Judge dismisses some counts in suit alleging abuse by SSD teacher, allows others
A federal judge allowed a lawsuit alleging abuse of a disabled student by a Scranton School District special education teacher to proceed on some counts, but dismissed others.
U.S. District Judge Karoline Mehalchick did not rule on the credibility of the suit's allegations concerning teacher Erica Stolan or others named in the civil complaint attorneys Joseph Grady and Todd O'Malley filed in U.S. District Court in February 2024 on behalf of the student and his parents. In addition to Stolan, it named the school district, South Scranton Intermediate School Principal Joseph Lalli, former Principal Daniel Gilroy and district Director of Special Education Ann Genett as defendants.
Among other claims, the plaintiffs allege that the student with multiple disabilities, including autism and attention-deficit/hyperactivity disorder, was assaulted by Stolan in her classroom at South Scranton Intermediate School. The complaint specifically alleges that Stolan sprayed liquid in the child's face on Jan. 2, 2023, then, a day later, shoved him out of his chair and directed and encouraged other special education students to forcibly remove him from the classroom.
A behavior support professional witnessed the alleged conduct and reported it to Gilroy in writing, according to the complaint, which notes a ChildLine report originated from the district and district officials removed Stolan from the school on Jan. 4, 2023. But Stolan, now a special education teacher at Charles Sumner Elementary School, was allowed to return to the intermediate school in the spring of 2023, according to the complaint.
The plaintiffs contend Stolan's conduct was 'open, widespread and known' by district staff and administrators and that the district, its officers and employees allowed her abusive behavior to continue 'unabated and unsupervised.'
Attorneys representing the district and other defendants filed a motion to dismiss the lawsuit in April 2024, arguing the 13 separate counts in the plaintiffs' complaint should be dismissed for a variety of reasons. Among other arguments, they contended that Stolan and the other defendants are immune from liability, the court lacks jurisdiction in the case and the plaintiffs aren't entitled to punitive damages.
In their motion, attorneys John Freund, the district's solicitor, and Alyssa Hicks argued the court lacks jurisdiction because the plaintiffs failed to exhaust 'administrative remedies' available under the Individuals with Disabilities Education Act. They also argued the plaintiffs didn't specify how the actions of the individual defendants 'demonstrate that they knew their actions violated (the student's) rights' and failed to establish that the student's disability 'was the cause of the denial of benefits.'
In an order late last month, Mehalchick dismissed several of the complaint's 13 counts, some with prejudice and some without, but allowed others to proceed.
For example, the judge denied the defendants' motion to dismiss certain federal claims alleging violations of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, allowing those counts to continue. She also denied a motion to dismiss a separate count alleging violations of rights guaranteed by the 14th Amendment, allowing that claim to proceed while declining during the pleading stage of the civil action to address the defendants' claims of qualified immunity.
It is 'premature' at this point to determine whether Stolan and the other defendants are entitled to qualified immunity, the judge's order notes.
But Mehalchick did dismiss a pair of counts against individual defendants other than Stolan, noting in her order that the plaintiffs failed to allege in the relevant counts 'willful misconduct' by those individuals 'beyond mere deliberate indifference.' She also dismissed the same counts against the school district, finding that the Pennsylvania Political Subdivision Tort Claims Act, which shields government agencies from liability for actions committed by their employees under certain circumstances, bars those counts.
The judge denied a motion to dismiss several counts against Stolan, including counts alleging assault and battery and the intentional infliction of emotional distress.
'Please understand that the judge did not find anyone liable,' Freund said in a recent statement to the newspaper. 'The decision merely means that the plaintiff's complaint stated sufficient allegations for the case to move forward.'
Robert Moran, an attorney for the plaintiffs, also issued a statement addressing the judge's order.
'We are pleased with Judge Mehalchick's thorough and well-reasoned opinion,' he said. 'The facts underlying the allegations should shock every parent, particularly those with children suffering a disability. We look forward to this case proceeding.'
Mehalchick also did not dismiss the plaintiffs' claim for punitive damages in the case, noting such a dismissal would not be appropriate 'at this preliminary stage of litigation.' She also granted the plaintiffs an opportunity to file an amended complaint to potentially cure deficiencies related to claims dismissed without prejudice.
The plaintiffs are still evaluating whether to file an amended complaint, Moran said.
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