77.

Unable to break the fall, PM's “head and body hit the floor and bore the brunt of the impact.” Id. ¶ 79. He was knocked unconscious on impact. Id. ¶ 81. For several minutes, he lay limp and motionless on the hallway floor. Id. SLO Lauer handcuffed PM and searched PM's pockets, revealing nothing noteworthy. See Id. ¶¶ 83-84. PM felt excruciating pain; the impact resulted in a four-to-six-inch fracture on the left side and top of PM's skull. Id. ¶ 79, 82. His wrists also hurt because the handcuffs were too tight. Id. ¶ 84.

Paramedics eventually arrived on the scene, and PM was put in a wheelchair. Id. ¶ 85. The paramedics wheeled PM toward the school's main entrance, where a stretcher was waiting. Id. PM's grandmother entered the school, so they released PM to her. Id. ¶ 86. She immediately took PM, who “was visibility trembling and having difficulty walking,” to the emergency room. Id. ¶ 87.

SLO Lauer allegedly lied to the paramedics, telling them that PM “fell.” Id. ¶ 90. He and school officials told Ms. Moore that SLO Lauer and PM had been “scuffling” and that PM “slipped,” “fell,” and “hit his head.” Id. ¶ 89. Later, school officials told PM's grandmother than PM had been “fighting” with Mr. Dimke and SLO Lauer. Id. ¶ 92.

Within one month of the incident, SLO Lauer either resigned his position at Auburn or was involuntarily transferred. Id. ¶ 98. However, the Rockford Police Department (RPD) and Rockford neither “conducted an immediate investigation of the incident,” nor “opened an internal affairs investigation after the incident.” Id. ¶ 99. RPD has since decided not to discipline or reprimand SLO Lauer. Id. ¶ 100. For over a year, RPD and Rockford officials have declined to publicly comment on the matter, acknowledge the incident, release any records regarding the incident, or hold anyone accountable for SLO Lauer's conduct. Id. ¶ 101.

After the incident unfolded, “school officials told PM's family that no further disciplinary action was needed or would be taken with respect to PM.” Id. ¶ 115. They also stated there would be no juvenile criminal charges pressed. Id. ¶ 116. This was reaffirmed a month later at a meeting with school officials. Id. ¶ 118. After PM's family retained counsel and asked the Board and RPD to retain evidence PM's family received a letter from a juvenile probation officer. Id. ¶¶ 119-20. The letter summoned PM's family to...