SPRINGFIELD — A federal judge has dismissed three claims from a lawsuit alleging that a severely developmentally disabled child was physically abused by a staff member at Ozark Horizon State School, ruling that the plaintiffs failed to sufficiently plead violations of federal disability law and that the child’s parents cannot pursue their own emotional distress claim within the minor’s lawsuit.
In an order dated June 25, U.S. District Judge Douglas Harpool of the Western District of Missouri granted a motion for judgment on the pleadings filed by Ozark Horizon State School, the Missouri State Board of Education, Missouri Schools for the Severely Disabled, the Missouri Department of Elementary and Secondary Education and school employee Sheryl Youngblood.
School employee Christy Renee Rinear joined the motion with respect to one count. The ruling dismisses Counts III, IV and VIII of the plaintiffs’ amended complaint while leaving the remaining claims unaffected.
The lawsuit stems from allegations involving J.M., a nonverbal, severely developmentally disabled student who was 9 years old in October 2022 and attended Ozark Horizon State School in West Plains.
According to the complaint summarized in the court’s order, the plaintiffs allege that Rinear physically assaulted the child on multiple occasions in October 2022.
The complaint alleges that during one incident, Rinear grabbed the child by the arms and slammed him against a wall before chasing him after he broke free.
A second incident allegedly involved Rinear grabbing the child’s arms and raising a hand as though preparing to strike him before stopping after realizing another staff member was watching.
The complaint further alleges that a subsequent examination at a Children’s Division Child Advocacy Center documented bruising in the shape of a handprint on the child’s arms.
The plaintiffs also allege that Youngblood observed or had personal knowledge of the alleged abuse but failed to promptly report it to law enforcement or child protective authorities.
According to the complaint, staff members who witnessed or learned of the alleged incidents were instructed to report only to Youngblood rather than to the state child abuse hotline.
The complaint further asserts that the defendants were aware of an earlier alleged assault involving another severely disabled student in March 2022 but failed to implement safeguards or policies to prevent similar incidents.
The amended complaint asserted eight causes of action, including negligence, negligent supervision, civil assault and battery, intentional infliction of emotional distress and fraud.
The motion before the court challenged only the claims alleging violations of Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and negligent infliction of emotional distress.
In dismissing the ADA claim, Harpool concluded that while the complaint alleged numerous failures by the defendants in responding to the alleged abuse, it did not plausibly allege that J.M. was excluded from educational services or otherwise discriminated against because of his disability.
The judge noted that although the complaint described J.M. as a qualified individual with a disability and alleged deliberate indifference by the defendants, it did not contain factual allegations showing that any exclusion from services or discrimination occurred by reason of his disability, an essential element of a Title II claim.
The court reached the same conclusion regarding the Rehabilitation Act claim.
Although the complaint alleged that Ozark Horizon State School received federal funds and asserted that J.M. had been denied educational benefits because of his disability, Harpool found those assertions to be conclusory and unsupported by factual allegations demonstrating discrimination based on disability.
As a result, the court entered judgment for the defendants on Count IV.
The judge also dismissed the negligent infliction of emotional distress claim, which sought damages based on the emotional harm allegedly suffered by J.M.’s parents.
Harpool explained that because the parents brought the lawsuit only as next friends representing their minor child, they could not pursue their own personal claims within the same action.
Citing Federal Rule of Civil Procedure 17 and Missouri case law, the court held that such a claim belongs to the parents individually rather than to the child.
The order notes that while the parents may pursue such claims in their own capacities through a separate lawsuit, those claims cannot be asserted as part of J.M.’s case.
The court also denied the plaintiffs’ request for leave to amend that count, concluding that amendment would not cure the legal deficiency because the claim belonged to different parties.
The order concludes by granting the defendants’ motion for judgment on the pleadings and entering judgment in their favor on Count III, alleging violations of Title II of the Americans with Disabilities Act; Count IV, alleging violations of the Rehabilitation Act of 1973; and Count VIII, alleging negligent infliction of emotional distress.
The remaining claims asserted in the lawsuit were not addressed in the order and remain pending.
U.S. District Court for the Western District of Missouri, Southern Division case number: 6:23-cv-03222
