United States District Court, W.D. Missouri, Western Division
JOEL MARTIN, on his own behalf, and as Next Friend for C.M., a minor, Plaintiffs,
NORTH KANSAS CITY SCHOOL DISTRICT, et al., Defendants.
FERNANDO J. GAITAN, JR. UNITED STATES DISTRICT JUDGE
pending before the Court is Defendant North Kanas City School
District (“NKC's”) Motion to Dismiss (Doc. #
12); NKC's Motion for Leave to File Excess Pages (Doc. #
16); Plaintiff's Motion for Leave to File Supplemental
Legal Support (Doc. # 48) and Stephen Freeland's Motion
to Withdraw as Counsel for Defendants (Doc. # 69).
case involves allegations that Samuel Waltemath, a former
employee of the North Kansas City School District, sexually
assaulted and raped plaintiff C.M., a minor student.
Waltemath was C.M.'s seventh grade teacher. Plaintiffs
filed a three count Complaint against NKC, Waltemath and five
NKC employees. Count I alleges a violation of Title IX and is
asserted against the District only. Count II alleges a
violation of the Missouri Human Rights Act and is asserted
against the District and Waltemath. Count III asserts a
Negligence claim against various district employees. The
District has moved to dismiss Count II on the basis that the
District is not a “person” as that term is
defined in the MHRA and thus is not subject to the MHRA's
public accommodation provision. Secondly, the District argues
that plaintiffs' underlying charge relating to
Watemath's alleged acts was not timely filed with the
MCHR as required under the MHRA. The District also argues
that none of the alleged acts occurred on the District's
premises, so plaintiffs have failed to allege a denial of
public accommodation by the District. Finally, the District
alleges that plaintiffs have failed to meet minimum pleading
standards to state a claim against the District for any
conduct by C.M.'s peers as a separate claim.
survive a motion to dismiss under 12(b)(6), “a
complaint must contain sufficient factual matter, accepted as
true, to state a claim for relief that is plausible on its
face." Ashcroft v. Iqbal, 556 U.S. 662, 129
S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct.
1955, 167 L.Ed.2d 929 (2007)). A pleading that merely pleads
“labels and conclusions" or a “formulaic
recitation" of the elements of a cause of action, or
“naked assertions" devoid of “further
factual enhancement" will not suffice. Id.
(quoting Twombly). “Determining whether a
complaint states a plausible claim for relief will . . . be a
context-specific task that requires the reviewing court to
draw on its judicial experience and common sense."
Id. at 1950. Under Fed.R.Civ.P. 12(b)(6) we must
accept the plaintiff's factual allegations as true and
grant all reasonable inferences in the plaintiff's favor.
Phipps v. FDIC, 417 F.3d 1006, 1010 (8th
Is NKC Considered a “Person” Under MHRA's
Public Accommodation Provision?
§ 213.065 Discrimination in public accommodations states
1. All persons within the jurisdiction of the state of
Missouri are free and equal and shall be entitled to the full
and equal use and enjoyment within this state of any place of
public accommodation, as hereinafter defined, without
discrimination or segregation because of race, color,
religion, national origin, sex, ancestry, or disability.
2. It is an unlawful discriminatory practice for any
person, directly or indirectly, to refuse, withhold
from or deny any other person, or to attempt to refuse,
withhold from or deny any other person, any of the
accommodations, advantages, facilities, services, or
privileges made available in any place of public
accommodation, as defined in section 213.010 and this
section, or to segregate or discriminate against any such
person in the use thereof because of race, color, religion,
national origin, sex, ancestry, or disability.
Mo. Rev. Stat. § 213.065 (Emphasis added).
is defined in the statute as:
[O]ne or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal
representatives, mutual companies, joint stock companies,
trusts, trustees, trustees in bankruptcy, ...