In the case of Myers v. Boardman Local Sch. Dist. Bd. of Edn., N.D.Ohio No. 4:21-cv-2048, a federal district court issued a July 11, 2022 decision denying the school board’s motion to dismiss holding that, considering the alleged facts most favorable to a mother and her son, sufficient facts were pled to alleged that a teacher violated the Equal Protection Clause of the Fourteenth Amendment and/or engaged in the wanton and reckless supervision of a classroom aide based upon the allegations that the teacher knew that the classroom aide was abusing the son, but failed to stop the abuse and even covered up the abuse by failing to properly report the same. To read our blog on this decision entitled, “A Teacher May Be Liable for Wantonly and Recklessly Supervising a Classroom Aide,” click here.
On November 28, 2022, the federal district court then issued a subsequent decision dismissing the wanton and reckless supervision claims against the teacher; failure to train and supervise and for unconstitutional customs, policies, and practices causing constitutional violations against the school board; and wanton and reckless hiring, retention, and supervision claims against the school board. On that same date, the federal district court also held the Fourteenth Amendment denial of substantive due process claim against the teacher and wanton and reckless supervision claims against the teacher would proceed.
In support of its decision in favor of the mother and son as to the wanton and reckless supervision claims against the teacher, the federal district court explained the teacher had a duty to protect the son while the son was in the teacher’s classroom and, “[a]t this juncture, the complaint can (and must) be construed as a failure in [the teacher’s] duty to [the son] due to [the teacher’s] allegedly ‘wanton and reckless’ conduct—i.e. leaving [the son] unsupervised with [the aide], given [the teacher’s] knowledge of [the aide’s] alleged prior physical and verbal conduct towards [the son].” Opinion and Order at 18.
In support of its decision in favor of the school board as to the failure to train and supervise and for unconstitutional customs, policies, and practices causing constitutional violation claims against the school board, the federal district court explained that the school board had no knowledge of employees abusing students within the school, and when the school board learned of the abuse, the school board disciplined the aide and the abuse stopped.
In support of its decision in favor of the school board as to the wanton and reckless hiring, retention, and supervision claims against the school board, the federal district court explained that the mother and son abandoned the claim because the mother and son did not offer any argument in respect to this claim in opposition to the motion to dismiss.
To read this case, click here.
NOTE: In its November 28, 2022 decision, the federal district court also summarized, in conjunction with the July 11, 2022 decision, that the Fourteenth Amendment denial of substantive due process claim against the classroom aide, assault/battery claim against the classroom aide, and intentional infliction of emotional distress claim against the classroom aide would proceed.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.