Guan N. v. NYC Dept. of Education

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights

, New York Law Journal

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Judge Alison Nathan

Students of PS 184M—a predominantly Chinese school known as the Shuang Wen School—and their parents, alleged that investigations by New York City's Department of Education (DOE) arose from anti-Asian animus. While 42 USC §1983 claims against defendant Berat were dismissed, those against her under New York City's Human Rights Law (NYCHRL) survived. Pro bono counsel entered an appearance for defendant Primus. Both opposed plaintiffs' filing of a third amended complaint. Only partly dismissing plaintiffs' motion, the court allowed them to file a modified third amended complaint not asserting §1983 Fourth Amendment or §1983 equal protection claims against Berat or Primus. Nor could plaintiffs assert NYCHRL claims against Berat or Primus. In finding that plaintiffs lacked standing to assert §1983 claims against Berat or Primus the court determined that certain students had not been detained and questioned without parental consent nor had their parents adequately alleged injury. Nor did the student plaintiffs allege that they were personally subjected to a discriminatory school environment. The court found plaintiffs failed to allege that they suffered an injury fairly traceable to actions by either Berat or Primus.

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