Pratt v. Indian River Cent. Sch. Dist.

274 Ed. Law Rep. 838

803 F.Supp.2d 135

Charles Patrick PRATT; and A.E.P, through her parents and next friends Bobbi Lynn Petranchuk and Todd Edward Petranchuk, Plaintiffs,

v.INDIAN RIVER CENT. SCH. DIST.; James Kettrick, Superintendent of Indian River Cent. Sch. Dist.; Troy Decker, Principal of Indian River High School; Jay Brown; John Davis; Kenda Gray; Amable Turner; Patricia Henderson; and Brian Moore, Defendants,United States of America, Amicus.

No. 7:09–CV–0411 (GTS/GHL).

United States District Court, N.D. New York.

March 29, 2011.

Kirkland & Ellis LLP, Adam T. Humann, Esq., Maura M. Klugman, Esq., Vickie Reznik, Esq., of Counsel, New York, NY, for Plaintiffs.

Lambda Legal Defense & Education Fund, Hayley J. Gorenberg, Esq., Thomas W. Ude, Jr., Esq., of Counsel, New York, NY, for Plaintiffs.

Law Office of Frank W. Miller, Frank W. Miller, Esq., Michael J. Livolsi, Esq., of Counsel, East Syracuse, NY, for Defendants.Hon. Richard S. Hartunian, United States Attorney for the Northern District of New York, William H. Pease, Esq., Assistant United States Attorney, of Counsel, Syracuse, NY, for the Government.

MEMORANDUM–DECISION and ORDER

Hon. GLENN T. SUDDABY, District Judge.

Currently before the Court—in this civil rights action filed by Charles Patrick Pratt and A.E.P., through her parents and next friends Bobbi Lynn Petranchuk and Todd Edward Petranchuk (“Plaintiffs”) against Indian River Central School District, the Indian River Central School District Board of Education, and the eight above-captioned individual Defendants (“Defendants”)—are the following two motions: (1) Defendants' motion to dismiss Plaintiffs' Complaint for failure to state a claim upon which relief can be granted, or, in the alternative, for summary judgment (Dkt. No. 30); and (2) Defendants' motion to dismiss Plaintiffs' Amended Complaint for failure to state a claim upon which relief can be granted, or, in the alternative, for summary judgment (Dkt. No. 56). For the reasons set forth below, Defendants' motions are granted in part and denied in part.

I. RELEVANT BACKGROUNDA. Plaintiffs' Claims

On April 8, 2009, Plaintiffs filed their Complaint in this action. (Dkt. No. 1.) On February 18, 2010, Plaintiffs filed an Amended Complaint. (Dkt. No. 47.) Generally, Plaintiffs' Amended Complaint asserts the following nine civil rights claims against Defendants arising from their treatment of Plaintiff Pratt as a homosexual student at Indian River Central School: (1) the Indian River Central School District (“the District”), the Indian River Central School District Board of Education (“the Board”), and Defendant Kettrick (in his official and individual capacities) violated 20 U.S.C. § 4071 et seq., the Equal Access Act (“EAA”), and 42 U.S.C. § 1983, by maintaining a limited open forum, and denying equal access to that forum on the basis of impermissible content and viewpoint based discrimination; (2) the District, the Board, and Defendant Kettrick (in his official and individual capacities) violated Plaintiff Pratt's rights to freedom of speech and freedom of association under the First Amendment to the United States Constitution; (3) the District, the Board, Defendants Kettrick and Decker (in their official and individual capacities), and Defendants Davis, Turner, Moore, and Gray (in their individual capacities) denied Plaintiff Pratt equal protection on the basis of his sexual orientation, in violation of his rights under the Fourteenth Amendment to the United States Constitution; (4) the District, the Board, Defendants Kettrick and Decker (in their official and individual capacities), and Defendants Davis, Turner, Moore, and Gray (in their individual capacities) denied Plaintiff Pratt equal protection on the basis of his sex, in violation of his rights under the Fourteenth Amendment to the United States Constitution; (5) the District and the Board discriminated against Plaintiff Pratt on the basis of sex, in violation of his rights under Title IX of the Education Amendments Act of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”); (6) Defendants Turner, Gray, Henderson, and Davis (in their individual capacities) permitted harassment against Plaintiff Pratt based on his sexual orientation, in violation of New York Human Rights Law (“NYHRL”) § 296(6); (7) Defendants Turner, Gray, Henderson, and Davis (in their individual capacities) permitted harassment against Plaintiff Pratt based on his sex, in violation of NYHRL § 296(6); (8) Defendants Turner, Gray, Henderson, and Davis (in their individual capacities) subjected Plaintiff Pratt to discrimination based on his sexual orientation, in violation of his civil rights under New York Civil Rights Law (“NYCRL”) §§ 40–c and 40–d; and (9) Defendants Turner, Gray, Henderson, Moore, and Davis (in their individual capacities) subjected Plaintiff Pratt to discrimination based on his sex, in violation of his civil rights under NYCRL §§ 40–c and 40–d. (Dkt. No. 47.)

In addition, Plaintiffs' Amended Complaint asserts the following five civil rights claims against Defendants arising from their treatment of Plaintiff A.E.P. as the younger sister of Plaintiff Pratt, and a student in the District: (1) the District, the Board, Defendants Kettrick and Decker (in their official and individual capacities), and Defendant Brown (in his individual capacity) violated the EAA, and 42 U.S.C. § 1983, by maintaining a limited open forum, and denying equal access to that forum on the basis of impermissible content and viewpoint based discrimination; (2) the District, the Board, Defendants Kettrick and Decker (in their official and individual capacities), and Defendant Brown (in his individual capacity) violated Plaintiff A.E.P.'s rights to freedom of speech and freedom of association under the First Amendment to the United States Constitution; (3) the District, the Board, Defendants Kettrick and Decker (in their official and individual capacities), and Defendant Brown (in his individual capacity) violated Plaintiff A.E.P.'s right to free speech under Article 1 § 8 of the New York State Constitution; (4) the District, the Board, Defendants Kettrick and Decker (in their official and individual capacities), and Defendant Brown (in his individual capacity) violated and continue to violate A.E.P.'s right to use District facilities based on perceived sexual orientation and/or antigay animus, in violation of NYHRL § 296; and (5) the District, the Board, Defendants Kettrick and Decker (in their official and individual capacities), and Defendant Brown (in his individual capacity) violated and continue to violate A.E.P.'s civil rights based on perceived sexual orientation and/or antigay animus, in violation of NYCRL § 40–c. (Dkt. No. 47.)

B. Relevant Procedural History

On June 12, 2009, Defendants filed a motion to dismiss or, in the alternative, a motion for summary judgment. (Dkt. No. 30.) Briefing on Defendants' motion was stayed for approximately one year pending the filing, and decision on, Plaintiffs' motion for leave to file an Amended Complaint. On February 9, 2010, the Court granted Plaintiffs' motion for leave to file an Amended Complaint (Dkt. No. 44). On February 18, 2010, Plaintiffs filed that Amended Complaint. (Dkt. No. 47.)

On June 11, 2010, Defendants filed a second motion to dismiss or, in the alternative, motion for summary judgment—this one challenging any additional claims asserted by Plaintiffs in their Amended Complaint. (Dkt. No. 56.) On June 28, 2010, Plaintiffs filed a response in opposition to Defendants' motions to dismiss or, in the alternative, motions for summary judgment. (Dkt. No. 58.) On July 13, 2010, after being granted an extension of time in which to do so, Defendants filed their reply. (Dkt. No. 62.)

On July 28, 2010, Defendants filed a motion requesting permission to amend their Answer to Plaintiffs' Amended Complaint (which Answer had been filed on March 5, 2010). (Dkt. No. 64.) On August 11, 2010, Defendants submitted a stipulation, indicating that the parties agreed to permit Defendants to amend their Answer. (Dkt. No. 65.) Two days later, the United States moved for leave to participate as amicus curiae in this matter in order to address the proper legal standards for discrimination on the basis of sex under (1) Title IX, and (2) the equal protection clause of the Fourteenth Amendment. On December 6, 2010, the Court issued a Decision and Order granting the United States's motion for leave to participate as amicus curiae. (Dkt. No. 72.)

C. Undisputed Material Facts

The following is a general summary of material facts that are undisputed by the parties. ( Compare Dkt. No. 25, Part 18 [Defs.' Rule 7.1 Statement] with Dkt. No. 27, Part 6 [Plf.'s Rule 7.1 Response].)

Plaintiff Pratt was born on August 16, 1988. He attended kindergarten, primary school (grades 1–4), and middle school (grades 5–8) in the District. In the fall of 2002, he entered ninth grade at the Indian River High School (“High School”), which he attended through May 2003. The summer vacation period in the District for the summer immediately following the 2002–03 school year started immediately after the High School's graduation ceremony on June 27, 2003, and lasted until September 3, 2003. Plaintiff Pratt attended, but did not complete, summer school in the District during the 2003 summer vacation period.

In the fall of 2003, Plaintiff Pratt entered ninth grade at the High School for the second time. His last day of attending the High School during the 2003–04 school year was January 4, 2004. The summer vacation period in the District for the summer immediately following the 2003–04 school year started immediately after the High School's graduation ceremony on June 25, 2004, and lasted until September 7, 2004. Plaintiff Pratt did not attend summer school during the 2004 summer vacation period. Rather, he next attended the High School for approximately three weeks, starting in September of 2004.¹ After the fall...