Accordingly, the undersigned recommends that the District Defendants' and defendant Kretsos' motions for summary judgment on plaintiffs' substantive due process claims be granted. In short, plaintiffs have failed to provide any support that would demonstrate a constitutionally protected interest in the right to continued tutoring services under these circumstances, or that C.E. acknowledged that Kretsos "was breaking up everything," and S.E. Rodriguez v. New York University, 2007 WL 117775, at *6 (S.D.N.Y. 729. Victoria refused to allow C.E. Nov. 21, 2008) (holding that allegations of a gym teacher pulling a student's arms behind his back, forcing the student through a door into the locker room, and punching and poking the student in the chest while berating him with use of foul, profane, and demeaning language was insufficient to raise a substantive due process claim). 199-200. and J.E. Tinker v. Des Moines Indep. Lopez, 668 F.Supp.2d at 419 (internal quotation marks and citations omitted). Neighborhood Action Comm. 3249, 87 L.Ed.2d 313 (1985); see Sound Aircraft Servs., Inc. v. Town of East Hampton, 192 F.3d 329, 335 (2d Cir.1999) ("[a]t its core, equal protection prohibits the government from treating similarly situated persons differently"). Therefore, the undersigned recommends that the district court grant the District Defendants' motion for summary judgment on plaintiffs' municipal liability claims. V at 46, 175, 240; W at 21; Q at 92. 345.) Police Dep't, 971 F.2d 864, 870 (2d Cir.1992) ("A municipality may not be held liable under 1983 simply for the isolated unconstitutional acts of its employees"); DeFabio, 658 F.Supp.2d at 497 ("Municipalities, including school boards, cannot be held vicariously liable for the actions of an employee under 1983."). (referred collectively as the "infant plaintiffs" or the "Edwards children") as infant plaintiffs by their mother and natural guardian, Victoria Edwards ("Victoria" or the "infant plaintiffs' mother"), and individually (collectively "plaintiffs") bring this action pursuant to 42 U.S.C. Click on the case name to see the full text of the citing case. 529 Main Street at 574, 95 S.Ct. C.E. United States v. Armstrong, 517 U.S. 456, 116 S.Ct. The Second Circuit stated that viewed objectively, the alleged assault was conscience shocking because it constituted malicious and sadistic conduct, was "extremely violent," likely to produce substantial injury, and could not have served any government interest. once in the face. 367-70.) "Once it is determined that due process applies, the question remains what process is due." (Id. Neighborhood Action Committee, 101 F.3d at 880. Enter Public Site Authenticate. (Id. Dist., 623 F.3d 71, 74 (2d Cir.2010). We seek to promote critical thinking and individual excellence for all students through academic achievement, physical and emotional wellness, and social responsibility. Moreover, the disciplinary hearings took place over the course of five days between April and May 2003, at plaintiffs' request were held simultaneously, and at the hearing, plaintiffs had counsel who presented their version of the facts. In Smith, after a seventh grade student conducted an exercise which involved balancing an egg on the edge of his desk wherein the egg cracked through no fault of his own, the teacher struck the student in the face at full force with an open hand, causing him severe physical and emotional pain for which he underwent psychotherapy. 15, 2012). "); see Davis, 526 U.S. at 648, 119 S.Ct. to District Defs. I at 242-43; J at 33-34; K at 65, 68). And we have to keep to our goal of allocating a half-percent of the 2 percent cap for programmatic gains, he said. Servs., No. Counter 56.1 Stmts. 's suspension expired on October 31, 2003. was guilty of 12 out 14 charges brought against her; S.E. Id. (Id. Best Center Moriches schools listed by Center Moriches school districts. In trying to break up the fights outside, security guard Gregory Gates' toe was broken. 's own account, as soon as J.E. (Id. She has a child attending a district school and studied business administration at Suffolk County Community College. There were numerous fights occurring outside. Mtn. Defs. To the contrary, plaintiffs state that "[t]he sole motive for Defendant School District to insist on retaining Plaintiff (C.E.) The District retained defendant Dr. Bert Nelson as hearing officer for the matter. 03-CV2415, 2007 WL 608137, at *3 (E.D.N.Y. I at 69, 71-72.). (Id. Aug. 10, 2007) (school officials' alleged failure to remedy students bullying and harassment of plaintiff was insufficient to support substantive due process claim where there was no evidence that the officials encouraged or affirmatively permitted the harassment). Standardized tests have a long history in American K-12 education. In their opposition papers, plaintiffs assert that their selective enforcement argument under Title VI is the same as under their Equal Protection Clause argument under Section 1983. All you bunch of niggers are getting locked up." 's suspension from school. 998, 103 L.Ed.2d 249 (1989) (explaining the purpose of the Due Process Clause "was to protect the people from the State, not to ensure that the State protected them from each other"). 3194, 82 L.Ed.2d 393 (1984); Hellenic Am. C.E. 729); accord DeFabio v. East Hampton Union Free Sch. If you do not have a code or do not receive the brochure in the mail, you can use this link to search your school by city (Mastic Beach) and state (New York) and schedule your appointment that way. City of Canton v. Harris, 489 U.S. 378, 385, 109 S.Ct. 56.1 Stmt. be suspended permanently, Dr. Nelson noted, referring to this incident as well as past transgressions that: In addition, Dr. Nelson recommended that during the suspension periods, the Edwards children not be permitted to enter the buildings or grounds of the District and alternate instruction and/or special services be provided for them. Enriched by our diversity, the Center Moriches School District, in partnership with parents and the community, strives to provide a supportive, nurturing, and innovative learning environment. 24, 2011). Jr., she was not found to have assaulted a security guard, nor did she have the extensive prior history of misconduct of J.E. Jenkins v. N.Y. City Dep't of Educ., No 10 Civ. Mtn. back to the school building, security guard Kretsos followed behind S.E., and according to J.E. 2018 ("a municipality cannot be held liable solely because it employees a tortfeasor, in other words, a municipality cannot be held liable under 1983 on a respondeat superior theory"); Sorlucco v. N.Y.C. As an initial matter, as discussed supra, there is no evidence that defendants provided inadequate tutoring services to plaintiff Victoria's children and therefore this act cannot provide a basis for her First Amendment retaliation claim. (Stern Decl., KK at 30.) By Memorandum dated April 7, 2003, Bracco summarized the results of his investigation for Superintendent Cicero. Mtn. Support our mission. (Stern Decl., Ex. By S.E. 155.) NEW YORK STATE EDUCATION DEPARTMENT. Cine SK8, Inc., 507 F.3d at 790; see Church of the Am. However, "the judge's role in reviewing a motion for summary judgment is not to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." (Id. 184-85.) were eligible to receive tutoring services through the summer. out of the altercation, but this did not stop the fight as the two students continued to battle. 147.) 133; Brewington Decl., Ex. (Id.) (Id. June 1, 2009). ; yet, plaintiffs do not cite any case law involving a Fourteenth Amendment substantive due process claim to support their theory. (Id. 117. Cicero suspended defendant Kretsos for thirty days without pay. was based on the fact that they were African-American, Native American. Regarding their procedural due process claims, plaintiffs argue that the magistrate judge erroneously found that plaintiffs had the opportunity to confront witnesses during an administrative disciplinary hearing, and misstated and misapplied the law in considering the tutoring services and the denial of tutoring services. 662, 88 L.Ed.2d 662 (1986). during the April 4, 2004 brawl based on their national origin. 225.) Jr., C.E. Plaintiffs were permitted to present witnesses and evidence during the hearing and were represented by counsel. . yelling and screaming at her brother C.E. To the extent plaintiffs seek to compare themselves to R.W. (Dist. During the month of July, Prestige Portraits will be at William Floyd High School during the following dates: July 11, July 12, July 13 and July 14to take senior portraits for the class of 2024! See Monell, 436 U.S. at 691, 98 S.Ct. 56(e)). "A plaintiff who seeks to recover against a municipality under 1983 must show that the violation of his constitutional rights resulted from a municipal policy or custom." See Vassallo v. Lando, 591 F.Supp.2d 172, 184-85 (E.D.N.Y.2008) (granting summary judgment on equal protection claim where student-plaintiff failed to raise a genuine issue of material fact over whether student-plaintiff was treated differently than other similarly situated students). (Compl. and C.E. Dist., 777 F.Supp.2d 577, 594 (S.D.N.Y.2011). New York State Education Department . Thus, because no rational juror could find that plaintiffs have shown they were treated differently than other similarly situated individuals, plaintiffs claim fails as a matter of law. 226-27.) See O'Bradovich v. Village of Tuckahoe, 325 F.Supp.2d 413, 426-27 (S.D.N.Y.2004) ("In the absence of any claim establishing a violation of civil rights, the court must also dismiss claims of conspiracy brought under 1985"); Knight, 303 F.Supp.2d at 501-02 (same). Thus, the court examines whether the infant plaintiffs were deprived of their right to a public education without due process. Please be advised that any communication made or sent to individual Board members will be shared with the entire Board of Education and the Superintendent of Schools. "[I]t is fundamental that [Section] 1983 creates no independent, substantive constitutional rights but rather is a vehicle for enforcing such rights," Rosa R. v. Connelly, 889 F.2d 435, 440 (2d Cir.1989). 815, 817 (S.D.N.Y.1991). ), Dr. Nelson concluded that based on the evidence J.E. Alumni from CMHS can use this site to get in touch with old friends from their high school in NY. Defs. with a donation or you can volunteer. 6159(BSJ)(THK), 2011 WL 5451711, at *5 (S.D.N.Y. 198.) "In particular, at the summary judgment stage, a plaintiff must present evidence comparing herself to individuals that are similarly situated in all material respects." At her deposition, plaintiff Victoria acknowledged that the PINS petition was filed because the District wanted her to send C.E. Where the alleged deprivation is based on random, unauthorized acts, the Due Process Clause of the Fourteenth Amendment is not violated when a state employee intentionally deprives an individual of liberty, "so long as the state provides a meaningful post-deprivation remedy." 56.1 Stmt. Having recommended that the district court grant summary judgment on plaintiffs' federal claims, the only remaining claims are those arising under state law, specifically, for negligence, assault, battery, intentional infliction of emotional distress and violations under New York State Education Law. In the instant case, plaintiffs have failed to establish the violation of any protected constitutional rights by defendants. Co., 46 F.3d 196, 202 (2d Cir.1995) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. Center Moriches, NY 11934, 2023 Center Moriches School District Id. Gain insights into how these factors shape educational experiences and outcomes for students. FF.) 56.1 Stmt. You can also contact the Board of Education, through the District Clerk by phone: 878-0052 ext. (Id. (Pls. Defs. and C.E. Plaintiffs did not appeal to the Board of Education, but instead appealed to the New York State Education Department. R at 33-34; I at 65-66.) The five member Board of Education, elected by the people and serving without salary, is responsible for district policy development and management. We seek to promote critical thinking and individual excellence for all students through academic achievement, physical and emotional wellness, and social responsibility. (Brewington Decl., Exs. 07-CV-309 (CFD), 2010 WL 3925961, at *17 (D.Conn. Under the second prong, plaintiffs must demonstrate that "the disparate treatment was caused by the impermissible motivation. Dist., 303 F.Supp.2d 284, 297 (E.D.N.Y.2004) (holding that allegations of racist statements made by school staff to a student was insufficient to raise a substantive due process claim). Families should receive a brochure in the mail, which will include a unique code that you will use to schedule your appointment online at www.prestigeportraits.com. at Exs. Attention members of the incoming senior Class of 2024! Enriched by our diversity, the Center Moriches School District, in partnership with parents and the community, strives to provide a supportive, nurturing, and innovative learning environment. Additional follow-up letters and telephone calls were made by the District to Victoria (and her counsel) regarding C.E. ), Linda DeHoyos, a parent of a child in the High School, came into the Principal's Office and offered to take the Edwards children home. of Elections, 470 F.3d 458, 464 (2d Cir.2006) (internal quotation marks and citation omitted). "To establish a claim under Title VI, plaintiff must show: (1) that the entity involved engaged in racial or national origin discrimination; (2) the entity involved is receiving federal financial aid28; and (3) plaintiff was an entitled beneficiary of the program or activity receiving the aid." Where, as here, long-term suspensions were at issue, greater process was required.19 Id. MM.) 88.) The Pros and Cons of Mandatory Gym Class in Public Schools, 10 Reasons Why High School Sports Benefit Students, Quality of academic programs, teachers, and facilities, Availability of music, art, sports and other extracurricular activities, Center Moriches Union Free School District, Eastport-south Manor Junior Senior High School, See more public schools near to Center Moriches Middle School, View Homes Near Center Moriches Middle School, Alabama Schools: Mobile County School Dress Code Violation Suspensions, Comparing Types of Schools: Governance and Funding. ISSUES: Babzien said the most important issue facing the district is how to improve academic rigor and outcomes within the districts financial constraints. Defs. it was clearly out of frustration in his attempt to "break up the fight," and did not constitute malicious and sadistic conduct. (Id. 1817, 36 L.Ed.2d 668 (1973) that is applied to claims brought under Title VII. It was during the context of attempting to stop an altercation that defendant Kretsos allegedly punched J.E. 2018; see also Fitzgerald v. Barnstable Sch. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., AFL-CIO, 941 F.2d 1292, 1298 (2d Cir.1991) ("procedural due process does not require rigid adherence to technical evidentiary rules in administrative hearings, as long as the evidence introduced is reliable"). . Lauren Slionski (term expires June 30, 2025) (Id. May 4, 2017 Moriches Community Center will host a "Meet the Candidates" night! J.W., R.W. U.S. Const. Mem. 544-45.) 364. (Id. and K.A., all of whom are African American. Dep't of Soc. ; see, e.g., Barnett v. Tipton County Bd. The district provides tremendous opportunities for students ranging from science, technology, engineering . Knowing that a fight was about to happen, J.E. KK at 1; E.) Dr. Bert Nelson, an independent hearing officer with many years of experience in education including 16 years as a Superintendent of Schools, was retained to preside over the hearing. See Smith v. Half Hollow Hills Cent. When Kretsos told J.E. of Educ. to Def. (Dist. returned to school this claim is meritless. George Maxwell, President (term expires June 30, 2024) Center Moriches Union Free School District. (Id. would end upon the expiration of her suspension from school; and she had the opportunity to address her concerns with school district officials. Our aim is to develop in young people a love of learning, self-confidence, and respect for others. 177), and on September 18, 2012, defendant Kretsos responded thereto (Doc. ISSUES: Funding that will enable the district to grow is the most important issue, Foster said. hit Kretsos in the back of the head as Kretsos put his arms up and tried to push S.E. Law 3201") as to defendants District, High School and Board of Education; (10) violations of the right to education and instruction pursuant to New York State Education Law Section 3204 ("Educ. ISSUES: The district needs to re-evaluate how it spends money and see if it can do better, Dench said. back to the High School. 729 ("The authority possessed by the State to prescribe and enforce standards of conduct in its schools although concededly very broad, must be exercised consistently with constitutional safeguards. fell backwards and her cousin KC caught her. See Karlen v. Westport Bd. The nearest high school and middle school to Center Moriches Middle School is. joined J.E. 546. That is to say, a Section 1986 claim "must be predicated on a valid 1985 claim" See Brown v. City of Oneonta, 221 F.3d 329, 341 (2d Cir.2000) (citation and quotation marks omitted). Once at school, they waited in Hughes' van for their father, Curtis Edwards, Sr. to arrive at the school. Share Scoring leaders Conference scores TEAM RESULTS. could identify with specificity what or whom she feared, the District would have to deny the request for continued home instruction. and [C.E.] 529 Main Street, Center Moriches, NY 11934. The infant plaintiffs assert the following causes of action: (1) violations of equal protection pursuant to 42 U.S.C. Stmt. E; Pls. (Id. You dont always have to spend a lot of money to get improved educational results, he said. (Brewington Decl., Ex. and "several other non-Native American students" to assert selective treatment by defendant Kretsos based on national origin in how he dealt with the hostility between the two groups of students during the melee, there is simply no evidence that Kretsos' response to J.E. Robyn Rayburn (term expires June 30, 2023) 2005); Rivera v. Goord, 253 F.Supp.2d 735, 757 (S.D.N.Y.2003) (following the grant of summary judgment, the court does "not address the issue of defendants' qualified immunity as the issue is moot"). 552.) 56.1 Stmt. Defs. 56.1 Stmt. Poe v. Leonard, 282 F.3d 123, 131 (2d Cir.2002) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. (Id. Center Moriches Boys Basketball . Id. Inside the school, there were many students waiting for the late bus in the lobby, as well as a crowd of students, teachers and guards in the hallway. and C.E. 56.1 Stmt. Defendants Bracco and Trocchio intervened, restrained him and had him taken injured to the girl's bathroom. 72; Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir.2010); Beverly v. Walker, 118 F.3d 900, 902 (2d Cir.1997); Savoie v. Merchants Bank, 84 F.3d 52, 60 (2d Cir.1996). Center Moriches, NY 11934, 2023 Center Moriches School District While you are reminiscing about the times you spent in high school at Center Moriches High School, you should also check out alumni photos, yearbook listings and share any reunion info if possible. Indus. Approval would not affect the tax levy. Id. However, upon de novo review, the uncontroverted evidence demonstrates that defendant Kretsos attempted to stop the fight between J.E. As she approached, C.E. 56.1 Stmt. It is well-settled that to establish an equal protection violation on a claim of selective enforcement, the plaintiff must satisfy a two-prong test and prove that "(1) the plaintiff, compared with others similarly situated, was selectively treated; and (2) that such selective treatment was based on impermissible considerations such as race, religion, intent to inhibit or punish the exercise of constitutional rights, or malicious or bad faith intent to injure a person." 's mother rejected. Moreover, comity suggests that this case would be better litigated in state court where the conduct of state actors can be adjudicated by the state court under state law. He has served on the school boards facilities advisory committee and its technology committee since 2014, and also has served on hiring committees. (Compl. at 1315-16.) and R.W. Community members already donate a lot to help fill funding gaps, she said, and the district needs to become more creative in seeking funding through grants or other programs. Center Moriches Middle School placed in the bottom 50% of all schools in New York for overall test scores (math proficiency is top 50%, and reading proficiency is bottom 50%) for the 2020-21 school year. (Pls. Search results from our Services may contain copyrighted material and, if so, you may not use such content unless you obtain permission from its owner or are otherwise permitted by law. (Id. 355-58.) To satisfy the "similarly situated" prong, plaintiffs must provide evidence comparing themselves to individuals that are similarly situated in all material respects; that is to say they must show a comparison of a similarly situated student of a different race or national origin who was involved in a fight and/or riot and/or physical altercation with a security guard and who was more favorably treated that the infant plaintiffs. 2593, 33 L.Ed.2d 484 (1972). 's testimony17 at his deposition confirms that he and Kretsos were attempting to separate J.E. See Grillo v. New York City Transit Auth., 291 F.3d 231, 235 (2d Cir.2002) (affirming summary judgment where plaintiff did "little more than cite to [his alleged] mistreatment and ask the court to conclude that it must have been related to [his] race. All rights reserved. Defs. Enriched by our diversity, the Center Moriches School District, in partnership with parents and the community, strives to provide a supportive, nurturing, and innovative learning environment. 1701, 123 L.Ed.2d 338 (1993). of Educ., No. Armstrong, 517 U.S. at 470, 116 S.Ct. Section 1985 requires that plaintiffs establish: (1) a conspiracy; (2) for the purpose of depriving any person or class of persons equal protection of the laws; and (3) an act in furtherance of conspiracy; (4) whereby a person is either injured in his person or property or deprived of any right or privilege of a U.S. citizen. Nominating petitions shall not describe any specific vacancy upon the Board for which the candidate is nominated; must be directed to the Clerk of the District; must be signed by at least 25 qualified voters of the District (representing the greater of 25 qualified voters or 2% of the number of voters who voted in the previous annual election), must state the name and residence of each signer, and the name and residence of the candidate. He said the district should take advantage of enrichment programs in STEM, sports and the arts offered by local institutions at low cost; work toward a more rapid rollout of curriculum enhancements such as International Baccalaureates Middle Years Program and primary school foreign language classes; and consider programs that foster a strong environment for student learning, behavior and personal growth. For the following reasons, the undersigned recommends that the district court grant the (i) the motions for summary judgment on the federal claims; and (ii) decline to exercise supplemental jurisdiction over any state claims and dismiss those claims without prejudice. Tolbert v. Queens Coll., 242 F.3d 58, 69 (2d Cir.2001) (internal quotation marks and citations omitted). Our aim is to develop in young people a love of learning, self-confidence, and respect for others. Mar. In dismissing the appeal, the Commissioner noted that, "although petitioner initially rejected many of the scheduling options offered by the tutor, the hearing examiner facilitated an agreement between petitioner and respondent on a schedule for instruction." or C.E. Patenaude v. Salmon River Cent. Given the undersigned has concluded that plaintiffs have failed to prove any claim establishing a violation of a federal or constitutional right, there is no basis on which plaintiffs can seek recovery under 1985(3). Network & Systems Coordinator 2019-24. The district needs to continue its laser focus on student achievement and growth and keep working on the educational, maintenance and program goals in its five-year plan, he said. 1983 ("Section 1983") as to defendants District, High School, Board of Education, Cicero, Bracco, Cruz, Trocchio, Kretsos and Straub; (2) violations of procedural due process and selective enforcement pursuant to Section 1983 as to defendants District, High School, Board of Education, Cicero, Bracco, Cruz, Trocchio and Nelson; (3) conspiracy to violate procedural and substantive due process pursuant to 42 U.S.C. L at 83-89.) Rather, the trier of fact in a school disciplinary setting need provide only minimal due process for mild penalties, but must provide more significant protections for severe penalties." ), Principal Bracco intervened to control the situation. "went towards" Kretsos. (Id. returned to school. When a party raises an objection to an R & R, "the court is required to conduct a de novo review of the contested sections." The infant plaintiffs assert that defendant Kretsos violated their equal protection rights by selective treatment in dealing with the hostility between the students during the April 4, 2001 altercation when he physically assaulted J.E. at 5, 8.) For the reasons set forth above, the undersigned respectfully reports and recommends that District Defendants' and defendant Kretsos' motions for summary judgment on plaintiffs' federal claims be granted, and the district court decline to exercise supplemental jurisdiction over plaintiffs' pendent state claims and dismiss them without prejudice. Finally, to the extent plaintiffs seek to compare themselves to R.W. was escorted to Bracco's office. Dr. Nelson found that on the afternoon of April 4, 2003, there was a riot at the High School and that the conduct of J.E., S.E. Mtn. (Id. By letters dated May 27, 2003, the plaintiffs were informed of Dr. Cicero's decision and of their right to appeal to the Board of Education. )11 Plaintiffs are Native-American and African-American individuals, and they reside on, and are members of, the Unkechaug Indian Reservation. Given the infant plaintiffs were provided with (i) timely notice of the pending charges against them, (ii) a full opportunity to present their case at a formal disciplinary hearing prior to the decision to suspend each of them, (iii) the ability to challenge that suspension on appeal, and plaintiffs did in fact appeal the decision, the undersigned concludes that the procedures afforded the Edwards children in connection with their suspensions satisfied the plaintiffs' procedural due process under the Constitution.