Masciotta v. Clarkstown Central School District
Plaintiff Tracy Masciotta, on behalf of her daughter V.M., filed an action under 42 U.S.C. § 1983 and New York state law against individual school employees and the Clarkstown Central School District. The complaint alleged violations of constitutional rights (Fourth, Fifth, Fourteenth Amendments; New York State Constitution) and state common law torts, stemming from a strip search and phone search of V.M. for alleged self-cutting without parental consent. Defendants moved to dismiss all claims. The court dismissed the Fourth Amendment and Substantive Due Process claims against the individual defendants on qualified immunity grounds, finding that searches for medical purposes were not clearly established under the Fourth Amendment, and the conduct was not sufficiently "conscience-shocking" to violate due process given the legitimate governmental purpose. The Section 1983 conspiracy claim was withdrawn by the Plaintiff, and constitutional claims against the School District were dismissed due to insufficient pleading of a municipal policy or custom. The court declined to exercise supplemental jurisdiction over the remaining state tort claims, dismissing them without prejudice. Plaintiff was granted leave to file an amended complaint.