Jane Doe, Individually, and on Behalf of the Infant Janie Doe v. Midlakes Schools Phelps-Clifton Springs Central School District, Board of Education, et al.

Summary

The United States District Court for the Western District of New York grants Katrina Morlang and Jeffery Morlang’s Rule 12(b)(6) motion to dismiss claims for negligence and intentional infliction of emotional distress. The court holds that the complaint does not plausibly allege that the Morlangs knew of their child’s propensity for vicious conduct, because it identifies only one specific violent incident involving their child and otherwise relies on conclusory or generalized allegations. The court dismisses the complaint as to the Morlangs and notes that any motion to amend should be directed to Judge Pedersen.

Holdings

1. Under the applicable New York law alleged in the complaint, a parent may be held vicariously liable for a child’s conduct only where the child had a propensity to engage in vicious conduct that might endanger a third party and the parent had knowledge of that propensity.
2. A single alleged instance of vicious conduct by a child is insufficient to establish the child’s propensity for vicious conduct and therefore is insufficient, without more, to plead the parents’ actual knowledge of that propensity.
3. Generalized, conclusory allegations that the Individual Defendants were informed of complaints about their children, or that they knew of their children’s propensity for harmful or violent behavior, do not plausibly state claims against the Morlangs without factual enhancement specifically connecting the allegations to the Morlangs’ child.

Questions Presented

1. Whether the complaint plausibly stated a New York negligence claim against the Morlangs based on vicarious liability for their child’s conduct.
2. Whether the complaint plausibly stated a New York intentional-infliction-of-emotional-distress claim against the Morlangs based on vicarious liability for their child’s conduct.
3. Whether one reported instance of the Morlangs’ child’s vicious conduct, together with generalized and conclusory allegations, plausibly established the parents’ actual knowledge of a propensity for vicious conduct.

Disposition

dismissed