355-58.) 287.) The teacher population of 31 teachers has grown by 63% over five school years. Gallo v. Prudential Residential Servs., Ltd., 22 F.3d 1219, 1223-24 (2d Cir.1994) (citations omitted). and R.W., but Kretsos "was getting frustrated" because the brawl was escalating and he could not stop the fight. 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. 10170(GEL), 2007 WL 840115, at *7 (S.D.N.Y. As she approached, C.E. 992, 43 L.Ed.2d 214 (1975); see also United States v. International Bhd. 's sister C.E. once in the face. (Id. Thus, the court examines whether the infant plaintiffs were deprived of their right to a public education without due process. to punch Kretsos before he could be pulled away from the pile. (Id. was guilty of all 10 charges brought against him; C.E. had accrued a total of twelve (12) unexcused absences. could identify with specificity what or whom she feared, the District would have to deny the request for continued home instruction. (Dist. (Doc. "[S]chools have no duty under the Due Process Clause to protect students from assaults by other students, even where the school knew or should have known of the danger presented." Matican v. City of New York, 524 F.3d 151, 155 (2d Cir.2008). (Id. 1348. 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." went home by bus, and J.E. of Education. Matsushita, 475 U.S. at 586, 106 S.Ct. and C.E. and C.E. Thus, "[i]n order to assert a violation of procedural due process rights, a plaintiff must first identify a property right, second show that the [government] has deprived him of that right, and third show that the deprivation was effected without due process." ), 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. saw R.W. Bizzarro v. Miranda, 394 F.3d 82, 87 (2d Cir.2005) see Anderson v. City of New York, 817 F.Supp.2d 77, 94-95 (E.D.N.Y.2011) (same). Sale price: $49.99. returned to school this claim is meritless. That being said, the alleged racial slurs were made during the riotous incident which was perpetrated by the students and in which Kretsos had unsuccessfully attempted to contain, but had lost control. By Kay BloughSpecial to Newsday May 11 . Hazen Paper Co. v. Biggins, 507 U.S. 604, 610, 113 S.Ct. You dont always have to spend a lot of money to get improved educational results, he said. We seek to promote critical thinking and individual excellence for all students through academic achievement, physical and emotional wellness, and social responsibility. "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." was not of Native American national origin or (ii) that their discipline was excessive compared to her, the additional fact that R.W. C.E. Cmty. 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). v. Dept. J at 56-58.) At one end of the continuum, for example, the Second Circuit held in Johnson v. Newburgh Enlarged Sch. It's time to schedule your senior portrait appointment! (Id. and C.E. Approval would not affect the tax levy. Sch. Support our mission. (Id. 134-38; Brewington Decl., Ex. See Goss v. Lopez, 419 U.S. 565, 576, 95 S.Ct. 546. saw their cousin Robin Hughes driving towards the High School, and they asked DeHoyos to bring them back to the school. In the heat of the moment, individuals do make regrettable statements which in a perfect world should never be uttered. (Id. (Id. Feb. 16, 2005); see Scruggs v. Meriden Bd. The infant plaintiffs assert the following causes of action: (1) violations of equal protection pursuant to 42 U.S.C. There is no dispute the District receives federal funding through the Indian Education Formula Grant or that plaintiffs are recipients of the grant as Native American students. Defs. 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." 55-59% of students have achieved math proficiency (compared to the 55% NY state average), while 50-54% of students have achieved reading proficiency (compared to the 62% NY state average). I at 69, 71-72.). "went towards" Kretsos. See Hudson v. Palmer, 468 U.S. 517, 532, 104 S.Ct. 177), and on September 18, 2012, defendant Kretsos responded thereto (Doc. Dr. Nelson concluded that, in any event, in his judgment the disciplinary hearing decision required that he focus on the actions and conduct of the students involved: (Id. (Doc. was suspended for a longer period of time than C.E. There is no dispute here that, by filing a Notice of Claim or a complaint of discrimination related to race and national origin concerning her children's education in the Center Moriches schools, plaintiff Victoria engaged in protected activity. 733, 21 L.Ed.2d 731 (1969) (observing that states and school officials have the "comprehensive authority consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools"); Brown v. Bd. (Id. 130-31.) 2018, 56 L.Ed.2d 611 (1978); Town of Orangetown v. Magee, 88 N.Y.2d 41, 48, 643 N.Y.S.2d 21, 665 N.E.2d 1061 (1996); see also Alex LL. and 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. When J.E. What is the student:teacher ratio of Center Moriches Middle School? Servs., 60 A.D.3d 199, 872 N.Y.S.2d 569 (3rd Dep't 2009). (Pls. (Dist. PP.) A municipality may not, however, be held liable under Section 1983 on a respondeat superior theory of liability for its employees' alleged constitutional violations. "The Supreme Court has recognized that an individual is acting under color of state law when exercising power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law." (Id. 56.1 Stmt. in Opp. What is missing here, however, is evidence of unlawful retaliation by defendants which was motivated by plaintiff Victoria's exercise of her speech. (Id. 1-2. It also includes several additional Advanced Placement and Excelsior electives, clubs and additional academic support for math at the primary level, along with a second middle school volleyball team, middle school intramurals, and assistant coaches at the high school level for boys and girls varsity lacrosse. Defs. Our aim is to develop in young people a love of learning, self-confidence, and respect for others. During the April 4, 2003 incident, the two groups of students involved in the fights were African-American. (Pls. Moriches Community Center will host a Meet the Candidates night! Sch. L at 104-06. Center Moriches Boys Basketball . Summary judgment is appropriate when the moving party can show that "little or no evidence may be found in support of the nonmoving party's case." Since there are no underlying constitutional violations, the plaintiffs' claims for municipal liability against the District Defendants fails. Plaintiff Victoria Edwards asserts the following causes of action: (1) violations of equal protection and freedom of expression pursuant to Section 1983 as to defendants District, High School, Board of Education, Cicero, Bracco, Cruz, Trocchio, and Kretsos; (2) conspiracy to violate procedural and substantive due process pursuant to 42 U.S.C. The Clerk of the Court is directed to enter Judgment accordingly and to close the case. Dist., 658 F.Supp.2d 461, 489-91 (E.D.N.Y.2009) (holding that due process was afforded where plaintiffs were given written notice of the charges against them, a full opportunity to present their case at a formal hearing prior to the decision to suspend, and provided procedures to challenge the decision). Viewing the facts in the light most favorable to plaintiffs, the court is likewise constrained to conclude that Kretsos' alleged conduct in this case does not rise to the level of "egregious conduct so brutal and offensive to human dignity as to shock the contemporary conscious" and constitute a constitutional violation.15 That is not to say that the undersigned condones such alleged conduct. (Id. Upon reviewing the record evidence in the light most favorable to plaintiffs and drawing all inferences in their favor, the undersigned concludes that plaintiffs have failed to satisfy the first prong element of a selective enforcement claim to raise a genuine issue of material fact over whether the infant plaintiffs were similarly situated to any Caucasian students or any other students involved in the incident. When Kretsos told J.E. 537. that the police were called, J.E. Under the second prong, plaintiffs must demonstrate that "the disparate treatment was caused by the impermissible motivation. 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. Smart Schools Bond Act Center Moriches Allocation: $1,034,558 State funding will be done through a reimbursement model: "Once an approved purchase is made and the request for reimbursement is received and approved, the New York State Education Department will authorize payment and the funds will be Valenti v. Massapequa Union Free Sch. Jr., C.E. 72-73; Brewington Decl., Ex. 634 views, 44 likes, 28 loves, 14 comments, 0 shares, Facebook Watch Videos from Center Moriches School District: This evening, the Board of Education was pleased to recognize Center Moriches School. and S.E. 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. amend. Bracco allowed DeHoyos to take them and she escorted the Edwards children outside. This increase is equal to the districts tax-cap limit, so a simple majority will be required to approve the budget. And we have to keep to our goal of allocating a half-percent of the 2 percent cap for programmatic gains, he said. Donate . 176-78.) (Id. City of Canton v. Harris, 489 U.S. 378, 385, 109 S.Ct. (Id. 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. Cf. Plaintiffs' assumption that because J.E. Hayden v. County of Nassau, 180 F.3d 42, 48 (2d Cir.1999). 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). 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. Section 1985 provides in pertinent part that: 42. 550-51.) Id. Listed below are the cases that are cited in this Featured Case. Hous. without intervening and permitting defendant Kretsos to use racially derogatory language without consequence," and that defendants were deliberately indifferent to such known discrimination. By state law, C.E. In addition, plaintiff Victoria alleges her substantive rights were violated when the District defendants filed a PINS action and allegedly made false reports to Child Protective Services to force her daughter C.E. Obj. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. Inasmuch as the that the plaintiffs have failed to prove a constitutional violation or that they suffered any unlawful discrimination,30 the issue of the individual defendants' qualified immunity defense is moot. Any objections to this Report and Recommendation must be electronically filed with the Clerk of the Court within 14 days. Elections are held in May at the same time as the annual school budget vote. Plaintiffs' claim that defendants violated C.E. 7:06-cv-15509 (WWE), 2011 WL 1079944, at *9 (S.D.N.Y. . Date Opponent Result; 12/06/2022: Longwood: 54 - 71 . Nov. 9, 2011) (citing 42 U.S.C. 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. Accordingly, defendants' motions for summary judgment on all federal claims are GRANTED. 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. As S.E. 56.1 Stmt. Defs. The parties disagree about what transpired next. 1348, 89 L.Ed.2d 538 (1986) (quoting Fed. and J.E. Once at school, they waited in Hughes' van for their father, Curtis Edwards, Sr. to arrive at the school. School of Medicine, No. Stmt. While Kretsos' alleged use of force against J.E. Mem. 189.) What grades does Center Moriches Middle School offer ? J.E. (Pls. 529 Main Street Jun 30 2023 2:09 PM. to return to school, citing fear of mistreatment and retaliation, and requested continued home instruction for her daughter. CCC.). New York.https://leagle.com/images/logo.png. 529 Main Street, Center Moriches, NY 11934. BACKGROUND: Maxwell, 47, is a teacher in the Hicksville district. a "nigger bitch"; and yelled at the students, "I called the police and you bunch of niggers are getting fucking arrested." were also suspended for fighting in the April 4, 2003 incident. 2505. 367-70.) Neighborhood Action Committee v. City of New York, 101 F.3d 877, 881-82 (2d Cir. The undisputed facts of the instant case demonstrate that the process afforded to each of the infant plaintiffs was sufficient to satisfy the constitutional requirements of due process. returned to school, plaintiff Victoria has set forth no facts to suggest that defendants' actions were made for anything but lawful reasons. 19, 2007). (Id. 1998) ("In general, where the federal claims are dismissed before trial, the state claims should be dismissed as well. Jr. informed them that he would not to talk to them because he was a minor and his parents were not present, and he advised his brother S.E. ), By letter dated November 14, 2003, Rosemarie Seitelman, Director of Special Services, informed plaintiffs that J.E. of Educ., 2010 WL 3925961, at *10 (D.Conn. Plaintiffs also assert that the magistrate misstated and misapplied the law concerning the purpose of the PINS action and concerning 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 perceives to be unsafe. However, plaintiffs have failed to set forth evidence that others, similarly situated, were treated differently from plaintiffs or that defendant Kretsos discriminated against the infant plaintiffs based on their race or national origin. Accordingly, the undersigned recommends that the district court grant the District Defendants' and defendant Kretsos' motions for summary judgment on plaintiffs' Section 1983 claims against the individual defendants. Concerning the disciplinary proceedings, there is no genuine issue of material fact concerning the process afforded to the infant plaintiffs; they were provided (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, and (iii) the ability to challenge that suspension on appeal. Rodriguez v. New York University, 2007 WL 117775, at *6 (S.D.N.Y. First, plaintiffs had timely notice of the disciplinary hearings against them. at 14), without more, is insufficient to establish a discriminatory purpose in this instance by security guard Kretsos to hit J.E. was escorted to Bracco's office. Alumni from CMHS can use this site to get in touch with old friends from their high school in NY. at 22.) (Pls. The altercation between the two students had reached such a fever pitch that despite Kretsos physically interjecting himself between J.E. (Stern Decl., Ex. once. J.E., C.E., C.E. In order to state a cause of action pursuant to Section 1983, plaintiffs must allege injury by either a state actor or a private party acting under color of state law. It is "essentially a direction that all persons similarly situated be treated alike." 1480, 134 L.Ed.2d 687 (1996) (study showing that persons selectively prosecuted for crack cocaine trafficking were black "did not constitute evidence tending to show the existence of the essential elements of a selective prosecution claim" to support a violation of equal protection). Sept. 30, 2008) (citing Cleveland Bd. Jr., S.E. and yelled racial epithets at them. 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"). The brawl began first outside the school building, and then continued in the school lobby. Additionally, please be further advised that all communications to the Board of Education and/or individual Board members, as well as the information contained therein, are generally not confidential (unless required to be maintained confidential pursuant to applicable law), and may be subject to public disclosure pursuant to the Freedom of Information Law and/or any other applicable State and Federal laws, rules, and regulations. of Educ., No. In her opposition papers, apart from her conclusory statement that defendants escalated their "attack on plaintiff Victoria by filing a PINS petition and making a false complaint of child abuse to Child Protective Services," plaintiff has not proffered any evidence that the District's filing the petition in Family Court and the report to Child Protective Services for plaintiff Victoria's failure to send her daughter back to school was false or was made in retaliation for plaintiff's complaints of discrimination against the District. On November 20, 2003, plaintiffs entered into a Stipulation and Release with the District that provided J.E., S.E. In turn, plaintiffs' inability to state a claim for conspiracy under 1985 is fatal to their 1986 claim against the District Defendants for failure to prevent the conspiracy. Important to its holding was "the Supreme Court's admonition that executive action challenges raise a particular need to preserve the constitutional proportions of claims, lest the Constitution be demoted to a font of tort law." Center Moriches Union Free School District-BoardDocs. In turn, having concluded that Kretsos' conduct does not support a substantive due process claim, plaintiffs' claims regarding the defendants' failure to intervene to stop Kretsos likewise fails to rise to constitutional proportions. 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. K at 86-88.) Sch. The court will address plaintiffs selective enforcement claims against the District Defendants and defendant Kretsos separately. that he swung around and hit J.E. 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). got into DeHoyos' car. The Center Moriches Union Free School District (the "District") is located in Suffolk County and administers the Center Moriches High School (the "High School"). 1401, 51 L.Ed.2d 711 (1977), on April 4, 2003 by failing to provide a safe environment for plaintiffs free from excessive force and/or verbal abuse.14 Specifically, plaintiffs assert that their substantive due process rights were violated when the District defendants allegedly (a) permitted Kretsos to punch J.E. 56.1 Stmt. Dist., No. 's sister C.E. Our aim is to develop in young people a love of learning, self-confidence, and respect for others. With respect to this element plaintiff must show "that the defendant discriminated against him on the basis of race, that the discrimination was intentional, and that the discrimination was a substantial or motivating factor for the defendant's actions." and C.E. "The Due Process Clause protects citizens from being deprived by the state of those rights, but it does not require the state to provide aid, even when it may be necessary." Daniels v. Williams, 474 U.S. 327, 332, 106 S.Ct. had to be restrained by her brother S.E. The Center Moriches Board of Education, as part of the Policy Committee, has contracted the New York State School Boards Association (NYSSBA) to conduct a thorough legal review to update all of the District's policies, keeping in line with the District's mission and NYS requirements. As discussed supra, the was no evidence of any constitutional violation with respect to the District's disciplinary decisions or the defendants' conduct during and after the April 4, 2003 incident. Website design, development, & maintenance. (Id. Comm., 555 U.S. 246, 258-59, 129 S.Ct. He has served on the school boards facilities advisory committee and its technology committee since 2014, and also has served on hiring committees. See Smith v. Half Hollow Hills Cent. Counter 56.1 Stmts. 56.1 Stmt. and C.E. Center Moriches, NY 11934, 2023 Center Moriches School District had a limited role in the events, she did attack a security guard. 729. While "[p]ublic high school students do have procedural rights while at school, 1983 does not extend the right to relitigate in federal court evidentiary questions arising in school disciplinary proceedings." Plaintiffs make no claim that the due process violation here was caused by an established state procedure. (Dist. 1983 as against defendant Treadwell; (9) discrimination on the basis of race and national origin in violation of New York State Education Law Section 3201 ("Educ. and communities working to diminish inequities in education. Wood, 420 U.S. at 327, 95 S.Ct. of a right to education by refusing to provide tutoring services for her after November 2003, when her suspension from school expired. Continuing the budget forecast out over five years will help senior citizens know how much of their income to allocate to taxes, he said, and seeking grants and touting the districts strong special education programs to attract tuition-paying students are revenue possibilities. at 252. When J.E. Summary judgment is proper only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 662, 88 L.Ed.2d 662 (1986). Curley v. Village of Suffern, 268 F.3d 65, 73 (2d Cir.2001) (citation omitted); see also Zherka v. Amicone, 634 F.3d 642, 644-45 (2d Cir.2011); Locurto v. Safir, 264 F.3d 154, 166 (2d Cir.2001); Glacken v. Inc. He has a bachelors degree from Massachusetts Institute of Technology and a masters degree in instrumentation in physics from Stony Brook University. M at 250.) in the face, the altercation had ceased."
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