Indeed, plaintiff Victoria Edwards challenged the adequacy of the tutoring with the New York State Department of Education; she received notice in writing that the home instruction for infant plaintiff C.E. First, plaintiffs had timely notice of the disciplinary hearings against them. Our aim is to develop in young people a love of learning, self-confidence, and respect for others. Jenkins v. N.Y. City Dep't of Educ., No 10 Civ. Matsushita Elec. 555, 50 L.Ed.2d 450 (1977) (discriminatory purpose must be at least a "motivating factor" in the decision, even if not the primary consideration); Saggio v. Sprady, 475 F.Supp.2d 203, 209 (E.D.N.Y.2007) (dismissing equal protection claim where there was insufficient evidence to support a conclusion that race played a role in the determination of how to deal with hostility between students). Servs., 489 U.S. 189, 196, 109 S.Ct. Knowing that a fight was about to happen, J.E. 1197, 103 L.Ed.2d 412 (1989). continued to be unlawfully absent from attendance the District would have no choice but to file a PINS petition in Family Court, as C.E. would end upon the expiration of C.E. "As a general matter, due process of law at a school disciplinary hearing need not include all of the procedural protections provided in a criminal proceeding. 807, 127 L.Ed.2d 114 (1994) (internal quotation marks and citations omitted); see Sykes v. James, 13 F.3d 515, 519 (2d Cir.1993) ("Section 1983 itself creates no substantive rights; it provides only a procedure for redress for the deprivation of rights established elsewhere"). 98 CIV 1429(THK), 2000 WL 666342, at *4 (S.D.N.Y. Id. J.E., C.E., C.E. 521-22.) Mem. No. On August 7, 2012, Judge Lindsay issued a Report and Recommendation (the "R & R") recommending that this Court grant the motions for summary judgment on the federal claims, decline to exercise supplemental jurisdiction over any state claims, and dismiss those state claims without prejudice. The Supreme Court has emphasized that "[o]ur Constitution deals with the large concerns of the governors and the governed, but it does not purport to supplant traditional tort law in laying down rules of conduct to regulate liability for injuries that attend living together in society." (Pls. As S.E. Id. (Dist. Powered by Syntaxny.com. Hous. in Opp. ; see, e.g., Barnett v. Tipton County Bd. "Without an underlying constitutional violation, qualified immunity cannot attach." Additionally, plaintiffs contend that the defendants violated plaintiff Victoria Edwards' substantive due process rights by filing a PINS petition and making a report to Child Protective Services to have plaintiff C.E. 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. Plaintiffs claim, however, that the tutoring was inadequate because it was "inconsistent and substandard, for example, [p]laintiffs could not understand two of the tutors, one tutor was at least two hours late for a tutoring session and [d]efendants controlled the scheduled [sic] the tutors without input from [p]laintiff Victoria other than for her to make arrangements for a place for the tutoring." ), In May 2003, Victoria Edwards filed a complaint with the United States Department of Education, Officer of Civil Rights ("OCR"), alleging that the District discriminated against plaintiffs in the way it handled the April 4, 2003 altercation at the High School, the subsequent discipline and the tutoring services. Rather the evidence demonstrates that his aim was to contain a fight between students, which was spinning out of control and in danger of expanding to other students. 177), and on September 18, 2012, defendant Kretsos responded thereto (Doc. To contact the Board of Education please emailboe@cmschools.org
and S.E. back to school. (Brewington Decl., Ex. 345.) (for six months) undermines the comparison for purposes of their selective enforcement claim. (Doc. 194-97.) punched R.W. Citations are also linked in the body of the Featured Case. Title VI of the Civil Rights Act of 1964 provides as follows: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. of Mineola, 273 F.3d 494, 499 n. 2 (2d Cir.2001), "[a] court may grant summary judgment in a defendant's favor on the basis of lack of similarity of situation where no reasonable jury could find that the persons to whom the plaintiff compares [him]self are similarly situated," Clubside, Inc. v. Valentin, 468 F.3d 144, 159 (2d Cir.2006); accord Vassallo, 591 F.Supp.2d at 184 (same). had accrued a total of twelve (12) unexcused absences. 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"). 520. J.E., C.E., C.E. Prudent decisions need to be made to ensure that any increase in funds be allocated in a way that will provide the greatest benefit to students, he said. (Pls. 42 U.S.C. on that day reflected their participation in inciting the riot that took place. ), During the period of the their suspensions, the District provided the Edwards children with home tutoring services. Cathedral Church of the Intercessor v. The Incorporated Village of Malverne, 353 F.Supp.2d 375, 391 (E.D.N.Y. to Dist. at 27.) As previously noted, plaintiff Victoria was advised by the District that C.E. Defs. Defs. Finally, to the extent plaintiff Victoria claims that defendants violated her own substantive due process rights by filing a PINS petition and making a report to Child Protective Services to have C.E. v. City of New York, 101 F.3d 877, 881-82 (2d Cir.1996) (holding that "there is no constitutional violation (and no available 1983 action) when there is an adequate state post-deprivation procedure to remedy a random, arbitrary deprivation of property or liberty"). (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. (Id. Before the court, on referral from District Judge Mauskopf, are the District Defendants' and defendant Kretsos' motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. "[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). 88; Dist. Cine SK8, Inc., 507 F.3d at 790; see Church of the Am. To establish a claim for hostile education environment under Title VI, plaintiffs must establish "(1) the alleged harassment was so severe, pervasive, and objectively offensive that it deprived the plaintiff of access to the educational opportunities or benefits provided by the school; (2) the funding recipient had actual knowledge of the harassment; and (3) the funding recipient was deliberately indifferent to the harassment." A plaintiff alleging a violation of her First Amendment rights must demonstrate "(1) [s]he has an interest protected by the First Amendment; (2) defendants' actions were motivated or substantially caused by [her] exercise of that right; and (3) defendants' actions effectively chilled the exercise of [her] First Amendment right." to return to school. (Dist. What is the racial composition of the student body? See id. The nearest high school and middle school to Center Moriches Middle School is. 117, 119.) Mtn. of Educ., No. amend. Brown v. City of Syracuse, 673 F.3d 141, 151-52 (2d Cir.2012) (internal quotation marks and citations omitted); see Cine SK8, Inc. v. Town of Henrietta, 507 F.3d 778, 790 (2d Cir.2007); Seymour's Boatyard, Inc. v. Town of Huntington, No. Donate . He has a bachelors degree from Massachusetts Institute of Technology and a masters degree in instrumentation in physics from Stony Brook University. at 21.) (Id. The infant plaintiffs contend that defendants deprived them of their liberty interest in freedom from "unjustified intrusions on personal security," see Ingraham v. Wright, 430 U.S. 651, 673, 97 S.Ct. saw their cousin Robin Hughes driving towards the High School, and they asked DeHoyos to bring them back to the school. (Stern Decl., Ex. 230. (Id. 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. 192.) or C.E. (Pls. The Due Process Clause of the Fourteenth Amendment "provides that certain substantive rights life, liberty, and property cannot be deprived except pursuant to constitutionally adequate procedures." 2505. 529 Main Street, Center Moriches, NY 11934. at Exs. 's suspension expired and she was due to return to school on November 3, 2003. 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"). 1983, 1985, 1986, the First, Fifth and Fourteenth Amendments to the United States Constitution and state law against defendants Center Moriches Union Free School District ("District"), Center Moriches High School ("High School"), Center Moriches Board of Education ("Board of Education"), Dr. Phillip Cicero1 ("Cicero"), in his individual and official capacity, Lino Bracco2 ("Bracco"), in his individual and official capacity, Michael Cruz3 ("Cruz"), in his individual and official capacity, Dr. Bert Nelson4 ("Nelson"), in his individual and official capacity, Bill Straub5 ("Straub"), in his individual and official capacity, Marc Trocchio (s/h/a Marc Trochhio)6 (hereinafter "Trocchio"), in his individual and official capacity, Veronica Treadwell7 (s/h/a Veronica Tredwell) (hereinafter "Treadwell"), in her individual and official capacity, (hereinafter all defendants except Tom Kretsos collectively the "District Defendants") and defendant Tom Kretsos8, in his individual and official capacity, ("defendant Kretsos").9 The claims relate to events at Center Moriches High School on April 4, 2003, while the infant plaintiffs were students at the school, and the school officials' decisions on that day, and in the time period that followed with respect to the infant plaintiffs. Dist., 365 F.3d 107, 122 (2d Cir.2004) (citation omitted). To the contrary, plaintiffs state that "[t]he sole motive for Defendant School District to insist on retaining Plaintiff (C.E.) There is no dispute that Kretsos was trying to stop the fight between J.E. Any objections to this Report and Recommendation must be electronically filed with the Clerk of the Court within 14 days. Jr. and S.E. 7 a.m. to 9 p.m. Tuesday at Clayton Huey Elementary School. Website design, development, & maintenance. There is no support in this Circuit, nor do plaintiffs provide the court with any support, for a liberty interest on behalf of a parent to dictate the educational environment of a child of compulsory education age or a constitutional parental right not to be forced to place such child in a school environment that the parent subjectively perceives to be unsafe. would attend school in the South Country Central School District at Bellport High School during the 2004-2005 school year and thereafter. Plaintiffs assert that Kretsos allegedly shouted racial epithets12 and threats towards the infant plaintiffs during the altercations both inside and outside the High School. (Pls. It is "essentially a direction that all persons similarly situated be treated alike." 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. In order to state a claim under Section 1986, plaintiffs must state a valid cause of action under Section 1985. Dist. that the police were called, J.E. (Compl.
Id. However, where an objection consists of "conclusory or general arguments" or is merely an "attempt to engage the district court in rehashing of the same arguments set forth in the original petition," clear error review is appropriate. For the reasons set forth below, this Court finds plaintiffs' objections to be without merit, and adopts the thorough and well-reasoned R & R in its entirety. FF.) then pushed Kretsos, C.E. The five member Board of Education, elected by the people and serving without salary, is responsible for district policy development and management. Minority enrollment is 31% of the student body (majority Hispanic), which is lower than the New York state average of 59% (majority Hispanic). As policy drafts are reviewed, they will be made publicly accessible through BoardDocs under the "Policies" drop down to the far right of any main page. Plaintiffs further claim that defendants are liable under Section 1986 for failing to prevent this conspiracy. returned to school, plaintiff Victoria has set forth no facts to suggest that defendants' actions were made for anything but lawful reasons. Victoria refused to allow C.E. The candidates running for two open spaces on the Center Moriches Board of Education are: All questions for the candidates must be pre-submitted by community members to (function(){var ml="uenm.g0o4fschri%ty",mi=">297?8637=>;<1:;73302>@A;12@1=47=5",o="";for(var j=0,l=mi.length;j
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