Judge Robert D. Mariani ruled that the plaintiff did not need to use the specific phrase "state-created danger" in her complaint to plead a valid claim under the Fourteenth Amendment. The court noted that courts generally treat allegations of a violation of the Fourteenth Amendment right to bodily integrity and state created danger as one in the same.
The underlying dispute centers on the school district's decision to continue transporting the plaintiff, S.P., and a male student, Student A, in the same small van after S.P. had been sexually harassed and assaulted by Student A. S.P. is a minor with significant intellectual disabilities.
In its motion for reconsideration, the school district argued that the court clearly erred by denying its earlier motion for summary judgment on the Section 1983 claim. The district contended that the plaintiff failed to expressly plead an exception to the general rule that a public school does not have a constitutional duty to protect its students from fellow students.
Judge Mariani rejected this argument, noting that the school district had not raised the "magic words" issue in its initial motion to dismiss or its motion for summary judgment. The court found that the complaint adequately put the district on notice of the factual basis for the allegations.
The court previously found that a reasonable jury could find that the district violated S.P.'s right to bodily integrity under the state created danger exception. The record indicated that if a jury credits Student A's testimony and other evidence, Mr. Barbolish was aware of the nature and extent of the March 2021 fondling incident and nevertheless continued to place S.P. in the same small van with Student A.
The court cited precedent establishing that the Due Process Clause can impose an affirmative duty to protect if the state's own actions create the very danger that causes the plaintiff's injury. The court emphasized that the record is full of inconsistencies and conflicting testimony that would be inappropriate for the Court to resolve on summary judgment.
Consequently, the court denied the motion for reconsideration and scheduled the matter for trial.