United States District Court, E.D. Washington
B.L., a minor, by and through KEVIN LANDDECK, his parent and guardian, Plaintiff,
TONASKET SCHOOL DISTRICT; JAMES CADDY; STEVE McCULLOUGH, in his official capacity; KEVIN TERRIS, in his official capacity; LLOYD CATON, in his official capacity; CATHERINE STANGLAND, in her official capacity; JOYCE FANCHER, in her official capacity; ERNESTO CERRILLO, in his official capacity; JERRY ASMUSSEN, in his official capacity, Defendants.
ORDER GRANTING DEFENDANTS' MOTION TO
SALVADOR MENDOZA, JR. UNITED STATES DISTRICT JUDGE.
the Court, without oral argument, is Defendants' Motion
for Dismissal under Rule 12(b)(6), ECF No. 6. Kevin Landdeck
filed suit on behalf of his minor son, B.L., against Tonasket
School District and several district employees or officials
alleging violation of the Washington Law Against
Discrimination (WLAD), Wash. Rev. Code (RCW) § 49.60
et seq., and Title IX, 20 U.S.C. § 1681, as
well as the common law tort of outrage. Because Plaintiff
fails to plead facts sufficient to support a prima facie case
for any of the alleged claims, Plaintiff's complaint is
dismissed in full.
the 2016-2017 school year, B.L. was a student at Tonasket
High School, a public education institution within the
Tonasket School District. Kevin Landdeck is the parent and
guardian of B.L. and was employed by Tonasket School District
as the coach of the Tonasket High School boys' basketball
Friday, January 27, 2017, the Tonasket High School basketball
team played the Brewster High School basketball team in an
away game at Brewster. During the game, Defendant James Caddy
cat-called and made belittling remarks towards the Tonasket
High School basketball team. Defendant Caddy was a teacher at
Tonasket Junior High School. Defendant Caddy referred to B.L.
as a “princess” and stated, “fix your hair
princess, ” in reference to the fact that B.L. wore his
Saturday, January 28, 2017, Landdeck notified the assistant
principal for Tonasket High School, Defendant Kevin Terris,
of the occurrence at the Friday evening game by text message.
The District took no action to investigate the complaint.
Monday, January 30, 2017, Landdeck confronted Defendant Caddy
in his classroom. As a result of the confrontation, Landdeck
was charged in Okanogan County District Court with harassment
and disorderly conduct. He was found not guilty of these
offenses following a jury trial in July 2017.
result of Defendant Caddy's remarks, B.L. was withdrawn
from Tonasket High School.
filed this action in Okanogan County Superior Court on
February 21, 2018, and Defendants removed to this Court on
March 6, 2018, ECF No. 1. Defendants moved to dismiss the
complaint on April 12, 2018, ECF No. 6.
may be dismissed pursuant to Rule 12(b)(6) either for lack of
a cognizable legal theory or failure to allege sufficient
facts to support a cognizable legal theory. Taylor v.
Yee, 780 F.3d 928, 935 (9th Cir. 2015).
“Threadbare recitals of the elements of a cause of
action, supported by mere conclusory statements, do not
suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009). To survive a motion to dismiss under Rule 12(b)(6), a
complaint must allege “enough facts to state a claim to
relief that is plausible on its face.” Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is
plausible on its face when “the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Iqbal, 556 U.S. at 678.
Plaintiff's complaint does not contain facts sufficient
to state a claim for sex discrimination under Title
asserts a claim under Title IX, 20 U.S.C. § 1681. Title
IX states in relevant part: “No person in the United
States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination under any education program or activity
receiving Federal financial assistance.” 20 U.S.C.
§ 1681(a). Sexual harassment is recognized by Title VII
and is therefore considered a form of discrimination under
Title IX. Se ...