Case: Land v. Matanuska-Susitna Borough School District

3:23-cv-00272 | U.S. District Court for the District of Alaska

Filed Date: Dec. 4, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the alleged excessive use of restraint and seclusion practices on disabled students. On Dec. 4, 2023, two parents, individually and as representatives of their minor child, filed this lawsuit in the U.S. District Court for the District of Alaska. They sued the Matanuska-Susitna Borough School District under the Americans with Disabilities Act, the Rehabilitation Act of 1973, and Alaksan state laws. Represented by private counsel, they sought injunctive relief, damages, and …

This is a case about the alleged excessive use of restraint and seclusion practices on disabled students. On Dec. 4, 2023, two parents, individually and as representatives of their minor child, filed this lawsuit in the U.S. District Court for the District of Alaska. They sued the Matanuska-Susitna Borough School District under the Americans with Disabilities Act, the Rehabilitation Act of 1973, and Alaksan state laws. Represented by private counsel, they sought injunctive relief, damages, and class action status, seeking to represent a subclass of current MSBSD students with disabilities who have experienced restraint or seclusion by district personnel and a subclass of parents and guardians of these students. They claimed that the school district's practices were unnecessarily punitive and violated both federal and state laws.

The complaint outlined numerous instances where the minor child, who has developmental delays and behavioral challenges, was subjected to these practices, often without the parents being informed in a timely manner. It detailed specific incidents where the minor child was secluded or restrained and argued that these actions were unnecessary and punitive and did not address the underlying behavioral issues. The plaintiffs argued that the school district's reliance on restraint and seclusion led to physical and psychological harm to the minor child and other students, deprived them of educational opportunities, and discriminated against them based on their disabilities.

On Dec. 5, 2023, pursuant to the system of random case assignments, this action was administratively reassigned to District Judge Joshua M. Kindred for all further proceedings. 

The parties stipulated to a protective on March 25, 2024, as they prepared to enter into discovery.

Summary Authors

(1/27/2024)

Documents in the Clearinghouse

Document
1

3:23-cv-00272

Complaint

Dec. 4, 2023

Dec. 4, 2023

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68060587/land-v-matanuska-susitna-borough-school-district/

Last updated April 3, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AAKDC-3533507.), filed by All Plaintiffs.(Dudukgian, Goriune) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

Clearinghouse
2

Civil Cover Sheet. (Dudukgian, Goriune) (Entered: 12/04/2023)

Dec. 4, 2023

Dec. 4, 2023

PACER
3

Unissued summons re Defendant Matanuska-Susitna Borough School District, (Attachments: # 1 Unissued Summons re Defendant Laura Kelly, # 2 Unissued Summons re Defendant David Russell, # 3 Unissued Summons re Defendant Angela Snow)(PXS, COURT STAFF) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER

1 - Summons Issued

Dec. 5, 2023

Dec. 5, 2023

PACER

Order Reassigning Case

Dec. 5, 2023

Dec. 5, 2023

PACER

Summons Issued as to Laura Kelly, Matanuska-Susitna Borough School District, David Russell, Angela Snow. (PXS, COURT STAFF)

Dec. 5, 2023

Dec. 5, 2023

PACER
4

HRH TEXT ORDER REASSIGNING CASE: Pursuant to the system of random case assignments, this action is administratively reassigned to the Honorable Joshua M. Kindred for all further proceedings. Please use the following case number on all future filings: 3:23-cv-00272-JMK. (JDS, COURT STAFF) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
5

NOTICE of Appearance by Allison G. Strickland on behalf of All Defendants (Strickland, Allison) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
5

NOTICE of Appearance by Allison G. Strickland on behalf of All Defendants (Strickland, Allison) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
6

NOTICE of Appearance by Megan N. Sandone on behalf of All Defendants (Sandone, Megan) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
6

NOTICE of Appearance by Megan N. Sandone on behalf of All Defendants (Sandone, Megan) (Entered: 12/18/2023)

Dec. 18, 2023

Dec. 18, 2023

PACER
7

NOTICE of Appearance by Aneliese K. Palmer on behalf of All Plaintiffs (Palmer, Aneliese) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
7

NOTICE of Appearance by Aneliese K. Palmer on behalf of All Plaintiffs (Palmer, Aneliese) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
7

NOTICE of Appearance by Aneliese K. Palmer on behalf of All Plaintiffs (Palmer, Aneliese) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
8

ANSWER to 1 Complaint by Laura Kelly, Matanuska-Susitna Borough School District, David Russell, Angela Snow.(Strickland, Allison) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

RECAP
8

ANSWER to 1 Complaint by Laura Kelly, Matanuska-Susitna Borough School District, David Russell, Angela Snow.(Strickland, Allison) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

RECAP
8

ANSWER to 1 Complaint by Laura Kelly, Matanuska-Susitna Borough School District, David Russell, Angela Snow.(Strickland, Allison) (Entered: 02/05/2024)

Feb. 5, 2024

Feb. 5, 2024

RECAP
9

ORDER RE INITIAL SCHEDULING & PLANNING CONFERENCE REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Joshua M. Kindred on 2/6/2024. (SCD, COURT STAFF) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
9

ORDER RE INITIAL SCHEDULING & PLANNING CONFERENCE REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Joshua M. Kindred on 2/6/2024. (SCD, COURT STAFF) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
9

ORDER RE INITIAL SCHEDULING & PLANNING CONFERENCE REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Joshua M. Kindred on 2/6/2024. (SCD, COURT STAFF) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
10

REPORT of Rule 26(f) Planning Meeting. (Dudukgian, Goriune) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
10

REPORT of Rule 26(f) Planning Meeting. (Dudukgian, Goriune) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
10

REPORT of Rule 26(f) Planning Meeting. (Dudukgian, Goriune) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

PACER
11

SCHEDULING AND PLANNING ORDER: Discovery due by 2/27/2025.See Order for additional deadlines. Signed by Judge Joshua M. Kindred on 2/27/2024. (SCD, COURT STAFF) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
11

SCHEDULING AND PLANNING ORDER: Discovery due by 2/27/2025.See Order for additional deadlines. Signed by Judge Joshua M. Kindred on 2/27/2024. (SCD, COURT STAFF) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
11

SCHEDULING AND PLANNING ORDER: Discovery due by 2/27/2025.See Order for additional deadlines. Signed by Judge Joshua M. Kindred on 2/27/2024. (SCD, COURT STAFF) (Entered: 02/27/2024)

Feb. 27, 2024

Feb. 27, 2024

PACER
12

Joint MOTION for Protective Order [and Stipulation] by Laura Kelly, Matanuska-Susitna Borough School District, David Russell, Angela Snow. (Attachments: # 1 Proposed Order)(Strickland, Allison) (Entered: 03/25/2024)

1 Proposed Order

View on PACER

March 25, 2024

March 25, 2024

RECAP
12

Joint MOTION for Protective Order [and Stipulation] by Laura Kelly, Matanuska-Susitna Borough School District, David Russell, Angela Snow. (Attachments: # 1 Proposed Order)(Strickland, Allison) (Entered: 03/25/2024)

1 Proposed Order

View on PACER

March 25, 2024

March 25, 2024

RECAP
12

Joint MOTION for Protective Order [and Stipulation] by Laura Kelly, Matanuska-Susitna Borough School District, David Russell, Angela Snow. (Attachments: # 1 Proposed Order)(Strickland, Allison) (Entered: 03/25/2024)

1 Proposed Order

View on PACER

March 25, 2024

March 25, 2024

RECAP
13

JMK TEXT ORDER: The parties' Joint Motion and Stipulation for Protective Order 12 is GRANTED. The protective order is approved as filed at Docket 12. (JDS, COURT STAFF) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER
13

JMK TEXT ORDER: The parties' Joint Motion and Stipulation for Protective Order 12 is GRANTED. The protective order is approved as filed at Docket 12. (JDS, COURT STAFF) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER
13

JMK TEXT ORDER: The parties' Joint Motion and Stipulation for Protective Order 12 is GRANTED. The protective order is approved as filed at Docket 12. (JDS, COURT STAFF) (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER

Order on Motion for Protective Order

March 26, 2024

March 26, 2024

PACER

Order on Motion for Protective Order

March 26, 2024

March 26, 2024

PACER

Order on Motion for Protective Order

March 26, 2024

March 26, 2024

PACER

Case Details

State / Territory: Alaska

Case Type(s):

Disability Rights

Key Dates

Filing Date: Dec. 4, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff seeks to represent a subclass composed of all current MSBSD students with an identified disability (including, but not limited to, students with an IEP or 504 plan) who have been subjected to a “restraint” or “seclusion” by District personnel as those terms are defined under AS 14.33.125(g). Plaintiff and the members of this proposed subclass are collectively called the “Student Subclass” in this Complaint. Parent Plaintiffs seek to represent a subclass composed of all parents and legal guardians of current MSBSD students with an identified disability (including, but not limited to, students with an IEP or 504 plan) who were subjected to a “restraint” or “seclusion” by District personnel, as those terms are defined under AS 14.33.125(g). Parent Plaintiffs and the members of this proposed subclass are collectively called the “Parent Subclass” in this complaint

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Matanuska-Susitna Borough School District (Matanuska-Susitna), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

Failure to train

Restraints : physical

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Special education

Integrated setting

Mental impairment

Autism

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis