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16-11689 - Thomas, Jr et al v. Chelmsford School Committee et al


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16-11689 - Thomas, Jr et al v. Chelmsford School Committee et al
July 25, 2017
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Chief Judge Patti B. Saris: MEMORANDUM and ORDER entered. The Court ALLOWS in part and DENIES in part the motions to dismiss (Docket Nos. 28, 30).On Count I, a § 1983 claim against the municipal defendants, the plaintiffs fail to state a claim for violations of substantive due process, the Equal Protection Clause, and procedural due process. The municipal defendants' motion to dismiss, however, is DENIED to the extent that the plaintiffs state a Monell claim for First Amendment retaliation against the municipal defendants.On Count II, a Title IX claim against the municipal defendants, the municipal defendants motion to dismiss is DENIED.On Count III, an IDEA claim against the municipal defendants, the municipal defendants motion to dismiss is ALLOWED.On Count IV, a § 1983 claim against the individual defendants, the plaintiffs fail to state a claim for violations of substantive due process, the Equal Protection Clause, and procedural due process. The plaintiffs state a claim for First Amendment retaliation by defendants Tiano, Moreau, Caliri, Doherty, Siragusa, Kender, and Cole, but not by Rich. The Court allows qualified immunity as to Tiano, Moreau, Caliri, and Doherty as to the retaliation claim but denies qualified immunity as to Siragusa, Kender, and Cole. The individual defendants motion to dismiss is ALLOWED as to Tiano, Moreau, Caliri, Doherty, and Rich but DENIED as to Siragusa, Kender, and Cole.On Count V, a § 1983 conspiracy claim against the individual defendants, the individual defendants' motion to dismiss is ALLOWED.On Count VI, a claim for violation of the Massachusetts Declaration of Rights against the individual defendants, the individual defendants' motion to dismiss is ALLOWED.On Count VII, a claim for violation of the Massachusetts Civil Rights Act against the individual defendants, the individual defendants motion to dismiss is DENIED as to Siragusa and Kender, but otherwise ALLOWED.On Count VIII, a claim for conspiracy to violate the Massachusetts Civil Rights Act against the individual defendants, the individual defendants motion to dismiss is ALLOWED.On Count IX, a claim for defamation against the individual defendants, the individual defendants motion to dismiss is ALLOWED.On Count X, a claim for intentional infliction of emotional distress against the individual defendants, the individual defendants motion to dismiss is DENIED with respect to Siragusa and Kender, but otherwise ALLOWED.On Count XI, a claim for negligent infliction of emotional distress against the municipal defendants, the municipal defendants motion to dismiss is ALLOWED.On Count XII, a claim for civil conspiracy against the individual defendants, the individual defendants motion to dismiss is ALLOWED.On Count XIII, a claim for negligence against the municipal defendants, the municipal defendants motion to dismiss is ALLOWED as to the CSC but DENIED as to the Town.On Count XIV, a claim for loss of consortium against all defendants, the municipal defendants motion to dismiss is ALLOWED. The individual defendants motion to dismiss is DENIED as to Siragusa and Kender, but otherwise ALLOWED.In sum, the Court dismisses all claims against Tiano, Caliri, Moreau, Doherty, and Rich. The surviving claims against the Town and/or CSC are Count I (First Amendment retaliation), Count II (Title IX) and Count XIII (negligence).The surviving claims against the individual defendants Siragusa and Kender are Count IV (First Amendment retaliation), Count VII (MCRA), Count X (intentional infliction of emotional distress), and Count XIV (loss of consortium).The surviving claim against the individual defendant Cole is Count IV (First Amendment retaliation). (Geraldino-Karasek, Clarilde)