On July 29, 2009, the United States District Court for the Southern District of New York granted Girvin & Ferlazzo, P.C.’s motion for summary judgment filed on behalf of the School District, dismissing all claims brought by a parent of a District student against the District and District officials. The School District was represented in the suit by Patrick J. Fitzgerald, Esq. and Ryan P. Mullahy, Esq.
In this case, the Plaintiff’s son was dismissed from the School District’s varsity football team because of multiple behavioral issues. Plaintiff commenced a suit against the School District alleging that the District and District officials violated his due process rights and retaliated against his son in violation of the First Amendment.
The Court granted summary judgment to the Defendant School District and the District officials named in the suit. Although Girvin & Ferlazzo, P.C. argued that Plaintiff’s son had no constitutionally protected property interest in participating on the School District’s football team, the District Court found that it did not need to address that issue because, even assuming for the sake of argument that there was such a property interest, Plaintiff was provided with all due process owed to him prior to his son’s dismissal. The Court noted that Plaintiff spoke with his son’s coach before and after his son’s dismissal, was allowed to appeal the coach’s determination to the School District’s Superintendent, and was granted several other opportunities to “present his side of the story.” The Court also pointed out that the Superintendent provided Plaintiff with a letter explaining the reasons for the District’s decision to dismiss Plaintiff’s son from the team.
The Court also dismissed Plaintiff’s First Amendment retaliation claim in its entirety. The Court noted that Plaintiff failed to offer evidence to establish a link between his protected speech and the School District’s decision to dismiss Plaintiff’s son. Finding that Plaintiff offered only “slim factual allegations” of retaliation, the Court granted Girvin & Ferlazzo, P.C.’s motion for summary judgment on this claim as well.