Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bundy v. Broome-Tioga Bd. of Coop. Educ. Servs.

Apart From ADA Protections, No Constitutional Basis Exists for §1983 Rights Breach Claim

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION AND ORDER I. Introduction   Plaintiff Maggie Bundy brings this action against defendants Broome-Tioga Board of Cooperative Educational Services (BOCES), Kelly Sunderlin, Annette Varcoe, Ilene Monaco, and Robin Eccleston, alleging claims pursuant to 42 U.S.C. §1983, the Americans With Disabilities Act (ADA),1 and New York state law. (Compl., Dkt. No. 2.) Pending is defendants’ motion to dismiss.2 (Dkt. No. 4.) For the reasons that follow, the motion is granted. II. Background A. Facts3 From 2012 to 2015, Bundy attended classes with BOCES, a municipal corporation which provides educational services to school districts, including programs for handicapped students. (Compl.

2, 8.) As a student, Bundy “was classified as other health impaired and had multiple disabilities including deficits in…short term memory [and] working memory, [and had] language delays and physical issues including a congenital heart condition.” (Id. 9.) In January 2018, Bundy was hired as a teacher’s aide with BOCES. (Id. 11.) From January 2018 until May 2018, Bundy “satisfactorily fulfilled her employment responsibilities and was both happy and confident in carrying out her duties.” (Id. 12.) In the fall of 2018, two weeks after being assigned to one class, Bundy was transferred to work in special education teacher Sunderlin’s class, which had eight students “who were emotionally [a]utistic and nonverbal.” (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Attorney

Seeking a compassionate and experienced estate administration attorney for growing boutique estate planning and elder law practice. Huge eq...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements