Case: Q.T. v. Fairfax County School Board

1:19-cv-01285 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 8, 2019

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Case Summary

On October 8, 2019, the plaintiffs filed this lawsuit in the U.S. District Court for the Eastern District against the Fairfax County School Board. The plaintiffs in this case were students with disabilities and organizations comprised, in part, by parents of children with disabilities. The school board, its superintendent, its assistant superintendent, and its agents (collectively "the defendants") allegedly violated the plaintiffs' rights under the Americans with Disabilities Act (ADA), the Re…

Specifically, the plaintiffs brought this action to hold the defendants accountable for their use of restraints and seclusion to punish students with disabilities. Further, the plaintiffs alleged that the defendants failed to document and inform parents of their use of force against and isolation of students. In their complaint, the plaintiffs claimed that the defendants did not impose similar disciplinary responses for students without disabilities.

The student plaintiffs ranged in age from five years old to twelve years old while attending the defendants' schools. These plaintiffs were all children with disabilities under the ADA and the Rehabilitation Act with diagnoses such as non-verbal autism. The complaint alleged that the defendants physically restrained these students and left them in isolation to discipline the students for non-violent behaviors such as throwing headphones in a toilet, refusing to finish worksheets, and refusing to return to the classroom.

The plaintiffs alleged that the defendants used six-by-six-foot padded rooms with magnetically locked doors to keep disabled students in isolation. One student soiled himself until he was released. In some instances, however, the defendants gave the student rubber gloves and a disinfectant wipe and instructed him to go back into the seclusion cell to clean up his own urine.

In their complaint, the plaintiffs additionally alleged that the defendants used unwarranted force against disabled students. Specifically, the plaintiffs claimed that the defendants dragged students down the hallway, used chokeholds, and even gave one student a concussion while restraining him. As a result of this conduct, the student plaintiffs suffered from increased anxiety, trauma in enclosed rooms, and sleeplessness and nightmares.

The parents of these students alleged that the defendants failed to inform guardians of this use of confinement. One parent claimed that she learned of the seclusion rooms when she heard her child screaming, "Somebody help me, please let me out!" from inside a room.

The plaintiffs sought relief under the ADA and the Rehabilitation Act alleging that the defendants disproportionately used restraint and seclusion on students with disabilities as punitive measures. Additionally, the plaintiffs alleged that the defendants deprived the plaintiffs of their Fourth and Fourteenth Amendment rights by subjecting them to unlawful seizures, denying them due process of law, and denying them educational opportunities equal to non-disabled students. As a result, the plaintiffs sought declaratory and monetary relief as well as a preliminary and permanent injunction directing the defendants to cease and desist from using such restraints and seclusions and to develop an appropriate alternative system.

On January 13, 2020, the defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction. Judge Rossie D. Alston, Jr., granted in part and denied in part the defendants' motion for dismissal on January 14, 2020, dismissing counts two and three as they pertained to the individual plaintiffs, and counts one, two, and three as they pertained to the organizational plaintiffs. Judge Alston, however, granted the plaintiffs permission to file an amended complaint.

The plaintiffs filed a second amended complaint on August 4, 2020, adding additional individual plaintiffs as well as organizational plaintiffs. In their second amended complaint, the plaintiffs detailed the defendants' obligation to use the least restrictive measures to respond to students and to abstain from removing students from the learning environment for unreasonable or unnecessary periods of time.

On August 25, 2020, the Fairfax County Public Schools Superintendent and Assistant Superintendent filed a motion to dismiss the case for failure to state a claim specific to these two defendants.

Following the defendants' second motion to dismiss, the plaintiffs filed a notice of voluntary dismissal on October 2, 2020, dismissing their case against the Fairfax County Public Schools Superintendent and Assistant Superintendent. Judge Alston entered the order of dismissal on the same day, leaving only the claims against the Fairfax County School Board ("the defendant") remaining.

After months of litigation, the defendant filed a motion to sever the plaintiffs on April 22, 2021. Without resolving this motion, the parties stayed litigation pending settlement negotiations.

Eight months later, the parties reached an agreement. On December 2, 2021, Judge Rossie D. Alston, Jr., entered a consent order enjoining the defendant from using seclusion in all Fairfax County Public Schools by January 1, 2021, with the exception of one school that would prohibit seclusion by January 1, 2022, and two schools that would do the same by the start of the 2022-2023 school year. The defendant also agreed to develop procedures, training, and milestones aimed at ending seclusion in these three schools as soon as possible. As part of the consent order, the court ordered the defendants to provide quarterly reports until all Fairfax County Public Schools prohibited seclusion.

On December 15, 2021, the case was dismissed with prejudice based on the parties' consent order and subsequent stipulation of dismissal. The court, though, retained jurisdiction over this case through December 2, 2024.

	Document
1:19-cv-01285	Docket [PACER]	Sept. 9, 2021	Sept. 9, 2021 Docket
1 1:19-cv-01285	Complaint	Oct. 8, 2019	Oct. 8, 2019 Complaint
33 1:19-cv-01285	Order	July 14, 2020	July 14, 2020 Order/Opinion
40 1:19-cv-01285	Second Amended Complaint	Aug. 4, 2020	Aug. 4, 2020 Complaint
89 1:19-cv-01285	Consent Order	Dec. 2, 2021	Dec. 2, 2021 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	Complaint ( Filing fee $ 400, receipt number 0422-6876713.), filed by Autistic Self Advocacy Network, D. O., Communication First, A. O., C. T., Q. T., Council of Parent Attorneys and Advocates. (Attachments: # 1 Civil Cover Sheet)(Byrnes, Kevin) (Entered: 10/08/2019) 1 Civil Cover Sheet View on RECAP	Oct. 8, 2019	Oct. 8, 2019 RECAP
2	Waiver of Service Returned Unexecuted as to Fairfax County School Board, Dr. Scott Braband, and Teresa Johnson, filed by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Main Document 2 replaced on 10/10/2019) filed in error per clerk's notification (acha, ). (Entered: 10/08/2019)	Oct. 8, 2019	Oct. 8, 2019
	Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge John F. Anderson. (acha, )	Oct. 8, 2019	Oct. 8, 2019
	Case Reassigned to District Judge Rossie D. Alston, Jr and Magistrate Judge John F. Anderson. District Judge Leonie M. Brinkema no longer assigned to the case. (acha, )	Oct. 9, 2019	Oct. 9, 2019
3	WAIVER OF SERVICE Returned Executed by Autistic Self Advocacy Network, D. O., Communication First, A. O., C. T., Q. T., Council of Parent Attorneys and Advocates. Scott Braband waiver sent on 10/8/2019, answer due 12/9/2019; Fairfax County School Board waiver sent on 10/8/2019, answer due 12/9/2019; Teresa Johnson waiver sent on 10/8/2019, answer due 12/9/2019. (Byrnes, Kevin) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019
4	First Motion to appear Pro Hac Vice by Anthony Jovi May and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882528. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019
5	First Motion to appear Pro Hac Vice by Eve Lynne Hill and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882552. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019
6	First Motion to appear Pro Hac Vice by Regina Kline and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882564. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019
7	First Motion to appear Pro Hac Vice by Sharon Krevor-Weisbaum and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number 0422-6882571. by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, A. O., D. O., C. T., Q. T.. (Byrnes, Kevin) (Entered: 10/10/2019)	Oct. 10, 2019	Oct. 10, 2019
10	ORDER granting 6 Motion for Pro hac vice for Regina Kline. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)	Oct. 16, 2019	Oct. 16, 2019
11	ORDER granting 7 Motion for Pro hac vice for Sharon Krevor-Weisbaum. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)	Oct. 16, 2019	Oct. 16, 2019
8	ORDER granting 4 Motion for Pro hac vice Anthony Jovi May. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)	Oct. 16, 2019	Oct. 16, 2019
9	ORDER granting 5 Motion for Pro hac vice for Eve Lynne Hill. Signed by District Judge Rossie D. Alston, Jr on 10/16/2019. (acha, ) (Entered: 10/17/2019)	Oct. 16, 2019	Oct. 16, 2019
12	Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Setting Filing Schedule for Amended Complaint and Motion to Dismiss Amended Complaint, and Temporarily Staying Issuance of Scheduling Order by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Proposed Order Setting Filing and Briefing Schedule and Temporarily Staying Issuance of Scheduling Order)(Raphael, Stuart) (Entered: 12/06/2019)	Dec. 6, 2019	Dec. 6, 2019
13	Waiver of re 12 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Setting Filing Schedule for Amended Complaint and Motion to Dismiss Amended Complaint, and Temporarily Staying Issuance of Scheduling Order WAIVER OF HEARING by Scott Braband, Fairfax County School Board, Teresa Johnson (Raphael, Stuart) (Entered: 12/09/2019)	Dec. 9, 2019	Dec. 9, 2019
14	NOTICE of Appearance by Maya Miriam Eckstein on behalf of Scott Braband, Fairfax County School Board, Teresa Johnson (Eckstein, Maya) (Entered: 12/09/2019)	Dec. 9, 2019	Dec. 9, 2019
15	NOTICE of Appearance by Matthew Robert McGuire on behalf of Scott Braband, Fairfax County School Board, Teresa Johnson (McGuire, Matthew) (Entered: 12/09/2019)	Dec. 9, 2019	Dec. 9, 2019
16	ORDER granting 12 Motion for Extension of Time to File Response/Reply re 12 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Setting Filing Schedule for Amended Complaint and Motion to Dismiss Amended Complaint, and Temporarily Staying Issuance of Scheduling Order Responses due by 1/13/2020 Replies due by 2/21/2020. Signed by District Judge Rossie D. Alston, Jr on 12/10/2019. (See order for further details). (acha, ) (Entered: 12/10/2019)	Dec. 10, 2019	Dec. 10, 2019
	Plaintiff's Amended Complaint due by 12/13/2019. (acha, )	Dec. 10, 2019	Dec. 10, 2019
17	AMENDED COMPLAINT against Scott Braband, Fairfax County School Board, Teresa Johnson, filed by Autistic Self Advocacy Network, D. O., Communication First, A. O., C. T., Q. T., Council of Parent Attorneys and Advocates, J. M., J. R.. (Attachments: # 1 Exhibit FCPS Restraint and Seclusion Reports)(Byrnes, Kevin) (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019
18	MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020
19	Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Exhibit A - Guidelines, # 2 Exhibit B - Decl. of Teresa Johnson)(McGuire, Matthew) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020
20	MOTION to Stay Issuance of the Scheduling Order, or in the Alternative, to Stay Discovery Pending Disposition of Dispositive Motions by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Exhibit A - Proposed Order)(Eckstein, Maya) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020
21	Memorandum in Support re 20 MOTION to Stay Issuance of the Scheduling Order, or in the Alternative, to Stay Discovery Pending Disposition of Dispositive Motions filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (Eckstein, Maya) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020
22	Notice of Hearing Date set for March 20, 2020 re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 19 Memorandum in Support, (McGuire, Matthew) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020
	Notice of Correction re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . The filing user has been notified to file a Notice of Hearing Date. (acha, )	Jan. 13, 2020	Jan. 13, 2020
23	ORDER- Accordingly, it is ORDERED that the Court will not issue the scheduling order until the pending motion (Dkt. 18 ) to dismiss is resolved IT IS FURTHER ORDERED that discovery in this case is stayed pending resolution of the School Board's and individual school defendants' motions to dismiss (Dkt. 18 ). Signed by District Judge Rossie D. Alston, Jr on 1/14/2020. (See order for further details). (acha, ) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020
	Set Deadlines as to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 3/20/2020 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr.. (clar, )	Jan. 14, 2020	Jan. 14, 2020
24	Opposition to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, Notice of Correction, 19 Memorandum in Support, filed by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Byrnes, Kevin) (Entered: 02/12/2020) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER	Feb. 12, 2020	Feb. 12, 2020 RECAP
25	REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 02/21/2020)	Feb. 21, 2020	Feb. 21, 2020
	Per RDA chambers motions set for 3/20/2020 have been POSTPONED and CONTINUED In pursuant to the General Order No. 2020-03 (clar, )	March 17, 2020	March 17, 2020
26	MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T.. (Attachments: # 1 Proposed Order Proposed Order)(Byrnes, Kevin) (Entered: 06/23/2020) 1 Proposed Order Proposed Order View on PACER	June 23, 2020	June 23, 2020 RECAP
27	NOTICE by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. re 19 Memorandum in Support, Notice of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Byrnes, Kevin) (Entered: 06/23/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER	June 23, 2020	June 23, 2020 RECAP
28	Notice of Hearing Date re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 26 MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss, 27 NOTICE,, 19 Memorandum in Support, (Byrnes, Kevin) (Entered: 06/23/2020)	June 23, 2020	June 23, 2020
	Set/Reset Deadlines as to 26 MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss, 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 6/23/2020 at 10:00 AM in Alexandria Courtroom 601 before District Judge Rossie D. Alston Jr. (clar, )	June 24, 2020	June 24, 2020
29	RESPONSE to Motion re 26 MOTION for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(McGuire, Matthew) (Entered: 06/26/2020)	June 26, 2020	June 26, 2020
30	ORDER- It is hereby ORDERED that Motion (Dkt. 26) is GRANTED; IT IS FURTHER ORDERED that Plaintiffs file a motion with their supplemental authority on or before July 1, 2020; IT IS FURTHER ORDERED that Defendants respond with any supplemental authority they may have on or before July 8, 2020; and IT IS FURTHER ORDERED that both Plaintiffs' and Defendants' filings containing such supplemental authority be no longer than 10 pages, and otherwise comply with the formatting requirements of Local Civil Rule 7(F)(3). Signed by District Judge Rossie D. Alston, Jr on 6/26/2020. (See order for further details). (acha, ) Copy sent (Entered: 06/26/2020)	June 26, 2020	June 26, 2020 RECAP
	Set/Reset Deadlines as to 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Responses due by 7/1/2020 Replies due by 7/8/2020. (acha, )	June 26, 2020	June 26, 2020
31	NOTICE by Autistic Self Advocacy Network, Communication First, Council of Parent Attorneys and Advocates, J. M., A. O., D. O., J. R., C. T., Q. T. re 18 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction, 19 Memorandum in Support, Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Byrnes, Kevin) (Entered: 07/01/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER	July 1, 2020	July 1, 2020 RECAP
32	Response to 31 NOTICE,, of Supplemental Authority filed by Scott Braband, Fairfax County School Board, Teresa Johnson. (McGuire, Matthew) (Entered: 07/08/2020)	July 8, 2020	July 8, 2020

Case: Q.T. v. Fairfax County School Board

1:19-cv-01285 | U.S. District Court for the Eastern District of Virginia

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