United States District Court, S.D. New York
A.M. by her Guardian, STEPHEN E. DIAMOND, ESQ., Plaintiff,
HUDSON VALLEY CEREBRAL PALSY ASSOCIATION, JOSEPH FARAONE, BEATRICE GUIDA, HOWARD YAGER, and JANE AND JOHN DOES 1-10, Defendants.
OPINION AND ORDER
Vincent L. Briccetti United States District Judge
Stephen E. Diamond, Esq., on behalf of A.M., brings this
action against defendants Hudson Valley Cerebral Palsy
Association (“HVCPA”), Joseph Faraone, Beatrice
Guida, Howard Yager, and Jane and John Doe(s) 1-10, resulting
from Faraone's alleged sexual assaults of A.M. while she
was under HVCPA's care. Plaintiff brings claims under
Section 504 of the Rehabilitation Act, 29 U.S.C. § 794;
42 U.S.C. § 1983; and New York state law.
the Court is HVCPA, Guida, and Yager's (collectively,
“movants”) motion to dismiss the amended
complaint (Doc. #29) for failure to state a claim under Rule
12(b)(6). (Doc. #21).
reasons set forth below, the motion to dismiss is DENIED.
Court has subject matter jurisdiction pursuant to pursuant to
28 U.S.C. §§ 1331, 1367.
deciding the pending motion, the Court accepts as true all
well-pleaded allegations in the amended complaint and draws
all reasonable inferences in plaintiff's favor.
an adult woman in her fifties. More than twenty years ago,
she was in a motorcycle accident in which she suffered severe
head trauma causing a debilitating brain injury. As a result
of the accident, she now has significant developmental
disabilities, is mentally incompetent, has the functional
capacity of a twelve-year-old child, and requires full-time
residential care. “She lacks the capacity for complex
decision making and the ability to fully comprehend the
consequences of her actions or the actions of those around
her. Because of her limited reasoning skills, she requires
close supervision at all times.” (Am. Compl. ¶
has no family members actively involved in her life, and she
is a ward of the State of New York. Plaintiff Diamond is
A.M.'s state-appointed legal guardian.
which is located in Brewster, New York, in addition to
providing various services to people with Cerebral Palsy,
provides services to developmentally-disabled adults who
suffer from issues related to traumatic brain injuries. HVCPA
receives funding from the State of New York and the federal
government and “is licensed by at least two New York
State agencies, [the] Office for People with Developmental
Disabilities . . . and the Department of Health[, ] to
provide care for people with developmental
disabilities.” (Am. Compl. ¶ 11).
Faraone was an HVCPA employee and personally cared for HVCPA
residents, including A.M. Defendant Guida was the Chief
Operating Officer of Programs for HVCPA, and in that capacity
“was responsible for developing programs and
implementing policies and procedures to provide reasonable
care for A.M.” (Am. Compl. ¶ 13). Defendant Yager
was the Executive Director for HVCPA and “was
responsible for supervising the day to day services and
reasonable care provided to A.M. while she resided at
HVCPA.” (Id. ¶ 14). The John and Jane Doe
defendants “were directors, executives, agents,
servants, and/or employees of HVCPA.” (Id.
at HVCPA, A.M. was frequently left in Faraone's care.
According to the amended complaint, on June 15, 2015, Faraone
brought A.M. into a courtyard at the HVCPA facility and had
A.M. perform oral sex on him. Several HVCPA employees
witnessed this incident and immediately reported it to HVCPA
supervisors. Despite these reports, HVCPA supervisors,
including Guida and Yager, took no action to protect A.M.
from Faraone or to provide medical care to A.M. following the
HVCPA employees became concerned when corrective action was
not taken, and they suspected Faraone continued to sexually
assault A.M. One employee planted a recording device in an
HVCPA elevator, and on September 17, 2015, this device
recorded Faraone again having A.M. perform oral sex on him.
The employee took the recording to law enforcement, and
Faraone was prosecuted.
was hospitalized for repeated vomiting and found to have a
urinary tract infection. A.M. was extremely agitated and
required additional medication to help calm her because of
the mental and physical harm.” (Am. Compl. ¶ 25).
to the amended complaint, Guida “attempted to have
false reports prepared to suggest that HVCPA had made some
attempt to take action after the first known sexual
assault.” (Am. Compl. ¶ 24).