Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Doe v. Boston Public Schools

United States District Court, D. Massachusetts

July 6, 2018

JOHN DOE1 and JANE DOE1, on behalf of their minor child B.G, and JOHN DOE2 and JANE DOE2, on behalf of their minor child A.R., Plaintiffs,
v.
BOSTON PUBLIC SCHOOLS, CITY OF BOSTON, TOMMY CHANG, MARTIN J. WALSH, and AYLA GAVINS, Defendants.

          MEMORANDUM AND ORDER GRANTING MOTIONS TO DISMISS

          ALLISON D. BURROUGHS U.S. DISTRICT JUDGE

         Plaintiffs John Doe1, Jane Doe1, on behalf of their minor child B.G., and John Doe2 and Jane Doe2, on behalf of their minor child A.R., bring this action against Defendants, school and city officials, to recover for injuries connected to alleged sexual and physical assaults of B.G. and A.R. committed by another student, A.J., that occurred at the Mission Hill K-8 School. [ECF No. 1-1 at 2-4]. Plaintiffs assert claims for violations of 42 U.S.C. § 1983, the Massachusetts Civil Rights Act, Mass. Gen. Laws ch. 12, § 11I, and Title IX, 20 U.S.C. § 1681. Id. at 3-5. Now before the Court are motions to dismiss filed separately by all five Defendants, although there is substantial overlap in the arguments advanced by each Defendant. [ECF Nos. 9, 11, 13, 15, 17]. For the reasons set forth below, the motions are granted, all claims are dismissed without prejudice, and Plaintiffs are granted leave to file an amended complaint.

         I. BACKGROUND

         Plaintiffs Mr. Doe1 and Ms. Doe1 reside in Boston with their daughter, B.G. Plaintiffs Mr. Doe2 and Mr. Doe2 live in West Roxbury with their daughter, A.R. Defendant City of Boston oversees the operation of Defendant Boston Public Schools. Defendant Martin Walsh is the Mayor of Boston, Defendant Tommy Chang is the Superintendent of the Boston Public Schools, and Defendant Ayla Gavins is the principal of the Mission Hill K-8 School (“Mission Hill”). The facts set forth in the complaint, in their entirety, are as follows:

The Boston School District (“District”) is a recipient of federal financial assistance, including federal financial assistance provided to the District's schools.
During all or a portion of the period pertinent to this Complaint, the individual municipal defendants were employed by Boston, and/or the School Committee, and were acting within the scope of their authority as employees of Boston and the School Committee.
During all or a portion of the period pertinent to this Complaint, one or more of the individual municipal defendants had final authority to formulate policy in their areas of responsibility.
Mission Hill was at all relevant times a Boston Public Schools school.
During the relevant period, B.G. was a minor student attending Mission Hill.
During the relevant period, A.R. was a minor student attending Mission Hill.
Upon information and belief, prior to and during the 2014-2015 a Mission Hill student (hereafter referred to as “A.J.”) sexually and physically assaulted students at Mission Hill.
The defendants had actual knowledge of these assaults.
During the 2014-2015 school year and thereafter, B.G. was sexually assaulted by A.J.
During the 2015-2016 school year and thereafter, A.R. was sexually and physically assaulted by A.J.
The defendants' actions and failures to act caused serious physical and emotional ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.