# T.S. (a minor child) v. Bay Shore Union Free School District

> District Court, E.D. New York · September 30, 2024

URL: https://www.frixlaw.com/law-library/cases/10659623

## Case

- **Court:** District Court, E.D. New York
- **Decided:** September 30, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------------x
T.S. INFANT by his Father and Natural Guardian :
THOMAS JOHN STRINGER and THOMAS :
JOHN STRINGER INDIVIDUALLY, :
:
Plaintiffs, :
: MEMORANDUM & ORDER
-against- : 23-cv-3217 (DLI) (RML)
:
BAY SHORE UNION FREE SCHOOL DISTRICT, :
DR. STEVEN J. MALONEY, in his official and :
individual capacities, DR. ISETT LORS in her :
official and individual capacities, and JENNIFER :
INGOLD, :
:
Defendants. :
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DORA L. IRIZARRY, United States District Judge:

On April 28, 2023, Thomas John Stringer (“Stringer”) and T.S. Infant (“T.S.”)
(collectively, “Plaintiffs”) filed this action against Defendants Bay Shore Union Free School
District (“School District”), Steven J. Maloney (“Maloney”), Lisette Lors (”Lors”) (collectively,
“District Defendants”) and Jennifer Ingold (“Ingold”). See, Compl., Dkt. Entry No. 1. The
Complaint alleges five causes of action: (1) a violation of Plaintiffs’ due process rights, specifically
T.S.’ right to privacy, by all Defendants pursuant to 42 U.S.C. § 1983 (“§ 1983”); (2) the District
Defendants’ policies, practices and customs lead to the violation of Plaintiffs’ rights pursuant to §
1983 and Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978); (3) negligent training and
supervision by District Defendants contrary to New York State law; (4) negligence under New
York State law by Ingold; and (5) gross negligence under New York State law by Ingold. Id. at
¶¶ 54-89.
Ingold moved to dismiss all claims against her, specifically, the violation of due process,
negligence and gross negligence claims, pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a
claim. Pls.’ Mem. in Supp. of Ingold’s Mot. to Dismiss (“Mot.”); Dkt. Entry No. 14-3. Plaintiffs
opposed (“Opposition”). Mem. in Opp’n to Mot. (“Opp’n”), Dkt. Entry No. 18. Ingold replied in

support of her motion (“Reply”). Reply Mem. in Further Supp. of Mot. (“Reply”), Dkt. Entry No.
22. For the reasons set forth below, the Motion is granted as to Stringer’s § 1983 and 14th
Amendment claims as against all Defendants, granted as to Plaintiffs’ Fifth Amendment claims
against all Defendants and granted as to all negligence claims against movant only, and denied as
to T.S.’ § 1983 claim.
BACKGROUND1
This case stems from Ingold’s publication of T.S.’ personal medical and education
information on the internet. Compl. at ¶¶ 1, 5. T.S. has Autism Spectrum Disorder, Attention
Deficit Hyperactivity Disorder, anxiety, and Auditory Defensiveness. Id. at ¶ 32. To
accommodate his learning needs, he requires special education services and an Individualized

Education Program (“IEP”). Id. at ¶ 32. As alleged in the Complaint, IEPs are confidential
documents “protected by state and federal law” containing a student’s “medical, psychological,
emotional diagnoses and disabilities and outlin[ing] specific special/supplemental needs.” Id. at
¶¶ 34, 33. During May 2022, T.S., a minor, was in the eighth grade in the Bay Shore Union Free
School District and enrolled in Ingold’s social studies class. Id. at ¶¶ 31, 35, 37.
In addition to teaching, Ingold, is an author and public speaker whose work has been
featured in “major education-centered publications,” including MiddleWeb.com. Id. at ¶¶ 22, 36.
On May 18, 2022, Ingold published an article in MiddleWeb.com “entitled ‘Sealing Civic

1 The following facts are taken from the Complaint and assumed to be true for purposes of this motion. See, Francis
v. Kings Park Manor, Inc., 992 F.3d 67, 71 (2d Cir. 2021).
Readiness in Our Middle Schools’” (the “Article”). Id. at ¶¶ 39, 37. The Article contained “T.S.’s
[sic] full name, information about the nature and symptoms of his medically diagnosed disabilities,
and the accommodations he receives for his disabilities.” Id. at ¶¶ 39, 37. Specifically, Ingold
“disclosed that T.S. was a special education student” with an IEP who “required a one-on-one

paraprofessional.” Id. at ¶ 39. The Article also contained T.S.’ “medical diagnoses associated
with his disabilities such as emotional anxiety, lack of confidence and extreme shyness.” Id. at ¶
41. It was disseminated widely on the internet, including via Ingold’s Twitter account, as well as
other accounts and in a newsletter, reaching “tens of thousands of people.” Id. at ¶¶ 43-45. The
public dissemination of this information caused psychological, emotional, and financial injury to
Plaintiffs, for which they seek redress. Id. at ¶¶ 5, 57.
DISCUSSION
I. Legal Standard
To survive a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a
complaint must “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly,

550 U.S. 544, 570 (2007). The plausibility standard “does not require ‘detailed factual
allegations,’ but it demands more than . . . unadorned, the-defendant-unlawfully-harmed-me
accusation[s].” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 555).
In deciding a motion to dismiss pursuant to Rule 12(b)(6), the court accepts as true all well
pled factual allegations and draws all reasonable inferences in the plaintiff’s favor. LaFaro v. N.Y.
Cardiothoracic Grp., PLLC, 570 F.3d 471, 475 (2d Cir. 2009) (citation omitted). The court’s duty
“is merely to assess the legal feasibility of the complaint, not to assay the weight of the evidence
which might be offered in support thereof.” DiFolco v. MSNBC Cable LLC, 622 F.3d 104, 113
(2d Cir. 2010). Nevertheless, “threadbare recitals of the elements of a cause of action” that are
supported by “conclusory” statements and mere speculation are inadequate and subject to
dismissal. Chavis v. Chappius, 618 F.3d 162, 170 (2d Cir. 2010) (internal quotation marks and
citation omitted); See also, Iqbal, 556 U.S. at 678 (“[T]he tenet that a court must accept as true all
of the allegations contained in a complaint is inapplicable to legal conclusions.”).

II. Analysis
Ingold seeks to dismiss all claims against her: (A) the § 1983 claims; and (B) the negligence
claims. Ingold argues that the § 1983 claims must be dismissed because: Stringer cannot make a
§ 1983 claim for the violation of another’s (T.S.’s) rights; a violation of the Family Educational
Rights and Privacy Act (“FERPA”) does not grant an individual right of action and cannot be
recharacterized as a Fourteenth Amendment claim; the Fifth Amendment only applies to the
federal government and federal actors; and, finally, even if Plaintiffs have a valid § 1983 claim,
Ingold is entitled to qualified immunity. Mot. at 3-8. Ingold contends the negligence claims must
be dismissed because neither Plaintiff can establish the elements of a negligence claim on the facts
stated in the Complaint. Id. at 10.

A. § 1983 Due Process
As an initial matter, the Court must address whether Stringer has any independent cause of
action against Defendants pursuant to § 1983. See, Mot. at 8; See also, Reply at 6. It is axiomatic
that a Plaintiff cannot assert the rights of a third-party. Golden Hill Paugussett Tribe of Indians v.
Weicker, 39 F.3d 51, 58 (2d Cir. 1994) (citing Valley Forge Christian College v. Americans United
for Separation of Church & State, Inc., 454 U.S. 464, 474–75 (1982)).
According to Plaintiffs, authority to release a minor child’s confidential and personal
records rests with the parents alone. Opp’n at 14. The release of that information without the
parents’ authorization violates that parent’s rights and gives rise to a § 1983 claim by those parents.
Id. (citing to Runyon v. McCrary, 427 U.S. 160 (1976) and Meyer v. Nebraska, 262 U.S. 390
(1923)). As Plaintiffs acknowledge, the two cases they cite in support of this proposition merely
establish that parents have the right to make decisions about their children’s education. Opp’n at
14. However, these cases provide no guidance where, as here, the issue is the unauthorized

disclosure of records and violation of the right to privacy.
Viewing the Complaint in its entirety, there is no plausible reading of the facts that might
support a claim that Ingold violated Stringer’s right to decide about T.S.’s education or that any of
Stringer’s other Constitutional rights were violated. Thus, the Court finds that Stringer lacks
standing to assert a claim under § 1983 on his own behalf and this claim is dismissed.
The Court’s analysis of Stringer’s standing on this claim equally is applicable to these
claims as to all Defendants, and Plaintiffs have had an opportunity to be heard. Square D Co. v.
Niagara Frontier Tariff Bureau, Inc., 760 F.2d 1347, 1365 (2d Cir. 1985), aff'd, 476 U.S. 409, 106
S. Ct. 1922, 90 L. Ed. 2d 413 (1986) (plaintiff should be heard before dismissal). Accordingly,
Stringer’s § 1983 claims against the other Defendants are dismissed.

1. Right to Privacy
T.S.’ claim for a violation of the right to privacy finds more support in the Complaint. The
Fourteenth Amendment protects a “right to privacy [that] can be characterized as a right to
‘confidentiality,’” which “includes the right to protection regarding information about the state of
one's health.” Doe v. City of N.Y., 15 F.3d 264, 267 (2d Cir. 1994); O'Connor v. Pierson, 426 F.3d
187, 201 (2d Cir. 2005). Medical information, particularly information about psychiatric health,
is “information of the most intimate kind.” O'Connor, 426 F.3d at 201; Powell v. Schriver, 175
F.3d 107, 111 (2d Cir. 1999) (the privacy interest at stake “will vary with the [medical] condition”).
Ingold argues that FERPA does not permit a private right of action and “its non-disclosure
requirements may not be enforced under § 1983.” Mot. at 3-6. While FERPA does not confer a
private right of action, nonetheless T.S. has a separate right to make a claim for violation of a
constitutionally protected interest such as privacy. See, Rodgers v. Rensselaer Cnty. Sheriff's

Dep't, 2015 WL 4404788, at *7 (N.D.N.Y. July 17, 2015). Here, the Complaint unambiguously
alleges violations of T.S.’ right to privacy under the Fourteenth Amendment sufficient to state a
claim pursuant to § 1983. Compl. ¶ 55.
Ingold also argues that the Fourteenth Amendment claim should be dismissed because
there are no allegations that shock the conscience necessary to invoke substantive due process.
Reply at 2-5. However, the case most heavily relied upon by Ingold in support of this contention,
Burns v. Cook, 458 F. Supp.2d 29, 42 (N.D.N.Y. 2006), instead supports the conclusion urged by
Plaintiffs. Id. “[A]ssuming that plaintiff's allegations regarding the release of her medical records
are true, plaintiff's privacy and confidentiality rights were clearly infringed upon.” Id. The same
easily can be said about T.S.’ allegations here.

The Court finds that the allegations in the Complaint state a claim for violation of T.S.’
right to privacy and confidentiality contained in the Fourteenth Amendment. At least some of the
information published about T.S., including the nature and symptoms of his disabilities, the
accommodations he receives for these disabilities, and his emotional and psychological
impairments, was of a private and intimate nature. See, Compl. at ¶ 38-41. Its publication on the
internet, along with his name, without consent, gives rise to a claim for violation of T.S.’
constitutional rights under the Fourteenth Amendment.
However, as Ingold contends, the Fifth Amendment only applies to actions by the federal
government and no defendant is a federal actor here. Mot. at 3 (citing Viteritti v. Inc. Village of
Bayville, 831 F.Supp.2d 583, 592 (E.D.N.Y. 2011). Accordingly, Plaintiffs’ Fifth Amendment
claims are dismissed as to all Defendants.
2. Qualified Immunity
Notwithstanding T.S.’ ability to make a § 1983 claim, Ingold contends that she is protected

from suit by the doctrine of qualified immunity. Mot. at 6-7. Qualified immunity shields
“government officials ‘from liability for civil damages insofar as [his or her] conduct does not
violate clearly established statutory or constitutional rights of which a reasonable person would
have known.’” Pearson v. Callahan, 555 U.S. 223, 231 (2009) (quoting Harlow v. Fitzgerald,
457 U.S. 800, 818 (1982)). Having determined that the Complaint alleges a viable constitutional
violation, the Court now must decide “whether the right was clearly established at the time of the
defendants' actions.” Golodner v. Berliner, 770 F.3d 196, 201 (2d Cir. 2014). The Court must
consider three factors: “(1) whether the right was defined with reasonable specificity; (2) whether
Supreme Court or court of appeals case law supports the existence of the right in question; and (3)
whether under preexisting law a reasonable defendant would have understood that his or her acts

were unlawful.” Scott v. Fischer, 616 F.3d 100, 105 (2d Cir. 2010).
According to Ingold, “there is no case that suggests, under the circumstances pleaded in
this case, that Ingold violated plaintiff’s (sic) clearly established and well-settled privacy rights.”
Mot. at 6. This is a misstatement of the law. The privacy interest in personal medical information
has long been recognized. See, e.g., O'Connor, 426 F.3d at 201 (recognizing right to privacy in
psychiatric health information in 2005); Doe, 15 F.3d at 269 (recognizing right to privacy in
personal medical information in 1994). In light of this well established precedent, the Court finds
that T.S.’ right to privacy in his medical and special education records was clearly established as
of 2022, the time of the events alleged in the Complaint, and that Ingold should have known her
acts were unlawful. Compl. at ¶¶ 3, 37.
Finally, the Complaint contains sufficient factual allegations for the Court to conclude that
Ingold could not have believed that her actions were objectively reasonable. See, Williams v.

Greifinger, 97 F.3d 699, 703 (2d Cir. 1996) (qualified immunity may still be invoked if official’s
actions were “objectively reasonable”). As stated above, the right to privacy in medical and special
education records was clearly established at the time the actions took place. The allegations that
these records were intentionally published without consent demonstrate that Ingold could not have
believed she had permission to publish them. Compl. at ¶¶ 1, 2, 38, 57, 82. As such, Ingold could
not have believed that her actions objectively were reasonable and cannot invoke qualified
immunity on this basis.
To summarize, with regard to Plaintiffs’ § 1983 claims the Court finds that, while Stringer
has no § 1983 claim, the Complaint states a claim for violation of T.S.’ Fourteenth Amendment
right to privacy and confidentiality and there is no basis to invoke qualified immunity. Therefore,

the Motion is granted as to Stringer’s § 1983 claim and denied as to T.S.’ § 1983 claim. Stringer’s
§ 1983 claims are dismissed as to all Defendants.
B. Negligence Claims
Ingold also moves to dismiss Plaintiffs’ negligence claims. See, Mot. at 10. A negligence
claim under New York law has three elements: “(1) the existence of a duty on defendant's part as
to plaintiff; (2) a breach of this duty; and (3) injury to the plaintiff as a result thereof.” Aegis Ins.
Servs., Inc. v. 7 World Trade Co., L.P., 737 F.3d 166, 177 (2d Cir. 2013) (quoting Alfaro v. Wal–
Mart Stores, Inc., 210 F.3d 111, 114 (2d Cir. 2000) (quotation marks omitted)). Gross negligence
shares the same three elements and “additionally require[s] allegations of ‘conduct that evinces a
reckless disregard for the rights of others or smacks of intentional wrongdoing.’” PC-41 Doe v.
Poly Prep Country Day Sch., 590 F. Supp.3d 551, 568 (E.D.N.Y. 2021) (quoting Taylor Precision
Prod., Inc. v. Larimer Grp., Inc., 2018 WL 4278286, at *18 (S.D.N.Y. Mar. 26, 2018)). The
question of whether a duty exists is for the Court to determine as a matter of law, and, “[i]f the

defendant owes no duty to the plaintiff, the action must fail.” Darby v. Compagnie Nat'l Air
France, 96 N.Y.2d 343, 347 (N.Y. 2001).
Ingold argues the negligence and gross negligence claims fail because the Complaint does
not allege any duty on the part of Ingold to Stringer or to T.S. Mot. at 10; Reply at 7. Plaintiffs
counter that the Complaint states a claim for both negligence and gross negligence because Ingold
breached a duty to Plaintiffs and engaged in behavior evincing reckless disregard for their rights.
Opp’n at 12-13.
As to Stringer’s negligence claims, Plaintiffs do not assert any viable theory by which
Ingold had a direct duty to Stringer. The conclusory statement that Ingold owed a duty to both
Plaintiffs by virtue of her position as T.S.’s teacher, is incorrect as a matter of law. See, Compl.

at ¶ 82. In general, schools and teachers owe a duty to their students, but not to the parents or
guardians of their students. See, Murray v. Rsch. Found. of State Univ. of New York, 283 A.D.2d
995, 996 (4th Dept. 2001)(a school has the duty of a reasonably prudent parent to its students).
Thus, while parents may have a claim on behalf of their child for a tort committed by the school
or teacher, they have no independent claim on their own behalves. There is nothing in the
Complaint or Plaintiffs’ opposition suggesting a basis to depart from this rule. The only alleged
harm suffered by Stringer is indirect and derivative of the alleged harm suffered by T.S.
As for T.S.’ claims of negligence, Plaintiffs’ opposition does not identify any case law that
might lend support for the sufficiency of conclusory statements that such a duty was owed to
Plaintiffs. Opp’n at 12-13. Instead, Plaintiffs’ opposition attempts to conjure a nonexistent
professional standard of care for teachers. Id. at 13 (“Defendant owed a duty of care to act within
the standards of practice of her profession.”). This is without precedent and Plaintiffs’ citation to
a case involving professional standards in the engineering profession is unpersuasive and

unavailing. Id. at 13 n. 41 (citing Mary Imogene Bassett Hosp. v. Cannon Design, Inc., 127 A.D.3d
1377, 1380 (3rd Dept. 2015)).2 Without a basis for Ingold’s duty to T.S., T.S.’ negligence claims
also fail.
Absent a cognizable duty Ingold owed to Plaintiffs, the Complaint fails to state a claim for
negligence and gross negligence. Therefore, Ingold’s Motion is granted as to Plaintiffs’ claims for
negligence and gross negligence and these claims are dismissed.
CONCLUSION
For the reasons set forth above, the motion to dismiss is granted as to Stringer’s § 1983 and
14th Amendment claims as against all Defendants, granted as to Plaintiffs’ Fifth Amendment
claims against all Defendants and granted as to all negligence claims against movant only, and

denied as to T.S.’ § 1983 claim.
SO ORDERED.

Dated: Brooklyn, New York
September 30, 2024
/s/
DORA L. IRIZARRY
United States District Judge

2 Some courts applying New York law have found a “special or confidential relationship” between “student and a
student’s family with a school and its professional employees.” May v. Bd. of Educ. of Harrison Cent. Sch. Dist., No.
04 CIV. 3332, 2005 WL 8180007, at *10 (S.D.N.Y. Sept. 2, 2005) (quoting Blair v. Union Free School Dist., 67 Misc.
2d 248, 253-254 (N.Y. S. Ct. 1971) (quotation marks removed)). There is scant case law to support this reasoning
and it may only apply to intentional infliction of emotional distress claims. The Court does not follow that reasoning
here.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10659623. Public record. Not legal advice.