Opinion

Dustin Kenney and Jill Kenney, as parents and natural guardians of D.K., a minor v. Collier County School Board, Jorge Badillo, and Ashley Coloma

Court
District Court, M.D. Florida
Filed
May 26, 2026
Cited by
0 cases
Authority
More cited than 41.4%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

DUSTIN KENNEY and

JILL KENNEY, as parents and

natural guardians of D.K., a minor,

Plaintiffs,

v. Case No.: 2:25-cv-786-SPC-KRH

COLLIER COUNTY SCHOOL

BOARD, JORGE BADILLO, and

ASHLEY COLOMA,

Defendants.

OPINION AND ORDER

Before the Court is Defendants Jorge Badillo, Ashley Coloma, and the

Collier County School Board’s (“Defendants”) Motion to Dismiss. (Doc. 41).

Plaintiffs Dustin and Jill Kenney, on behalf of their minor child, D.K.,

responded. (Doc. 45). For the reasons below, the Court grants the motion.

This is a civil rights action brought under 42 U.S.C. § 1983.1 D.K. was a

twelve-year-old student at a Collier County school. He pranked another

student by taking the student’s cell phone and placing it in another student's

backpack. Unable to locate his phone, the student filed a complaint that his

1 The Court “accept[s] the allegations in the complaint as true and constru[es] them in the

light most favorable to” Plaintiffs. Belanger v. Salvation Army, 556 F.3d 1153, 1155 (11th

Cir. 2009).

cell phone was missing. Less than a day later, the phone was returned

undamaged. D.K. never intended to steal or permanently deprive the student

of his cell phone.

As a result of the complaint, Badillo and Coloma (assistant principals at

the school) questioned D.K. on school property about the incident without his

parents’ knowledge or consent. Badillo and Coloma stated they knew D.K. had

not committed a crime. Nevertheless, the Collier County Sheriff’s Office

arrested D.K. for felony grand theft. A petition was filed against D.K. in

juvenile court, alleging he was delinquent for committing felony grand theft.

During the criminal prosecution, Badillo and Coloma failed to disclose to the

state court that D.K. was merely participating in a prank.

Based on the foregoing, Plaintiffs bring a 42 U.S.C. § 1983 claim against

Badillo and Coloma, claiming they violated D.K.’s Fourth Amendment rights

(count II) and a vicarious liability claim against the Collier County School

Board (“School Board”) (count II). (Doc. 38). Defendants move to dismiss both

claims. (Doc. 41).

To survive a Federal Rule of Civil Procedure 12(b)(6) motion, a complaint

must allege “sufficient factual matter, accepted as true, to state a claim to relief

that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Bare

“labels and conclusions, and a formulaic recitation of the elements of a cause

of action,” do not suffice. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).

A district court should dismiss a claim when a party does not plead facts that

make the claim facially plausible. See id. at 570. A claim is facially plausible

when a court can draw a reasonable inference, based on the facts pled, that the

opposing party is liable for the alleged misconduct. See Iqbal, 556 U.S. at 678.

This plausibility standard requires “more than a sheer possibility that a

defendant has acted unlawfully.” Id. (citing Twombly, 550 U.S. at 557

(internal quotation marks omitted)).

In count II, Plaintiffs allege Badillo and Coloma violated D.K.’s Fourth

Amendment right to procedural due process by restraining D.K. against his

will and subjecting him to interrogation without his parents’ knowledge and

consent. (Doc. 38 ¶¶ 23–25). Although this claim fails for several reasons, the

simplest is qualified immunity, which Badillo and Coloma raise. (Doc. 41).

“Qualified immunity offers complete protection for government officials

sued in their individual capacities if their conduct ‘does not violate clearly

established statutory or constitutional rights of which a reasonable person

would have known.’” Vinyard v. Wilson, 311 F.3d 1340, 1346 (11th Cir. 2002)

(quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). When a government

official operated within the scope of his discretionary authority, the plaintiff

bears the burden of “demonstrat[ing] that qualified immunity is not

appropriate.” Gray ex rel. Alexander v. Bostic, 458 F.3d 1295, 1303 (11th Cir.

2006) (quoting Lumley v. City of Dade City, 327 F.3d 1186, 1194 (11th Cir.

2003)).

The parties do not dispute that Badillo and Coloma acted within the

scope of their discretionary authority. So Plaintiffs bear the burden of proving

both (1) that Badillo and Coloma violated a statutory or constitutional right

and (2) that the right was clearly established at the time of the challenged

conduct. Acosta v. Miami-Dade Cnty., 97 F.4th 1233, 1239 (11th Cir. 2024).

Plaintiffs fall well short of establishing Badillo and Coloma violated

D.K.’s clearly established rights. The only case Plaintiffs cite involves a clearly

established First Amendment right, which has no bearing on this Fourth

Amendment case. (See Doc. 45 at 3 (citing Williams v. Alabama State Univ.,

102 F.3d 1179 (11th Cir. 1997)). Making matters worse, Williams found

qualified immunity applied and dismissed the plaintiff’s complaint. Id. at

1183–84). So it is unclear what citing to Williams was supposed to accomplish.

Plaintiffs argue that Badillo and Coloma’s “seizure” of D.K. was unreasonable

given they had no reasonable belief D.K. had committed a crime. But, the

Court previously found probable cause existed for D.K.’s arrest. (Doc. 37 at 8–

11). Because Plaintiffs fail to demonstrate a violation of a clearly established

constitutional right, Badillo and Coloma are entitled to qualified immunity,

and the Court dismisses count II with prejudice.

As for the vicarious liability claim against the School Board (count J),

because Badillo and Coloma are not liable, it follows that the School Board is

not vicariously liable either. See Hernandez v. Sosa, No. 11-21479-CIV, 2012

WL 4148890, at *7 (S.D. Fla. July 9, 2012) “Under Florida law, where an agent

or employee is found to have no liability, then a judgment cannot stand against

the principal or employer on the basis of vicarious liability or respondeat

superior.” (citation and quotations omitted)). So the Court dismisses count I

with prejudice.

Accordingly, it is now

ORDERED:

1. Defendants’ Motion to Dismiss (Doc. 41) is GRANTED.

2. The Clerk is DIRECTED to deny all pending motions as moot,

terminate any deadlines, and close the case.

DONE and ORDERED in Fort Myers, Florida this May 26, 2026.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.