KAREN MEYERS, as Administratrix of the Estate on behalf of Gabriel Taye; CORNELIA REYNOLDS; BENYAM TAYE v. CINCINNATI BOARD OF EDUCATION; MARY RONAN, In her Official Capacity as Superintendent of Cincinnati Public Schools, RUTHENIA JACKSON, Individually and in her Official Capacity as Principal of Carson Elementary School; JEFFREY MCKENZIE, Individually and in his Official Capacity as Assistant Principal of Carson Elementary School - Articles

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KAREN MEYERS, as Administratrix of the Estate on behalf of Gabriel Taye; CORNELIA REYNOLDS; BENYAM TAYE v. CINCINNATI BOARD OF EDUCATION; MARY RONAN, In her Official Capacity as Superintendent of Cincinnati Public Schools, RUTHENIA JACKSON, Individually and in her Official Capacity as Principal of Carson Elementary School; JEFFREY MCKENZIE, Individually and in his Official Capacity as Assistant Principal of Carson Elementary School

Posted by: Tanja Trezise on Dec 29, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Aaron M. Herzig, TAFT, STETTINIUS & HOLLISTER LLP, Cincinnati, Ohio, for Appellants.

Attorneys 2: ARGUED: Jennifer L. Branch, GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellees.

Attorneys 3: ON BRIEF: Aaron M. Herzig, Philip D. Williamson, TAFT, STETTINIUS & HOLLISTER LLP, Cincinnati, Ohio, Ian R. Smith, MCCASLIN IMBUS & MCCASLIN, Cincinnati, Ohio, for Appellants.

Attorneys 4: ON BRIEF: Jennifer L. Branch, Janaya Trotter Bratton, M. Caroline Hyatt, GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, Michele L. Young, Christine M. Hammond, GREGORY S. YOUNG CO., LPA, Cincinnati, Ohio, for Appellees.

Judge(s): GRIFFIN, STRANCH, and DONALD, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Cincinnati

BERNICE BOUIE DONALD, Circuit Judge. This civil rights action arises from the death of eight-year-old Gabriel Taye, who died by suicide on January 26, 2017. Taye was a third-grade student at Carson Elementary School, part of the Cincinnati Public Schools (“CPS”) system in Cincinnati, Ohio. The plaintiffs-appellees (collectively, “the Plaintiffs”)—Karen Meyers (as Administratrix of the Estate of Gabriel Taye) and Taye’s parents, Cornelia Reynolds and Benyam Taye—filed this action under 42 U.S.C. § 1983 against the Cincinnati Board of Education (“the Board”); now-retired Cincinnati Public Schools Superintendent Mary Ronan; former Carson Elementary principal, Ruthenia Jackson; former Carson Elementary assistant principal, Jeffrey McKenzie; and former Carson Elementary school nurse, Margaret McLaughlin (collectively, “the CPS Defendants”). The Plaintiffs also alleged against Jackson, McKenzie, and McLaughlin state law tort claims of wrongful death, intentional infliction of serious emotional distress, negligent infliction of emotional distress, loss of consortium, and failure to report child abuse. Additionally, the Plaintiffs brought a claim of spoliation against the Board, Ronan, Jackson, and McKenzie, as well as a claim of negligence against McLaughlin.

In lieu of filing an answer to the original complaint, the Board, Ronan, Jackson, and McKenzie moved to dismiss the Plaintiffs’ state law claims, in part on the grounds that they are entitled to governmental immunity pursuant to Ohio Rev. Code § 2744. The district court denied the motion to dismiss on those grounds. On appeal, Jackson and McKenzie argue that they are entitled to governmental immunity with respect to the Plaintiffs’ state law claims because the amended complaint fails to allege sufficient facts to establish that their conduct was “reckless” as a matter of law. Because we find that the Plaintiffs’ amended complaint sufficiently alleges facts that establish that Jackson and McKenzie behaved recklessly, we AFFIRM the district court’s denial of Jackson and McKenzie’s motion to dismiss, holding that they are not entitled to governmental immunity under Ohio Rev. Code § 2744.

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