United States District Court, D. New Jersey, Camden Vicinage
A.B., as guardian ad litem for her minor child, C.D., Plaintiff,
VINELAND BOARD OF EDUCATION, et al., Defendants.
B. KUGLER, UNITED STATES DISTRICT JUDGE
matter comes before the Court on the motion to dismiss of the
Vineland Board of Education, Superintendent Dr. Mary Gruccio,
Principal Tammy Monahan, and Assistant Principal Michael
Sullivan (“Defendants”). (Doc. No. 25.)
Defendants seek dismissal of Counts I, II, and III of
Plaintiff's Amended Complaint (Doc. No. 19 (“Am.
Compl.”).) For the reasons below, Defendants'
motion is GRANTED.
case is about improper sexual contacts between a teacher and
his thirteen-year-old student, C.D. During the 2015-2016
school year, C.D., then thirteen and in the eighth grade, was
enrolled in Rossi Intermediate School (the
“School”), which is operated by the Vineland
Board. (Am. Compl. at ¶¶ 15-17.) Based on the
teacher's misconduct, Plaintiff A.B. brought this action
on behalf of her minor daughter, CD., against the Vineland
Board, Superintendent Gruccio, the School's Principal
Monahan, and its Assistant Principal Sullivan. (Id.
at ¶¶ 8-9.)
C.D.'s Interactions with Her Teacher
Super, an adult man, used his status as one of C.D.'s
teachers to induce CD. into an inappropriate relationship.
(Id. at ¶¶ 21, 36.) During the 2015-2016
school year, Super used his school-issued email to transmit
thousands of sexually explicit email messages to CD.
(Id. at ¶ 22.)
relationship between Super and CD. was so conspicuous that
other students were aware of it during the 2015-2016 school
year and often made comments about it in the hallways, in
class, and to CD. (Id. at ¶ 37.) One classmate,
for instance, asked CD. about “the Super thing . . . if
you don't wanna talk about it fine but is it getting
better”? (Id. at ¶ 38.)
CD. and Super's conversations are unsettling. For
[Super]: No to what? I'm confused BabyMetal. And just the
whole 7th period thing.
[CD.]: Oh I mean like people are just saying shit. And I need
someone to talk to.
C: can I please listen to music
S: What are they saying now BabyMetal?
* * *
C: Hey daddy slipknot we have to talk about things.
S: What's up?
C: People are saying this about us daddy
C: They are a little bad but that's what they think of us
S: Oh geeze like what?
C: People think I do anything forceful with u. And that I
skip class to come see u alone in ur room. T sum it all up,
people we're . . . ya know doing???? You deserve to know
but that's what people keep saying I say to fuck off and
leave out bc he's innocent or I say ur a bitch and
that's completely nasty and will never happen, but I hope
our relationship will end bc of this dad?!!!!!
C: I'm sorry dad, but u NEED to know
(Id. at ¶ 37.) Several exchanges were sexual.
S: BTW my cheek was very heartbroken this week. I got him all
excited and then he got shut down. (sad face)
C: Y was he all excited d
S: Cause someone was supposed to give him something and then
it never matured. I had to let him down easy.
C: Aww ill kiss u on Monday for sure . . . can I get one
S: It'll be when you least expect it (blushing face)
* * *
S: Thanks I try. I wrote BB under the SS on your paper. Know
what that means? And wont say unless you guess right.
(blushing face) (winky face)
C: I didn't knotice but I don't wanna guess bc ima
get it rong so tell me d
S: just one guess please!! (praying hands). Two words that
start with B and they have do with you.
C: Uhhhhhhh big baby, beautiful boy, big butt, big boobs,
boring bitch, idk lol
S: Lol wow some of them work but you actually got half of it
C: uhhhh baby? Butt? Boobs? Beautiful? . . . what?
S: Two of them are correct just add a word to one of and bam
C: uhhhh boobs butt, beautiful baby, beautiful boobs, idk
S: Second one my B C: Awww daddy thank u . . ur so sweet!!
That was in my very high ...