Opinion

Doe v. Riverside School District

Court
District Court, M.D. Pennsylvania
Filed
Apr 12, 2024
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JANE DOE, a minor, by her mother : Civ. No. 3:23-CV-1118

and natural guardian, Jennifer Nied, :

and JENNIFER NIED, individually, :

:

Plaintiffs, :

:

v. : (Magistrate Judge Bloom)

:

RIVERSIDE SCHOOL DISTRICT, :

d/b/a Riverside Junior/Senior :

High School, et al., :

:

Defendants. :

MEMORANDUM OPINION AND ORDER

I. Introduction

This case comes before us on a motion for reconsideration filed by

the plaintiffs. (Doc. 40). The plaintiffs filed this action against the

Riverside School District (“the District”) and other defendants, alleging

claims of discrimination and retaliation under Title IX of the Education

Amendments of 1972 (“Title IX”), 20 U.S.C. §§ 1681, ; violations of

the Fourteenth Amendment’s Equal Protection and Substantive Due

Process clauses under 42 U.S.C. § 1983; a 1 claim under § 1983;

1 , 436 U.S. 658

(1978).

and state law claims of negligence, negligence , breach of contract,

intentional infliction of emotional distress, and negligent infliction of

emotional distress. ( Doc. 1). These claims arose from the sexual abuse

and subsequent sexual harassment of the Jane Doe plaintiff by another

student in the District, whom the plaintiffs allege the District failed to

remove from the school setting.

We granted the Defendant’s motion to dismiss in part, dismissing

the § 1983 and state law negligence claims against the District. (Docs.

36, 37). Relevant to the instant motion to reconsider, we dismissed the

plaintiffs’ § 1983 claims alleging liability against the district,

finding that the plaintiffs had failed to allege any affirmative action by

the District, and further, that the plaintiffs had failed to plead facts from

which we could infer that the District discriminated against her based on

gender in violation of the Fourteenth Amendment. (Doc. 36 at 21-24). We

also dismissed the plaintiffs’ negligence claims against the District,

concluding that the District was shielded by immunity under the

Pennsylvania Political Subdivision Tort Claims Act (“PSTA”). ( at 24-

30).

The plaintiffs now urge us to reconsider our ruling on the motion to

dismiss, asserting that we erred in our consideration and dismissal of

these claims. (Doc. 40). After consideration, we will deny the plaintiffs’

motion.

II. Discussion

“The purpose of a motion for reconsideration . . . is to correct

manifest errors of law or fact or to present newly discovered evidence.”

, 602 F.3d 237,

251 (3d Cir. 2010) (internal citations and quotations omitted). It is not to

“rehash arguments already briefed.” ,

42 F. Supp. 2d 385, 419 (D. Del. 1999). Thus, motions for reconsideration

should be granted sparingly and only if the plaintiff can show: “(1) [an]

intervening change in controlling law, (2) availability of new evidence not

previously available, or (3) need to correct a clear error of law or prevent

manifest injustice.” , 796 F. Supp. 829, 830

(M.D. Pa. 1992); , 884

F. Supp. 937, 943 (E.D. Pa. 1995).

Here, the plaintiffs do not argue that there has been an intervening

change in the law, nor do they present new evidence in support of their

claims that was not previously available. Rather, they assert that we

erred in our consideration of the law as applied to the plaintiffs’ claims

against the District. Specifically, the plaintiffs contend that they have

adequately pleaded their § 1983 claims against the District, and further,

that the PSTCA does not bar their negligence claims against this

defendant.

With respect to the plaintiffs’ § 1983 claims against the District, the

plaintiffs assert that their complaint adequately pleads a claim against

the District for its failure to act to protect Jane Doe from the sexual

harassment of A.P. They further claim that they adequately pleaded facts

to show that the school was deliberately indifferent to the sexual

harassment in violation of the Equal Protection clause. We disagree.

As we stated in our prior Memorandum Opinion, the plaintiffs’

allegations that the District failed to prevent Jane Doe from being

harassed by a mere failure to act is insufficient to establish § 1983

liability:

The Third Circuit has held that “failures to act cannot form

the basis of a valid § 1983 claim.” ,

455 F.3d 418, 433 n. 11 (3d Cir. 2006) (collecting cases);

, 813 F. App’x 799, 803

(3d Cir. 2020) (school’s failure to respond to reports of bullying

not an affirmative act for § 1983 liability); , 168 F. Supp.

3d at 815 (same); , 2012

WL 1827194, at *6 (M.D. Pa. May 18, 2012) (dismissing

student’s claim that the school’s failure to prevent student-on-

student harassment violated her constitutional rights). This

is particularly so in cases in which the underlying violative

act—the sexual harassment—is committed by private actors

rather than state actors.

, 972 F.2d 1364, 1376 (3d Cir.

1992) (distinguishing sexual abuse by a teacher who is a state

actor from student-on-student sexual abuse perpetrated by a

private actor).

(Doc. 36 at 22). While the plaintiffs are correct that a municipality may

be held liable based upon a showing that it was aware of similar conduct

in the past but failed to take action to prevent future violations (Doc. 41

at 11), the plaintiffs must plead facts to that effect. Here, the complaint

falls short of alleging that the District was aware of any prior harassment

of the plaintiff by A.P. and that it failed to act. Rather, the complaint

alleges that the harassment occurred, Nied set up a meeting with

the District to inform them of what was occurring. Accordingly, the

District cannot be held liable based on their failure to act to prevent these

alleged instances of harassment where there are no allegations tending

to show that the District was “aware of similar unlawful conduct in the

past.” ( ) (quoting , 915 F.2d 845, 851 (3d Cir.

1990)).

Further, the plaintiffs assert that they have adequately pleaded

intentional discrimination by the District to sufficiently allege a claim

under the Equal Protection clause. The plaintiffs point us to

, 309 F. Supp. 3d 367 (E.D. Pa. 2018) and

, 2023 WL 8703402

(M.D. Pa. Dec. 15, 2023), arguing that this caselaw establishes that a

showing of deliberate indifference to student-on-student harassment is

sufficient to state a claim of intentional discrimination under the Equal

Protection clause. (Doc. 41 at 11-12). In , however, the plaintiffs

had alleged facts showing that school administrators had taken

affirmative steps to encourage the harassment, including suggesting that

the student-victim of the harassment switch schools after being informed

of the harassment. , 309 F. Supp. 3d at 378. Similarly, in

, the plaintiff had alleged that the school district ended a

training program that it previously had regarding racial harassment,

and that the school district told the plaintiffs it had investigated reported

incidents of harassment and acted when it had not. , 2023 WL

8703402 at *1, 7.

The plaintiffs in this case make no such allegations. Rather, the

complaint in this matter merely alleges that the District failed to remove

A.P. from the school, intervene in the alleged sexual harassment, or

otherwise protect Jane Doe from A.P.’s actions, which they assert led to

A.P.’s subsequent harassment of Jane Doe. These allegations are

insufficient to establish deliberate indifference by the District to

maintain a § 1983 claim against it. Accordingly, we cannot conclude that

the plaintiffs have shown a clear error of law in our decision to dismiss

these § 1983 claims against the District.

We similarly conclude that the plaintiffs have failed to establish a

clear error of law with respect to our dismissal of the negligence claims

against the District. The plaintiffs contend that the PSTCA does not

provide immunity to the District because of the “sexual abuse” exception

to the PSTCA. They argue that the sexual abuse exception encompasses

the sexual harassment allegedly suffered by Jane Doe, and that this falls

within the PSTCA’s exception that a municipality may be liable if the

sexual abuse was a result of the action or inaction of the municipality.

(Doc. 41 at 17-18).

However, as we explained in our prior Memorandum Opinion, in

our view, the clear language of the sexual abuse exception does not

encompass the sexual harassment alleged by the plaintiff in this case.

The exception waives immunity for “Sexual abuse.--

. . . if the

injuries to the plaintiff were caused by actions or omissions of the local

agency which constitute negligence.” 42 Pa. Const. Stat. § 8542(b)(9)

(emphasis added). While the plaintiffs believe that “sexual abuse”

encompasses “sexual harassment” as alleged by the plaintiff, the

exception clearly delineates that “sexual abuse” in this context is limited

to “[c]onduct which constitutes an offense enumerated under section

5551(7).” Section 5551(7) enumerates nine offenses, one of which

encompasses the sexual assault of which A.P. was adjudicated guilty.

18 Pa. Cons. Stat. § 3124.1. It does not, however, include any reference

to sexual harassment.

As we previously explained, we agree with the statutory

interpretation set forth by one court in this district, which noted that “[i]f

the PSTCA’s drafters wanted the ‘sexual abuse’ waiver to sweep more

broadly than the criminal statutes they referenced, they did not say so.”

, 2023 WL 6449429, at *7 (M.D. Pa.

Oct. 3, 2023). The sexual abuse waiver in the PSTCA clearly and

unambiguously encompasses the enumerated conduct set forth and cross-

referenced in the statute, which does not include sexual harassment. The

plaintiffs have provided us with no argument to the contrary. Rather, the

plaintiffs rely on their own interpretation of the harassment as “sexual

abuse” to argue that this court committed a clear error of law in applying

the PSTCA waiver and dismissing the negligence claims against the

District. Accordingly, the plaintiffs have failed to show a clear error of

law in our decision dismissing these negligence claims against the

District.

Finally, we note that the plaintiffs have requested leave to amend

their complaint to attempt to replead the § 1983 claims against the

District.2 (Doc. 41 at 15-16). Rule 15 of the Federal Rules of Civil

Procedure permits a party to amend a pleading once as a matter of

2 The plaintiffs have not requested leave to amend the negligence claims

against the District. We note that because these claims have been

dismissed on immunity grounds, any amendment would be futile.

, , 2014 WL 4081477, at *9 (E.D. Pa.

Aug. 18, 2024) (finding that leave to amend claims dismissed on the basis

of PSTCA immunity would be futile).

course, if amended within a particular timeframe, and with either

consent of the opposing party or leave of court in all other cases. Fed. R.

Civ. P. 15(a). Leave to amend should be freely given “when justice so

requires.” However, the decision to grant a party’s request to amend

a pleading lies within the discretion of the court. , 213

F.3d 113, 115 (3d Cir. 2000). A court may deny a party’s request to amend

if amendment would result in undue delay, is motivated by bad faith, or

would be futile. , 371 U.S. 178, 182 (1962).

Here, there is no indication that granting the plaintiffs’ request for

leave to amend as to the § 1983 claims against the District would result

in undue delay, would be futile, is motivated by bad faith, or would

prejudice the defendants. Accordingly, we will grant the plaintiffs’

request and permit them leave to amend their complaint with respect to

the § 1983 claims against the District.

III. Order

Accordingly, for the foregoing reasons, the plaintiffs’ motion for

reconsideration (Doc. 40) is DENIED.

So ordered this 11th day of April 2024.

Daryl F. Bloom

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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