Opinion

S.Y. v. Sampson County Board of Education

Court
District Court, E.D. North Carolina
Filed
Oct 31, 2024
Cited by
0 cases
Authority
More cited than 31.5%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No. 7:24-CV-471-D

S.Y. and C.Y., individually, and as )

guardians of their minor child, )

CAY,, )

)

Plaintiffs, )

)

ov. ) ORDER

)

SAMPSON COUNTY BOARD OF )

EDUCATION, et al., )

)

Defendants. ).

On May 29, 2024, C.Y. and S.Y, individually, and as guardians of the minor child C.A.Y.

(collectively, “plaintiffs”) filed a complaint in Sampson County Superior Court against (1)

Sampson County Board of Education (“Sampson County”), (2) Jamie King (““King”’), in his official

capacity as superintendent, (3) Melanie Smith (“Smith”), individually and in her official capacity

as principal, (4) Pam Westbrook (“Westbrook”), individually and in her official capacity as

assistant principal, (5) Shannon Williams (“Williams”), individually and in her official capacity as

school counselor, and Catherine Ruiz (“Ruiz”), individually and in her official capacity as teacher

(collectively, “defendants”) [D.E. 1-1]. On June 12, 2024, defendants removed the action to this

court [D.E. 1]. On June 19, 2024, defendants moved to dismiss the complaint [D.E. 12] and filed

a memorandum in support [D.E. 13]. See Fed. R. Civ. P. 12(b)(6). On July 9, 2024, plaintiffs

responded in opposition [D.E. 15] and voluntarily dismissed multiple claims in their complaint

[D.E. 16]. On July 23, 2024, defendants replied [D.E. 21].

Plaintiffs allege (1) a procedural due process claim under 42 U.S.C. § 1983 and the

Fourteenth Amendment of the United States Constitution and under the North Carolina

Constitution, Article 1, Section 15 against Sampson County and King in his official capacity, (2)

a substantive due process claim under 42 U.S.C. § 1983 and the Fourteenth Amendment of the

United States Constitution against Smith and Williams in both their official and individual

capacities, (3) an equal protection claim under 42 U.S.C. § 1983 and the Fourteenth Amendment

of the United States Constitution against Smith and Williams in their official capacities, (4) a

failure-to-train claim under 42 U.S.C. § 1983 and the Fourteenth Amendment of the United States

Constitution against Sampson County, (5) a negligence claim under North Carolina law against

Ruiz and Williams in their individual capacities, (6) a negligent infliction of emotional distress

claim under North Carolina law against Ruiz and Williams in their individual capacities, and (7) a

false imprisonment claim under North Carolina law against Smith and Williams in their individual

capacities. See [D.E. 1-1] 160-166, 185-91, 199-243; [D.E. 16] 1. As explained below, the

court grants in part defendants’ motion to dismiss, dismisses plaintiffs’ federal claims, declines to

exercise supplemental jurisdiction over plaintiffs’ state-law claims, and remands the action to

Sampson County Superior Court.

C.Y. (mother) and S.Y. (father) are the parents of C.A.Y., a six-year-old girl, who was

enrolled in special education at Plain View Elementary School (“Plain View”) in Sampson County,

North Carolina. See Compl. [D.E. 1-1] J 1, 3—7. In fall 2022, C.A.Y. attended kindergarten at

Plain View until she was asked to leave due to behavioral issues. See id. at 72. In fall 2023,

C.A.Y. again attended kindergarten at Plain View. See id. at 75.

On January 6, 2023, plaintiffs sought an individualized education plan (“IEP”) for C.A.Y.

See id. at | 76. On January 23, 2023, plaintiffs met with an unknown person and learned that

C.A.Y. performed below grade: level expectations and could not focus on an academic task for

more than a few minutes, even with “constant redirection.” Id. at ]77. Smith, Ruiz, and Emily

Bullard (a special education teacher) served as the IEP team and recommended a formal evaluation

concerning adaptive behavior and speech. See id. at { 78. In March 2023, plaintiffs engaged a

psychologist to assess C.A.Y. See id. at | 79. The psychologist diagnosed C.A.Y. with attention

deficit hyperactivity disorder combined type (“ADHD”) and recommended that C.A.Y.’s teachers _

put homework assignments in writing, make checklists, keep the school’s website up to date

concerning homework assignments, speak slowly, provide information in small units, use brain

breaks or movement and exercise, and develop a routine for turning in assignments. See id. at ff

80-81.

On March 14, 2023, Plain View completed a psychological evaluation of C.A.Y. See id. at

4 82. On March 31, 2023, with teacher and parental input and information from the psychological

evaluations, Plain View developed a written IEP for C.A.Y. See id. at J 83. The IEP recognized

C.A.Y.’s needs for specialized instruction in math, speech, language, motor skills, and adaptive

behavior. See id. at J 84. Plain View noted that it could not provide “consultation and/or training

for school staff to meet the unique needs of C.A.Y.” Id. at J 85.

On October 5, 2023, Ruiz reported to Smith that C.A.Y. slapped another student. □□□ □□□

at J 86. C.A.Y received a 2.6 hour in-school suspension for her actions. See id. at J 89.

On November 6, 2023, C.A.Y. disrupted reading class, refused to cooperate with her

teacher, threw markers on the floor, and refused to pick them up. See id. at ]90. C.A.Y. received

a 45-minute “calm down” period for her actions. Id. at J 93.

On November 22, 2023, C.A.Y. laid on the floor screaming and crying and spat at a

teacher’s assistant after she failed to complete an assignment. See id. at | 94. When the

administration could not get C.A.Y. under control, her classmates were taken out into the hallway

while C.A.Y. was placed in a 30 minute “chill out.” Id. at § 97.

On November 27, 2023, C.A.Y. ate chocolate candy, crackers, ham, a Little Debbie coffee

cake, and a bag of fruit loops for lunch. See id. at 98. Shortly after eating, C.A.Y. distracted

other students in Ruiz’s math class, refused to sit with the group, and pushed Ruiz. See id. Ruiz

texted Plain View’s office, called CY. (who told her to call S.Y.), and called S.Y. See id. After

C.AY. talked to S.Y., C.A.Y. went to the resource room and received a treat for behaving. See id.

Ruiz reported that C.A.Y.’s negative behavior seemed consistently linked to her “HIGH sugar

intake at lunch.” Id.

On December 4, 2023, C.A.Y. pulled on Ruiz, trying to make her fall. See id. at 100. A

school resource officer intervened and took C.A.Y. on a walk. See id. C.A.Y. returned to the

classroom with two lollipops, which Ruiz did not allow her to eat in the classroom. See id, Later,

C.A.Y. went to her resource session. See id. C.A.Y. returned from her resource session with

chocolate. See id.

On December 5, 2023, C.A.Y. acted “unruly,” ripped tape off the floor being used for a

class activity, and removed ornaments from the classroom Christmas tree. Id. at | 102. A resource

teacher intervened and took C.A.Y. to the resource room. See id. Nonetheless, Westbrook and

Williams needed to intervene when C.A.Y. did not calm down. See id. Smith gave C.A.Y. one

hour of “chill out” time. Id. at J 105.

On February 12, 2024, C.A.Y. refused to attend music class with her resource teacher. See

id. at { 106. The resource teacher took C.A.Y. to Smith’s office. See id. C.A.Y. crawled and

screamed on the office floor and would not listen to Smith, Williams, or Westbrook. See id. Then,

C.A.Y, “started hitting adults” and threw markers. Id. Someone called C.Y. See id. Eventually,

C.A.Y. went to a conference room for 45 minutes. See id.

On March 19, 2024, C.A.Y. refused to “go to her group” following Ruiz’s class. See id. at

109. C.A.Y. threw a pencil, took items off a shelf and threw them across the floor, and screamed.

See id. Smith and Williams removed C.A.Y. from the classroom for a 30 minute “chill out.” Id.

at J 112.

On March 22, 2024, a special education teacher, Pollock, gave C.Y. and S.Y. C.A.Y.’s

proposed IEP. See id. at FJ 142-48. On March 28, 2024, the IEP became effective. See id. at J

146.

On March 27, 2024, C.A.Y. sat in class screaming and crying. See id. at 7113. Smith and

a teacher called C.Y., who failed to calm C.A.Y. See id. Smith and a social worker moved C.A.Y.

to a small classroom, where she continued to scream, kick the social worker, and cry. See id. As

result, Smith told C.Y. to pick C.A.Y. up from school. See id.

On April 10, 2024, at 1:10 PM, C.A.Y. came nearly Taeetnenose with Ruiz and asked,

“What are you going to do?” Id. at § 116. C.A.Y. threw pens and pencils off Ruiz’s desk. See id.

Ruiz convinced C.A.Y. to return to her desk. See id. Ruiz walked with C.A.Y. to C.A.Y.’s desk.

See id. C.A.Y. began trying to kick Ruiz. See id. In order to calm C.A.Y., Ruiz asked C.A.Y. to

make good choices or draw a picture. See id. While C.A.Y. was distracted, Ruiz sought support

from another teacher or staff. See id. While Ruiz stood in the door, C.A.Y. suddenly charged at

her. See id. A fellow school employee, Mrs. Parsons, thwarted C.A.Y.’s attack and took C.A.Y.

out of the classroom on a walk. See id. At 1:15 PM, someone called C.Y. to pick up C.A.Y. from

school. See id. at 115. When C.Y. picked up C.A.Y., she noticed an abrasion on C.A.Y. from

her right temple to her cheek. See id. at J 123. Smith informed C.Y. that C.A.Y. scratched herself.

See id. at ¢ 124. C.A.Y. told C.Y. Smith shoved her into a wall, picked her up by her arms, and

placed her in a closet. See id. at FJ] 125-26. C.A.Y. also had bruises on her arms and legs. See id.

at J 127.

On April 11, 2024, C.Y. confronted Smith concerning C.A.Y’s allegations. See id. at { 129.

Smith denied pushing C.A.Y. See id. at { 130. C.Y. demanded to see footage from Plain View’s

cameras. See id. at 131. Smith denied that Plain View had cameras. See id. C.Y. called the

sheriff. See id. at { 133. The Sampson County Sheriff’s Office found a camera and footage at

Plain View. See id. at J] 133-34. The camera footage showed Smith and Williams carrying C.A.Y.

by her arms and legs and placing her in an unlocked closet for approximately five minutes. See

id. at FJ 115-16, 126, 135.

C.A.Y. received a one hour in-school detention for her behavior on April 10, 2024. See id.

at J] 119. On April 18, 2024, Plain View gave C.Y. and S.Y. copies of the office referral for this

incident. See id. at J 121.

On April 17, 2024, C.A.Y entered the physical education classroom late and began yelling.

See id. at § 137. Eventually, C.A.Y. began a cup-stacking activity like her classmates. See id.

After ten minutes, C.A.Y. refused to continue cup stacking and knocked over her cups. See id.

Anna Naylor, the gym teacher, took C.A.Y’s cups away. See id. C.A.Y. began shouting. See id.

Eventually, another teacher escorted the rest of the class out of the gym, where C.A.Y. remained

screaming. See id. Eventually, C.A.Y. calmed down. See id. Someone at Plain View called C.Y.

to pick up C.A.Y. See id. C.Y. received a 2.6-day out-of-school suspension for this incident. See

id. at J 138. While Plain View stated this was C.A.Y.’s fourth disciplinary incident, C.Y. claimed

she never received notices. See id. at J] 139-40. Plain View again provided the notices to C.Y.

See id. at FJ 140-41.

Plaintiffs allege that physical restraint and seclusion of C.A.Y. violate C.A.Y.’s IEP, section

504, and C.A.Y.’s behavior intervention plan. Plaintiffs also allege that defendants used

unreasonable force against C.A.Y. See id. at J] 149-50.

IL.

Plaintiffs brings some claims against Sampson County and some claims against Sampson

County employees in both their individual and official capacities. A claim against a public official

sued in his or her official capacity is essentially a claim against the government entity the official

represents. See Kentucky v. Graham, 473 U.S. 159, 165-66 (1985); Ridpath v. Bd. of Governors

Marshall Univ., 447 F.3d 292, 307 n.13 (4th Cir. 2006); Love-Lane v. Martin, 355 F.3d 766, 783

(4th Cir. 2004). Thus, plaintiffs’ procedural due process claim against King in his official capacity

in count one, the substantive due process claim against Smith and Williams in their official

capacities in count two, and the equal protection claim against Smith and Williams in their official

capacities in count three are functionally brought against Sampson County. See Hafer v. Melo,

502 U.S. 21, 25 (1991); Santos v. Frederick Cnty. Bd. of Comm’rs, 725 F.3d 451, 469 (4th Cir.

2013). Accordingly, the court dismisses plaintiffs’ official capacity claim against King in count

one, their official capacity claim against Smith and Williams in count two, and their official

capacity claim against Smith and Williams in count three.

Il.

A motion to dismiss under Rule 12(b)(6) tests the complaint’s legal and factual sufficiency.

See Ashcroft v. Iqbal, 556 U.S. 662, 677-80 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544,

554-63 (2007); Coleman v. Md. Ct. of Appeals, 626 F.3d 187, 190 (4th Cir. 2010), aff'd, 566 U.S.

30 (2012); Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir. 2008). To withstand a Rule 12(b)(6)

motion, a pleading “must contain sufficient factual matter, accepted as true, to state a claim to

relief that is plausible on its face.” Iqbal, 556 U.S. at 678 (quotation omitted); see Twombly, 550

U.S. at 570; Giarratano, 521 F.3d at 302. In considering the motion, the court must construe the

facts and reasonable inferences “in the light most favorable to [the nonmoving party].” Massey v.

Ojaniit, 759 F.3d 343, 352 (4th Cir. 2014) (quotation omitted); see Clatterbuck v. City of

Charlottesville, 708 F.3d 549, 557 (4th Cir. 2013), abrogated on other grounds by Reed v. Town of

Gilbert, 576 U.S. 155 (2015). A court need not accept as true a complaint’s legal conclusions,

“unwarranted inferences, unreasonable conclusions, or arguments.” Giarratano, 521 F.3d at 302

(quotation omitted); see Iqbal, 556 U.S. at 678-79. Rather, a plaintiff’s factual allegations must

“nudge[] [her] claims,” Twombly, 550 U.S. at 570, beyond the realm of “mere possibility” into

“plausibility.” Iqbal, 556 U.S. at 678-79.

‘Determining whether a complaint states a plausible claim for relief. . . [is] a context

specific task that requires the reviewing court to draw on judicial experience and common sense.”

Iqbal, 556 U.S. at 679. “[WJhere the well-pleaded facts do not permit the court to infer more than

the mere possibility of misconduct,” the complaint does not suffice. Id.

When evaluating a motion to dismiss, a court considers the pleadings and any materials

“attached or incorporated into the complaint.” E.I. du Pont de Nemours & Co. v. Kolon Indus.,

Inc., 637 F.3d 435, 448 (4th Cir. 2011); see Fed. R. Civ. P. 10(c); Goines v. Valley Cmty. Servs.

Bd., 822 F.3d 159, 165-66 (4th Cir. 2016); Thompson v. Greene, 427 F.3d 263, 268 (4th Cir. 2005).

A court also may consider a document submitted by a moving party if it is “integral to the

complaint and there is no dispute about the document’s authenticity” without converting the

motion into one for summary judgment. Goines, 822 F.3d at 166. “[I]n the event of conflict

between the bare allegations of the complaint and any exhibit attached . . . , the exhibit prevails.”

Id. (quotation omitted); see Fayetteville lave v. Com. Builders, Inc., 936 F.2d 1462, 1465 (4th Cir.

1991), Additionally, a court may take judicial notice of public records. See, e.g.. Fed. R. Evid.

201; Tellabs, Inc. v. Makor Issues & Rts. Ltd., 551U.S. 308, 322 (2007); Phillips v. Pitt Cnty.

Mem’! Hosp., 572 F.3d 176, 180 (4th Cir. 2009).

Plaintiffs allege numerous section 1983 claims, including a procedural due process claim

against Sampson County, a substantive due process claim against Smith and Williams in both their

official and individual capacities, an equal protection claim against Smith and Williams in their

official capacities, and a failure-to train claim against Sampson County. See Compl. {J 160-66,

185-91, 199-220. Under the doctrine of qualified immunity, “government officials performing

discretionary functions generally are shielded from liability for civil damages insofar as their

conduct does not violate clearly established statutory or constitutional rights of which a reasonable

person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); see City of Escondido

v. Emmons, 586 U.S. 38, 42-44 (2019) (per curiam); Kisela vy. Hughes, 584 U.S. 100, 103-08

(2018) (per curiam); District of Columbia v. Wesby, 583 U.S. 48, 62-63 & n.7 (2018); Hernandez

v. Mesa, 582 U.S. 548, 554 (2017) (per curiam); Ziglar v. Abbasi, 582 U.S. 120, 150-51 (2017);

Mullenix v. Luna, 577 U.S. 7, 11-13 (2015) (per curiam); Taylor v. Barkes, 575 U.S. 822, 825-27

(2015) (per curiam); City & Cnty. of S.F. v. Sheehan, 575 U.S. 600, 611 (2015); Carroll v. Carman,

574 USS. 13, 16-17 (2014) (per curiam); Reichle v. Howards, 566 U.S. 658, 664 (2012); Camreta

v. Greene, 563 U.S. 692, 707 (2011); Pearson v. Callahan, 555 U.S. 223, 236 (2009); King v. Riley,

76 F.4th 259, 264-68 (4th Cir. 2023); Sharpe v. Winterville Police Dep’t, 59 F.4th 674, 682-84

(4th Cir. 2023); Burns-Fisher v. Romero-Lehrer, 57 F.4th 421, 424 (4th Cir. 2023); Tobey v. Jones,

706 F.3d 379, 385 (4th Cir. 2013). Qualified immunity protects “all but the plainly incompetent

or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 (1986); see Kisela,

584 U.S. at 103-04; Wesby, 583 U.S. at 63; Ziglar, 582 U.S. at 151-52; White v. Pauly, 580 U.S.

73, 79-80 (2017); Mullenix, 577 U.S. at 12; Taylor, 575 U.S. at 825; Sheehan, 575 U.S. at 611;

Carroll, 574 U.S. at 17.

In analyzing qualified immunity, the court asks (1) “whether the facts that a plaintiff has

alleged or shown make out a violation of a constitutional right,” and (2) “whether the right at issue

was clearly established at the time of [the] defendant’s alleged misconduct.” Pearson, 555 U.S. at

232 (quotations omitted); see Wood v. Moss, 572 U.S. 744, 757 (2014); Lewis v. Carabello, 98

F4th 521, 530 (4th Cir. 2024); Knibbs_v. Momphard, 30 F.4th 200, 214 (4th Cir. 2022);

Brockington v. Boykins, 637 F.3d 503, 506 (4th Cir. 2011); Doe ex rel. Johnson v. §.C. Dep’t of

Soc. Servs., 597 F.3d 163, 169 (4th Cir. 2010). The qualified-immunity analysis need not proceed

in a particular sequence, and the court may exercise its “sound discretion in deciding which of the

two prongs . . . should be addressed first in light of the circumstances in the particular case at

hand.” Pearson, 555 U.S. at 236; see King, 76 F.4th at 265. Qualified immunity shields a

defendant if the answer to either prong is “no.” See Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011);

10

Miller v. Prince George’s Cnty., 475 F.3d 621, 627 (4th Cir. 2007), abrogated on other grounds by

Pearson, 555 U.S. 223; Bostic v. Rodriguez, 667 F. Supp. 2d 591, 605-06 (E.D.N.C. 2009).

“A Government official’s conduct violates clearly established law when, at the time of the

challenged conduct, the contours of a right are sufficiently clear that every reasonable official

would have understood that what he is doing violates that right.” al-Kidd, 563 U.S. at 741 (cleaned

up); see Rivas-Villegas v. Cortesluna, 595 U.S. 1, 4-5 (2021) (per curiam); King, 76 F.4th at 265;

Sharpe, 59 F.4th at 682-84. Although a case need not be directly controlling, “existing precedent

must have placed the statutory or constitutional question beyond debate.” al-Kidd, 563 U.S. at

741; see Rivas-Villegas, 595 U.S. at 4-6; Reichle, 566 U.S. at-664; King, 76 F.4th at 266-68;

Sharpe, 59 F.4th at 682-84.

To determine whether a government official’s conduct violates clearly established law, a

court must first specifically define the right. See, e.g., City of Tahlequah v. Bond, 595 U.S. 9, 12—

13 (2021) (per curiam). Then, based on that specifically defined right, the court must determine

whether existing precedent placed the statutory or constitutional question “beyond debate.”

Kisela, 584 U.S. at 104 (quotation omitted). “It is not enough that a rule be suggested by then-

existing precedent; the rule’s contours must be so well defined that it is clear to a reasonable

[official] that his conduct was unlawful in the situation he confronted.” Bond, 595 U.S. at 12

(quotation omitted); see Wesby, 583 U.S. at 63. A government official is entitled to qualified

immunity “unless existing precedent ‘squarely governs’ the specific facts at issue.” Kisela, 584

USS. at 104 (quoting Luna, 577 U.S. at 13); Wesby, 583 U.S. at 63-66. Nonetheless, courts should

not “assume that government officials are incapable of drawing logical inferences, reasoning by

11

analogy, or exercising common sense. Harris v. Town of S. Pines, 110 F.4th 633, 644 (4th Cir.

2024) (quotation omitted).

The Supreme Court has “not yet decided what precedents—other than [its] own—qualify

as controlling authority for purposes of qualified immunity.” Wesby, 583 U.S. at 66 n.8; see Kisela,

584 U.S. at 103-08; Taylor, 575 U.S. at 825-27; Sheehan, 575 USS. at 613-14; Carroll, 574 U.S.

at 16-17. In the Fourth Circuit, existing precedent includes precedent of the United States

Supreme Court, the Fourth Circuit, and the highest court of the state in which the action arose.

See, e.g., Sharpe, 59 F.4th at 683; Dean for & on behalf of Harkness v. McKinney, 976 F.3d 407,

417 (4th Cir. 2020); Doe ex rel. Johnson, 597 F.3d at 176; Wilson v. Kitte, 337 F.3d 392, 402-03

(4th Cir. 2003) abrogated on other grounds by Pearson, 555 U.S. 22. It also includes “a consensus

of persuasive authority from other jurisdictions.” Sharpe, 59 F.4th at 683. □

A.

In count one, plaintiffs allege that Sampson County violated C.A.Y.’s procedural due

process rights by not providing an opportunity for a review or appeal of her short-term suspension.

See Compl. FJ 160-66; cf. U.S. Const. amend. XIV § 1. “The procedural component of due

process imposes constraints on governmental decisions which deprive individuals of ‘liberty’ or

‘property’ interests within the meaning of the Due Process Clause.” D.B. v. Cardall, 826 F.3d 721,

741 (4th Cir. 2016) (quotation omitted). To state a procedural due process claim, a plaintiff must

plausibly allege that some state action deprived her of a constitutionally protected liberty or

property interest without adequate procedural safeguards. See Sansotta v. Town of Nags □□□□□

724 F.3d 533, 540 (4th Cir. 2013). This inquiry involves two steps: “the first asks whether there

exists a liberty or property interest which has been interfered with by the State; the second

12

examines whether the procedures attendant upon that deprivation were constitutionally sufficient.”

Ky. Dep’t of Corr. v. Thompson, 490 U.S. 454, 460 (1989) (citations omitted); Sansotta, 724 F.3d

at 540.

“Protected liberty interests may arise from two sources—the Due Process Clause itself and

the laws of the States.” Thompson, 490 U.S. at 460. Protected property interests, on the other

hand, derive not from the Constitution but from “existing rules or understandings that stem from

an independent source such as state law.” Bd. of Regents of State Colleges v. Roth, 408 U.S. 564,

577 (1972); see Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538 (1985); Bishop v. Wood,

426 U.S. 341, 344 (1976). Regardless of the interest claimed, “an individual claiming a protected _

interest must have a legitimate claim of entitlement to it,” as opposed to “an abstract need or desire”

or a “unilateral hope.” Thompson, 490 U.S. at 460 (quotations and citations omitted); see Pittman

v. Wilson Cnty., 839 F.2d 225, 227 (4th Cir. 1988).

A public school student in North Carolina has a property interest in a free public education,

and “the temporary suspension of a public school student implicates [the student’s] right to due

process under the Fourteenth Amendment.” E.W. v. Wake Cnty. Bd. of Educ., No. 5:09-CV-198,

2010 WL 1286215, at *7 (E.D.N.C. Feb. 16, 2010) (unpublished), report and recommendation

adopted in part, No. 5:09-CV-198, 2010 WL 1286218 (E.D.N.C. Mar. 30, 2010) (unpublished);

see Goss v. Lopez, 419 U.S. 565, 581 (1975); Brattain v. Stanly Cnty. Bd. of Educ., No.

1:19CV1037, 2020 WL 6364718, at *4 (M.D.N.C. Oct. 29, 2020) (unpublished). “[D]ue process

requires, in connection with a suspension of [ten] days or less, that the student be given oral or

written notice of the charges against [her,] and[] if [she] denies them, an explanation of the

evidence the authorities have and an opportunity to present [her] side of the story.” Goss, 419U.S. □

13

at 581. “In the great majority of cases the disciplinarian may informally discuss the alleged

misconduct with the student minutes after it has occurred.” Id, at 582. Nonetheless, “recurring

situations arise” in which the Fourteenth Amendment does not require “prior notice and hearing.”

Id. For example, a student “whose presence poses . . . an ongoing threat of disrupting the academic

process may be immediately removed from school.” Id. In such a case, “the necessary notice and

rudimentary hearing should follow as soon as practicable.” Id. at 582-83.

Under the North Carolina Constitution, “[t]he people have a right to the privilege of

education, and it is the duty of the State to guard and maintain that right.” N.C. Const. art. I, § 15.

Generally, “no short-term suspension shall be imposed upon a student without first providing the

student an opportunity for an informal hearing with the principal.” N.C. Gen. Stat. § 115C-

390.6(a). “The principal may impose a short-term suspension without providing the student an

opportunity for a hearing,” however, if the presence of the student “substantially disrupts or

interferes with the education of other students or the maintenance of discipline at the school.” Id.

§ 115C-390.6(b). In these cases, “the notice of the charges and informal hearing . . . shall occur

as soon as practicable.” Id. After the imposition of the short-term suspension, “[t]he principal

shall provide notice to the student’s parent[s] of any short-term suspension, including the reason

for the suspension and a description of the alleged student conduct upon which the suspension is

based.” Id. § 115C-390.6(c). “The notice shall be given by the end of the workday during which

the suspension is imposed when reasonably possible, but in no event more than two days after the

suspension is imposed.” Id. “The notice shall be given by certified mail, telephone, facsimile, e-

mail, or any other method reasonably designed to achieve actual notice.” Id. “In the final analysis,

the balance of rights and interests to be struck in the disciplinary process is a task best left to local

414

school systems, operating, as they do, within the parameters of state law.” Wofford v. Evans, 390

F.3d 318, 324 (4th Cir. 2004); see E.W., 2010 WL 1286215, at *8.

Plaintiffs allege that Sampson County denied C.A.Y. a process to appeal her short-term

suspensions and thereby failed to provide procedural due process. See Compl. | 163-64; □□□□□

15] 6-9. Under North Carolina law, however, an appeal process existed that plaintiffs failed to

pursue. See N.C. Gen. Stat. § 115C-45(c)(1-2); Hensley v. Johnston Cnty. Bd. of Educ., No. 5:07-

CV-231, 2010 WL 5437240, at *11-12 (E.D.N.C. Dec. 23, 2010) (unpublished); Copper ex rel.

Copper v. Denlinger, 363 N.C. 784, 789, 688 S.E.2d 426, 429 (2010). Thus, plaintiffs fail to

plausibly allege that Sampson County violated C.A.Y.’s procedural due process rights.

Accordingly, the court fismisees plaintiffs’ claim in count one under section 1983 and the

Fourteenth Amendment. In light of this conclusion, the court need not address defendants’

argument under Monell v. Department of Social Services, 436 U.S. 658 (1978).

B.

In count four, plaintiffs allege Smith and Williams in both their official and individual

capacities violated C.A.Y.’s substantive due process rights. See Compl. {J 185-91. “[L]iberty

from bodily restraint always has been recognized as the core of the liberty protected by the Due

Process Clause from arbitrary governmental action.” Youngberg v. Romeo, 457 U.S. 307, 316

(1982) (quotation omitted); see Washington v. Glucksberg, 521 U.S. 702, 719 (1997); Hall v.

Tawney, 621 F.2d 607, 613 (4th Cir. 1980). Restraint cases require balancing an individual’s

liberty interest against a state interest in using the restraint. See Youngberg, 457 U.S. at 320-24;

HLH. ex rel. H.F. v. Moffett, 335 F. App’x 306, 313 (4th Cir. 2009) (unpublished). The question is

15

not simply whether restraint infringes a liberty interest, “but whether the extent or nature of the

restraint” violates due process. Youngberg, 457 U.S. at 320.

Under North Carolina law, “physical restraint” means “the use of physical force to restrict

the free movement of all or a portion of a student’s body.” N.C. Gen. Stat. § 115C-391.1(b)(8).

Physical restraint of students by school personnel is reasonable in certain circumstances including:

a. As reasonably needed to obtain possession of a weapon or other

dangerous objects on a person or within the control of a person.

b. As reasonably needed to maintain order or prevent or break up a fight.

c. As reasonably needed for self-defense.

d. As reasonably needed to ensure the safety of any student, school

employee, volunteer, or other person present, to teach a skill, to calm or

comfort a student, or to prevent self-injurious behavior.

e. As reasonably needed to escort a student safely from one area to another.

f. If used as provided for in a student’s IEP or Section 504 plan or behavior

intervention plan.

g. As reasonably needed to prevent imminent destruction to school or

another person’s property.

Id. § 115C-391.1(c)(1). “Except as set forth in [N.C. Gen. Stat. § 115C-391.1(c)(1)], physical

restraint of students shall not be considered a reasonable use of force, and its use is prohibited.”

Id. § 115C-391.1(c)(2). Likewise, “[p]hysical restraint shall not be considered a reasonable use of

force when used solely as a disciplinary consequence.” Id. § 115C-391.1(c)(2).

Under North Carolina law, “seclusion” means “the confinement of a student alone in an

enclosed space” from which the student is either “[p]hysically prevented from leaving by locking

hardware or other means” or “[n]ot capable of leaving due to physical or intellectual incapacity.”

Id. § 115C-391.1(b)(10). “Time-out” means “a behavior management technique in which a student

is separated from other students for a limited period of time in a monitored setting.” Id. § 115C-

391.1(b)(11).

16

Plaintiffs allege that on March 19, 2024, March 27, 2024, and April 10, 2024, Smith and

Williams physically restrained and removed C.A.Y. from multiple classrooms and placed her in

seclusion in violation of her substantive due process rights. See Compl. ff 187-89. On March

19, 2024, C.A.Y. refused to “go to her group” following Ruiz’s class. See id, at] 109. C.A.Y.

threw a pencil, took items off a shelf and threw them across the floor, and screamed. See id. Smith

and Williams removed C.A.Y. from the classroom using physical restraint for a 30 minute “chill

out.” Id. at ff 112, 168. Plaintiffs allege that this physical restraint was not necessary to “ensure

the safety of another.” Id. at ¢ 169. When C.A.Y. threw pencils and items from the shelves,

however, C.A.Y. endangered everyone in the classroom. Moreover, C.A.Y.’s behavior rose to the

level of criminal misdemeanor assault. See N.C. Gen. Stat. § 14-33. Furthermore, Smith and

Williams took C.A.Y. to another classroom and remained there with her. See Compl. fff 112, 168.

C.A.Y.’s separation from her peers does not constitute “seclusion” under North Carolina law. See

N.C Gen. Stat. § 115C-391.1(b)(10). Moreover, “time-out” is permitted. See id. § 115C-

391.1(b)(11). Accordingly, plaintiffs fail to plausibly allege that the March 19, 2024 incident

involved unlawful physical restraint in violation of section 1983 and the Fourteenth Amendment.

On March 27, 2024, C.A.Y. sat in class screaming and crying. See Compl. ff 113. Smith

and another teacher called C.Y., who failed to calm C.A.Y. See id. Smith and a social worker then

moved C.A.Y. to a small classroom, where C.A.Y. continued to scream, kick the social worker,

and cry. See id. As a result of C.A.Y.’s behavior, Smith told C.Y. to pick C.A.Y. up from school.

See id.

To maintain order, a teacher may remove a screaming and crying child from the classroom.

See N.C. Gen. Stat. § 115C-391.1(f). C.A.Y.’s actions on March 19, 2024, permitted the inference

17

that she would again engage in violent behavior. On March 27, 2024, C.A.Y. did act violently

when she repeatedly kicked the social worker. See id. at J 113. Furthermore, Smith and the social

worker removed C.A.Y. to a different classroom and remained there with her. See id. C.A.Y.’s

separation from her peers does not rise to the legal standard for “seclusion” under North Carolina

law. See N.C Gen. Stat. § 115C-391.1(6)(10). Moreover, “time-out” is permitted. See id. § 115C-

391.1(b)(11). Accordingly, plaintiffs fail to plausibly allege that the March 27, 2024 incident

involved unlawful physical restraint in violation of section 1983 and the Fourteenth Amendment.

On April 10, 2024, at 1:10 PM, C.A.Y. was upset and came nearly nose-to-nose with Ruiz

and asked, “What are you going to do?” Compl. { 116. C.A-Y. then threw pens and pencils off

Ruiz’s desk. See id. Ruiz convinced CAY. to return to her desk, and Ruiz tried to walk C.A.Y.

to her desk. See id. C.A.Y., however, began trying to kick Ruiz. See id. In an effort to calm

C.A.Y., Ruiz asked C.A.Y. to make good choices and draw a picture. See id. With C.A.Y.

distracted, Ruiz sought support from another teacher or staff. See id. As Ruiz stood in the door,

C.A.Y. suddenly charged at Ruiz. See id. Mrs. Parsons thwarted C.A.Y.’s attack and took C.A.Y. .

out of the classroom for a walk. See id. At some point, Smith and Williams carried C.A.Y. by her

arms and legs and placed C.A.Y. in an unlocked closet for approximately five minutes. See id. at

GJ 115-16, 126, 135.

Given that C.A.Y. attempted to kick Ruiz and charged at her, Ruiz could remove C.A.Y. to

ensure Ruiz’s safety and the safety of the other children. As for seclusion, Smith and Williams

placed C.A.Y. alone in an unlocked closet for approximately five minutes. See id. at 126, 135.

Even viewing the compliant in the light most favorable to plaintiffs, plaintiffs fail to plausibly

allege that Smith or Williams locked C.A.Y. in the closest or physically prevented C.A.Y. from

18

leaving the closet. Cf. N.C Gen. Stat. § 115C-391.1(b)(10). Accordingly, plaintiffs fail to plausibly

allege that on April 10, 2024, Smith or Williams unlawfully used physical restraint to violate

C.A.Y.’s rights under section 1983 and the Fourteenth Amendment.

Alternatively, even if Smith and Williams violated C.A.Y.’s rights under the Fourteenth

Amendment by placing her in an unlocked closet for approximately five minutes, plaintiffs fail to

plausibly allege that Smith and Williams’s conduct violated clearly established law under the

Fourteenth Amendment. The Fourth Circuit has held “that a reasonable teacher would know that

maliciously restraining a child in her chair for hours at a time interferes with that child’s

constitutional liberty interests.” Moffett, 335 F. App’x at 314 (emphasis added); see Hall, 621 F.2d

at 613. The Supreme Court, however, recognizes that some restraint is acceptable. See Youngberg,

457 U.S. at 323. Even viewing plaintiffs’ complaint in the light most favorable to them, plaintiffs

fail to plausibly allege Smith and Williams violated plaintiffs’ clearly established rights under the

Fourteenth Amendment. Tellingly, plaintiffs cite no case from the United States Supreme Court,

the North Carolina Supreme Court, or the Fourth Circuit that would have placed Smith and

Williams’s conduct “beyond debate.” Kisela, 584 U.S. at 104 (quotation omitted); see Bond, 595

U.S. at 12; Wesby, 583 U.S. at 63. Simply put, Moffett is distinguishable, and “existing precedent”

did not “squarely govern the specific facts at issue.” Kisela, 584 U.S. at 104 (cleaned up);

Mullenix, 577 U.S. at 13; Wesby, 583 U.S. at 63-66. In reaching this conclusion, the court does

not condone placing an upset and unruly elementary school child in an unlocked closet for

approximately five minutes. Rather, the court “faithfully” applies “binding” qualified immunity

precedent despite the qualified immunity precedent being “controversial” and “criticized.” King,

76 F.4th at 270, Thus, the court dismisses plaintiffs’ substantive due process claim in count four.

19

C.

Plaintiffs allege Smith and Williams in their official capacities violated C.A.Y.’s equal

protection rights. See Compl. □□ 199-206. Specifically, plaintiffs allege that Smith and Williams

punished C.A.Y. for disrupting class, throwing pencils and markers, screaming and crying, spitting,

and hitting and kicking Williams because she has special needs. See id. at J] 204-05.

The Equal Protection Clause of the Fourteenth Amendment provides that “[nJo State

shall . . . deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const.

amend. XIV, § 1. To establish an equal protection claim, a plaintiff must show that “he has been

treated differently from others with whom he is similarly situated and that the unequal treatment

was the result of intentional or purposeful discrimination.” Morrison v, Garraghty, 239 F.3d 648,

654 (4th Cir. 2001) (citation omitted). Purposeful discrimination “implies that the

decisionmaker . . . selected or affirmed a particular course of action at least in part “because of,’

not merely ‘in spite of,’ its adverse effects upon an identifiable group.” Personnel Adm’r of Mass.

v. Feeney, 442 U.S. 256, 279 (1979). Ifa plaintiff demonstrates intentional unequal treatment, the

court must then determine whether the treatment is “justified under the requisite level of scrutiny.”

Morrison, 239 F.3d at 654.

Under North Carolina law, spitting on, hitting, or kicking another person constitutes

misdemeanor assault. See N.C. Gen. Stat. § 14-33; A.G. v. Fattaleh, 614 F. Supp. 3d 204, 226

(W.D.N.C. 2022). Plaintiffs fail to plausibly allege that Sampson County treated C.A.Y. differently

from any students with or without special needs who similarly disrupted class, threw objects, and

assaulted others during school. See, e.g., Harmon v. Cumberland Cnty Bd. of Educ., 186 F. Supp.

3d 500, 507 (E.D.N.C. 2016). Thus, plaintiffs fail to plausibly allege that Sampson County

20

violated C.A.Y.’s equal protection rights. Accordingly, the court dismisses count six, and the court

need not address defendants’ Monell argument.

D.

In count seven, plaintiffs allege a failure-to train claim against Sampson County. See

Compl. ff 207-20. The alleged failure to train concerns training school personnel about children

with special needs. See id.

A municipality is not vicariously liable for constitutional injuries inflicted by its

employees. See, e.g., Monell, 436 U.S. at 691; Slakan v. Porter, 737 F.2d 368, 372 (4th Cir. 1984).

In certain narrow circumstances, however, a municipality may be liable under section 1983 for

failure to adequately train or supervise its employees. See, e.g., Connick v. Thompson, 563 U.S.

51, 59-63 (2011); Harris, 489 U.S. at 388-92. To establish such a claim, a plaintiff must prove

that (1) a municipality employee actually violated the plaintiff’s constitutional or statutory rights,

(2) the municipality’s failure to properly train or supervise the subordinates amounts to “deliberate

indifference” to the rights of the plaintiff, and (3) this failure to train or supervise actually caused

the subordinates to violate the plaintiff’s rights. Connick, 563 U.S. at 59-63; see Canton, 489 U.S.

at 388-92; Doe v. Broderick, 225 F.3d 440, 456 (4th Cir. 2000); Spell v. McDaniel, 824 F.2d 1380,

1389-90 (4th Cir. 1987); Brown v. Frazier, No. 4:12-CV-290, 2013 WL 5739091, at *2-3

(E.D.N.C. Oct. 22, 2013) (unpublished); Cooper v. Brunswick Cnty. Sheriff’s Dep’t, 896 F. Supp.

2d 432, 451-53 (E.D.N.C. 2012); Smith v. Atkins, 777 F. Supp. 2d 955, 966-67 (E.D.N.C. 2011).

“A pattern of similar constitutional violations by untrained employees is ordinarily necessary to

demonstrate deliberate indifference for purposes of failure to train.” Connick, 563 U.S. at 62

(quotation omitted); see Wellington v. Daniels, 717 F.2d 932, 936 (4th Cir. 1983) (collecting cases).

21

Because plaintiffs do not plausibly allege an underlying constitutional violation, plaintiffs’

failure-to-train claim in count seven fails. See, e.g., City of Los Angeles v. Heller, 475 U.S. 796,

799 (1986) (per curiam); Waybright v. Frederick Cnty., 528 F.3d 199, 209 (4th Cir. 2008); Wilson

v. Flynn, 429 F.3d 465, 469 n.* (4th Cir. 2005); Grayson v. Peed, 195 F.3d 692, 696 (4th Cir. 1999),

abrogated on other grounds by Kingsley v. Hendrickson, 576 U.S. 398 (2015); Belcher v, Oliver,

898 F.2d 32, 36 (4th Cir. 1990).

Alternatively, count seven fails because plaintiffs do not plausibly allege that Sampson

County caused a constitutional deprivation through an official policy or custom. See, e.g., Bd. of

Cnty. Comm’rs v. Brown, 520 U.S. 397, 403-04 (1997); Monell, 436 U.S. at 694; Carter v. Morris,

164 F.3d 215, 218 (4th Cir. 1999). Notably, not every municipal official’s action or inaction

represents municipal policy. Rather, the inquiry focuses on whether the municipal official

possessed final policymaking authority with respect to the action or inaction. See, e.g., Pembaur

v. City of Cincinnati, 475 U.S. 469, 481 (1986); Riddick v. Sch. Bd., 238 F.3d 518, 523 (4th Cir.

2000). Furthermore, even if a section 1983 plaintiff can identify the requisite final authority, a

municipality is not liable simply because a section 1983 plaintiff “is able to identify conduct

attributable the municipality.” Riddick, 238 F.3d at 524. Instead, a section 1983 “plaintiff must

also demonstrate that, through its deliberate conduct, the municipality was the ‘moving force’

behind the injury alleged.” Brown, 520 U.S. at 404 (emphasis removed); Harris, 489 U.S. at 389;

Riddick, 238 F.3d at 524. Hence, in order to avoid imposing respondeat superior liability on

municipalities, a section 1983 plaintiff must plausibly allege that “a municipal decision reflects

deliberate indifference to the risk that a violation of a particular constitutional or statutory right

22

will follow the decision.” Brown, 520 U.S. at 411; see Harris, 489 U.S. at 392; Riddick, 238 F.3d

at 524; Carter, 164 F.3d at 218.

‘Deliberate indifference is a very high standard — a showing of mere negligence will not

meet it.” Grayson, 195 F.3d at 695. Deliberate indifference requires “proof that a municipal actor

disregarded a known or obvious consequence of his action [or inaction].” Brown, 520 U.S. at 410.

Moreover, even if a section 1983 plaintiff can show the requisite culpability, a section 1983

plaintiff also must show “a direct causal link between the municipal action [or inaction] and the

deprivation of federal rights.” Id. at 404. Deliberate indifference and causation are separate

requirements. Id.

Plaintiffs have failed to plausibly allege in count seven final policymaking authority or

deliberate indifference. See, e.g., id.; Riddick, 238 F.3d at 524-26. Thus, count seven fails.

- Alternatively, plaintiffs have failed to plausibly allege a “direct causal link” between “a

specific deficiency in training and the particular violation alleged.” Buffington v. Baltimore

County, 913 F.2d 113, 122 (4th Cir. 1990). It does not suffice to allege “that an injury . . . could

have been avoided if an officer had better or more training, sufficient to equip him to avoid the

particular injury-causing conduct” because “[sJuch a claim could be made about almost any

encounter.” Harris, 489 U.S. at 391. Instead, a plaintiff must plausibly allege specific training

deficiencies and either (1) that inadequately trained employees engaged in a pattern of

unconstitutional conduct, or (2) that a violation of a federal right is a “highly predictable

consequence of a failure to equip [government] officers with specific tools to handle recurring

situations.” Brown, 520 U.S. at 407-09; see Harris, 489 U.S. at 391; Cornfield v. Consol. High

Sch. Dist. No. 230, 991 F.2d 1316, 1327 (7th Cir. 1993); Hill v. Robeson Cnty., 733 F. Supp. 2d

23

676, 686-88 (E.D.N.C. 2010). In the second situation, the need for “more or different training”

must be “so obvious, and the inadequacy so likely to result in the violation of constitutional rights

that the policymakers . . . can reasonably be said to have been deliberately indifferent to the need.”

Harris, 489 U.S. at 390.

_ Plaintiffs have not plausibly alleged any specific training deficiencies or a pattern of

unconstitutional conduct. See, e.g., Oklahoma City v. Tuttle, 471 U.S. 808, 824 (1985) (plurality

opinion); Broderick, 225 F.3d at 456; Semple v. City of Moundsville, 195 F.3d 708, 713-14 (4th

Cir. 1999); Spell, 824 F.2d at 1391. Likewise, nothing in plaintiffs’ complaint suggests that a

violation of the Fourteenth Amendment is a highly predictable consequence of Sampson County’s

current policies and training concerning children with special needs. See, e.g., Davis v. Scherer,

468 U.S. 183, 194-96 (1984); Minix v. Canarecci, 597 F.3d 824, 834 (7th Cir. 2010). Accordingly,

the court dismisses count seven.

IV.

The court has jurisdiction under 28 U.S.C. § 1331 over the federal claims. The court has

supplemental jurisdiction under 28 U.S.C. § 1367 over the state-law claims.

A court may decline to exercise supplemental jurisdiction over a state-law claim when (1)

“the claim raises a novel or complex issue of State law;” (2) “the claim substantially predominates

over” the federal claim or claims; (3) the court has “dismissed all claims over which it has original

jurisdiction;” or (4) other “exceptional circumstances” present “compelling reasons for declining

jurisdiction.” 28 U.S.C. §§ 1367(c)(1)-(4). Additionally, a court may decline to exercise

supplemental jurisdiction when “values of economy, convenience, fairness, and comity” make

retaining jurisdiction inappropriate. Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 351 (1988),

24

superseded on other grounds by 28 U.S.C. § 1447(c); see Hinson v. Norwest Fin. S.C.. Inc., 239

F.3d 611, 616-17 (4th Cir. 2001); Shanaghan v. Cahill, 58 F.3d 106, 109-10 (4th Cir. 1995).

__ The court has dismissed all federal claims. “[I]n the usual case in which all federal-law

claims are eliminated before trial, the balance of factors to be considered under the pendent

jurisdiction doctrine—judicial economy, convenience, fairness, and comity—will point toward

declining to exercise jurisdiction over the remaining state-law claims.” Carnegie-Mellon, 484 U.S.

at 350 n.7; see Shanaghan, 58 F.3d at 110. Accordingly, the court declines to exercise supplemental

jurisdiction over plaintiffs’ state-law claims and dismisses those claims without prejudice. See

Carnegie-Mellon, 484 U.S. at 350 n.7.

Vv.

In sum, the court GRANTS IN PART defendants’ motion to dismiss [D.E. 12], DISMISSES

plaintiffs’ federal claims, DECLINES to exercise supplemental jurisdiction over plaintiffs’ state-

law claims, and REMANDS the action to Sampson County Superior Court.

SO ORDERED. This 4{ day of October, 2024.

se at

United States District Judge

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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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