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Ball v. Rapides Training Academy

United States District Court, W.D. Louisiana, Alexandria Division

April 3, 2017

AMANDA BALL, individually and o/b/o Her minor children
v.
RAPIDES TRAINING ACADEMY, ET AL

          KAREN HAYES MAG. JUDGE.

          MEMORANDUM RULING

          JAMES T. TRIMBLE, JR. UNITEDSTATES DISTRICT JUDGE.

         Before the court is a "Motion to Dismiss" (R. #58) filed by defendant, the Rapides Parish School Board ("RPSB"), wherein pursuant to Federal Rule of Civil Procedure 12(b)(6) the mover seeks to dismiss with prejudice the following causes of action: (1) claims under Title II of the Americans with Disability Act ("ADA"), (2) 42 U.S.C. § 12101, et seq. ("Title II"), and (3) claims under the Individuals with Disabilities Improvement Act of 2004 ("IDEA"), 20 U.S.C. § 1400 et seq.[[1]]

         FACTUAL ALLEGATIONS

         Plaintiff, Amanda Ball, brings these claims individually and as the natural mother of her three minor children. In her complaint, Mrs. Ball alleges that she enrolled her minor son, K.G., whom she describes as disabled "within the meaning of state and federal laws", in St. Mary's Residential Training Academy ("St. Mary's") in June 2013.[2] In the fall of 2013, K.G. began attending classes at the Rapides Training Academy ("RTA"), a public school for children with disabilities, operated within the Rapides Parish School System by the Rapides Parish School Board.[3] Ms. Ball removed K.G. from St. Mary's on October 3, 2013 when she purportedly arrived at the RTA for a "scheduled visit" with K.G. and "discovered that K.G. had been physically, psychologically, and emotionally abused while he was in the care, custody, and control of defendants."[4] Mrs. Ball alleges that K.G. had "several cuts, bruises and wounds, was significantly "under weight" and was "pale."[5]

         Mrs. Ball generally alleges that K.G. was the "victim of mental, psychological and physical abuse by acts/or omissions which were both intentional and the result to [sic] the fault/neglect of" St. Mary's and RTA.[6] Mrs. Ball further alleges that the teachers, staff administrators and/or care providers at St. Mary's and RTA should have been aware of said abuse while K.G. was in their care, custody or control, but failed to report it to either Mrs. Ball or any authority.[7]

         RULE 12(b)(6)

         Fed. R. Civ. P. 8(a)(2) requires that pleadings which state one or more claims for relief must contain "...a short and plain statement of the claim showing that the pleader is entitled to relief..." This "notice pleading" requirement is balanced against Fed.R.Civ.P. 12(b)(6), which provides that a court may dismiss one or more claims when the pleader fails to state a claim upon which relief may be granted.

         For the purpose of considering a motion to dismiss pursuant to Rule 12(b)(6), the court must take all well-pled factual allegations as true and must view them in the light most favorable to the plaintiff.[8] The pleading must allege facts which, when taken as true, raise the pleader's claim. A motion to dismiss for failure to state a claim should be denied unless "it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts" alleged in the petition.[9]

         Only those facts which are well-pleaded and state a "plausible claim for relief must be accepted.[10] A claim is plausible when the court can reasonably infer from the facts that the defendant is liable to the plaintiff; a claim is not plausible when it only states conclusions of a "formulaic recitation of the elements of a cause of action."[11] However, even those facts which are extremely doubtful are to be assumed correct.[12]

         LAW AND ANALYSIS

         In its motion, RPSB seeks to dismiss Plaintiffs' claims under Title II of the Americans with Disability Act ("ADA"), [13] § 504 of the Rehabilitation Act of 1973 ("§ 504), [14] and the Individuals with Disabilities Improvement Act of 2004 ("IDEA"), [15] for failure to state a claim for which relief can be granted.

         Title II of the ADA and ...


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