United States District Court, E.D. New York
NAUDIA REID, o/b/o Roz. B., an infant, Plaintiff,
FREEPORT PUBLIC SCHOOL DISTRICT, KISHORE KUNCHAM, Superintendent, NEW VISIONS MAGNET SCHOOL, RENEE CRUMP-DEDMON, Principal, JANE DOE, a New Visions Teacher, Individually and in official capacity, and three students in the care and custody of the FREEPORT PUBLIC SCHOOL DISTRICT, full names unknown, Defendants
[Copyrighted Material Omitted]
For for the Plaintiff: John W. Ray, Esq., Vesselin V. Mitev, Esq., Of Counsel, Ray, Mitev & Associates, Miller Place, NY.
For Freeport Public School District; Kishore Kuncham, Superintendent; New Visions Magnet School; and Renee Crump-Dedmon, Principal, Defendants: Laura A. Endrizzi, Esq., Of Counsel, Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis, Uniondale, NY.
DECISION AND ORDER
ARTHUR D. SPATT, United States District Judge.
On June 28, 2014, the Plaintiff Naudia Reid, on behalf of Roz B., an infant (the " Plaintiff" ) commenced this action in Supreme Court of the State of New York, County of Nassau against the Defendants Freeport Public School District, Kishore Kuncham (" Kuncham" ), Superintendent, New Visions Magnet School, Renee Crump-Dedmon (" Crump-Dedmon" ), Principal, Jane Doe, A New Visions Teacher, Individually and in their Official Capacities, and three students in the care and custody of the Freeport Public School District, full names unknown (collectively the " Defendants" ) .
The Plaintiff alleges that her daughter, then a first grade student, was sexually assaulted bye three fellow female students while in a classroom of the New Visions Magnet School, a school within the Freeport Public School District. The Plaintiff also alleges that the classroom teacher observed the acts and yet did nothing to intervene.
The Court interprets the Plaintiff to be asserting, on behalf of her daughter, a violation of her daughter's Fourth and Fourteenth Amendment rights under the United States Constitution; the tort of negligent supervision or retention under New York law; and a violation of her daughter's rights to be secure in her person under Article 1, § 12 of the New York State Constitution. The Plaintiff seeks
compensatory damages, punitive damages, attorneys' fees, costs, and disbursements.
On July 9, 2014, the Defendants Freeport School District, Kuncham, New Visions Magnet School, and Crump-Dedmon (the " Freeport Defendants" ) removed this action to this Court pursuant to the provisions of 28 U.S.C. § 1446(a).
On July 30, 2014, the Freeport Defendants moved pursuant to Federal Rule of Civil Procedure (" Fed. R. Civ. P." ) 12(b)(6) to dismiss the complaint as against them.
For the following reasons, the Court grants the Freeport Defendants' motion.
Unless stated otherwise, the following factual allegations are drawn from the complaint and construed in a light most favorable to the non-moving party, the Plaintiff.
A. The Parties
At all relevant times, Roz B. was an infant residing in Nassau County, New York. Roz B. is a pseudonym used to " protect her from unwarranted public exposure and humiliation given the nature of the allegations herein, and the fact that [she] is an infant." (Compl., at ¶ 5.) The true name of Roz B. is known to the Defendants.
At all relevant times, the Plaintiff, a person over 18 years of age and residing in Nassau County, New York, was the mother and natural guardian of Roz B. and, as noted above, now brings this action on Roz B.'s behalf.
The Defendant Freeport Public School District is a public school district organized under and by virtue of the laws of New York State, with schools and offices in Nassau County, New York at 235 North Ocean Avenue, Freeport, New York, 11520.
The New Visions Magnet School is an elementary school within the Freeport School District, located in Nassau County, New York at 80 Raynor Street, Freeport, New York, 11520.
At all relevant times, Kuncham was the Superintendent of the Defendant Freeport Public School District. She resides in Nassau County, New York.
Crump-Dedmon was at all relevant times the Principal of the Defendant New Visions Magnet School. She resides in Nassau County, New York.
Jane Doe was at all relevant times a teacher for the Defendant New Visions Magnet School. Jane Doe allegedly resides in Nassau County, New York.
The three infant defendants were at all relevant times students at the Defendant New Visions Magnet School in ...