UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
EUGENE GIBSON and S.G., : CIVIL ACTION NO. Plaintiffs, : 3:18-CV-01825 (JCH)
v. :
ABBY DOLLIVER, et al., : APRIL 1, 2019 Defendants. :
RULING RE: MOTION TO DISMISS (DOC. NO. 21), MOTION TO DISMISS (DOC. NO. 26), MOTION FOR SUMMARY JUDGMENT (DOC. NO. 29), MOTION TO DENY NOTICE OF REMOVAL ON JURISDICTION (DOC. NO. 38)
I. INTRODUCTION
On October 9, 2018, the plaintiffs, Eugene Gibson (“Gibson”) and his daughter
(“S.G.”), filed this pro se action in Connecticut Superior Court against the defendants,
Abby Dolliver (“Dolliver”), Jamie Bender (“Bender”), and Nakia Hamelett (“Hamelett”).
See generally Complaint (“Compl.”) (Doc. No. 1-1). The Complaint asserts a variety of
federal and state law claims against the defendants, all of which are predicated on the
defendants’ alleged failure to provide S.G. with adequate special education services.
See id. at 4-6, 17.
On November 6, 2018, Dolliver and Bender filed a Notice of Removal, which
Notice indicated that Hamelett had also consented to removing the action from
Connecticut Superior Court to this court. See Notice of Removal (Doc. No. 1) at ¶ 7.
On January 9, 2019, Hamelett moved to dismiss the Complaint under Rules 12(b)(1)
and 12(b)(6) of the Federal Rules of Civil Procedure. See Motion to Dismiss
(“Hamelett’s Mot. to Dismiss”) (Doc. No. 21). That same day, Dolliver and Bender also
moved to dismiss all of the plaintiffs’ claims or, in the alternative, to strike certain
allegations from the Complaint under Rule 12(f) and to order a more definite statement 1
under Rule 12(e). See Motion to Dismiss (“Dolliver & Bender’s Mot. to Dismiss”) (Doc.
No. 26); see also Memorandum of Law in Support of Defendants Abby Dolliver’s and
Jamie Bender’s Motion to Dismiss, Motion to Strike, and/or Motion for More Definite
Statement (“Dolliver & Bender’s Mem.”) (Doc. No. 25) at 10.
On January 29, 2019, this court held an in-person status conference with the
parties, during which time it raised sua sponte the issue of whether the defendants’
removal of the case from state court had properly complied with the rule of unanimity.
See Minute Entry (Doc. No. 32). On February 8, 2019, the defendants jointly filed a
memorandum of law addressing this issue. See Joint Memorandum of Law in Support
of Defendants’ Notice of Removal (“Defs.’ Mem. on Removal”) (Doc. No. 34) at 1.
The plaintiffs have not filed opposition papers to the defendants’ Motions to
Dismiss, even though the defendants notified them of the pending Motions, as required
by Rule 12(a) of the Local Civil Rules of the United State District Court for the District of
Connecticut. See Notice to Self-Represented Litigant Concerning Motion to Dismiss
(Doc. Nos. 22, 24). The plaintiffs have, however, filed various other documents.
Specifically, on January 16, 2019, the plaintiffs filed a Motion for Summary Judgment
(Doc. No. 29). On March 11, 2019, they filed a document titled “Motion to Deny Notice
of Removal Based on Jurisdiction,” which document the court has interpreted as a
motion to remand the case to the Connecticut Superior Court. See Motion to Deny
Notice of Removal on Jurisdiction (“Pls.’ Mot. to Remand”) (Doc. No. 38). Finally, on
March 20, 2019, the plaintiffs submitted a Letter (Doc. No. 39) that largely repeated the
arguments set forth in their Motion for Summary Judgment.
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For the following reasons, the plaintiffs’ Motion to Remand is denied; the
defendants’ Motions to Dismiss for lack of subject matter jurisdiction are granted; and
the plaintiffs’ Motion for Summary Judgment is denied as moot.
II. BACKGROUND 1
S.G. is 14 years old and currently a 9th grade high school student in the Norwich
Public Schools (“NPS”). See Declaration of Jamie Bender (“Bender’s Decl.”) (Doc. No.
30) at ¶¶ 1, 3; Compl. at 6. Gibson is S.G.’s father. Bender’s Decl. at ¶ 1; Compl. at 5.
Dolliver is the NPS Superintendent, Bender is the NPS Director of Student Services and
Special Education, and Hamelett is a psychologist who was hired by the NPS to
evaluate S.G. in 2018. Bender’s Decl. at ¶ 1.
When S.G. was five years old, the NPS determined that she qualified for special
education services. Id. at ¶ 3. As a result, it created an Individualized Education
Program (“IEP”) for her. Id. In 2018, the NPS ordered a formal Risk Assessment of
S.G. in light of S.G.’s behavior at school. Id. at ¶ 4. The NPS also decided that, until
the Risk Assessment was completed, S.G. should not attend school, but should instead
receive 10 hours per week of homebound instruction. Id.
Although the Complaint in this case is difficult to decipher, all of the plaintiffs’
claims appear to stem from these 2018 changes to S.G.’s IEP. See Compl. at 5
(alleging that the defendants “have broken [the] law and code by not providing the
services [they] were hired to provide as part of the special education”). In particular, the
plaintiffs allege that S.G. has not received any special education since “being placed in
1 Because subject matter jurisdiction is contested in this case, the court will consider not only the
allegations in the Complaint, but also materials outside the pleadings, including the parties’ affidavits. See Romano v. Kazacos, 609 F.3d 512, 520 (2d Cir. 2010).
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home bound tutoring,” id.; that S.G. has been wrongfully separated from her high school
peers, id. at 6; and that, as a result, S.G. has experienced emotional distress, loss of
sleep, loss of productivity, pain and suffering, mental anguish, and feelings of distress,
anxiety, depression, and grief, id. at 17. The Complaint seeks money damages from
the defendants, alleging that they have violated a variety of state, federal, and
international laws, including the United Nations Declaration on the Rights of Indigenous
Peoples, id. at 12-13; the Thirteenth, Fourteenth, and Fifteenth Amendments of the
United States Constitution, id. at 6-7; and Connecticut laws on fraud, defamation,
malpractice, and intentional infliction of emotional distress. See id. at 8-10, 17-18.
III. STANDARD OF REVIEW
Under Federal Rule of Civil Procedure 12(b)(1), “[a] case is properly dismissed
for lack of subject matter jurisdiction . . . when the district court lacks the statutory or
constitutional power to adjudicate it.” Makarova v. United States, 201 F.3d 110, 113 (2d
Cir. 2000). The plaintiff bears the burden of proving the existence of subject matter
jurisdiction by a preponderance of the evidence. Id. In determining whether the plaintiff
has met this burden, “the court must take all facts alleged in the complaint as true and
draw all reasonable inferences in favor of [the] plaintiff.” Nat. Res. Def. Council v.
Johnson, 461 F.3d 164, 171 (2d Cir. 2006). In addition, a district court “may refer to
evidence outside the pleadings” when “resolving a motion to dismiss for lack of subject
matter jurisdiction under Rule 12(b)(1)[.]” Makarova, 201 F.3d at 113.
IV. DISCUSSION
The court will first address whether this case should be remanded to Connecticut
Superior Court. It will then address the defendants’ Motions to Dismiss and the
plaintiffs’ Motion for Summary Judgment.
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A. Remand
During an in-person status conference held on January 29, 2019, this court
raised the concern that removal of the case may have been improper because Hamelett
had not signed Dolliver and Bender’s Notice of Removal or filed a written notice of
consent to removal. See Defs.’ Mem. on Removal at 1.
Section 1446 of title 28 of the United States Code outlines the procedures for
removing a civil action from state court to federal court. See Teamsters Local 404
Health Servs. & Ins. Plan v. King Pharm., Inc., 906 F.3d 260, 266 (2d Cir. 2018). In
2011, that statute was amended to require that “all defendants who have been properly
joined and served must join in or consent to the removal of the action.” 28 U.S. §
1446(b)(2)(A). This amendment codified the well-established rule that removal requires
the unanimous consent of all defendants, also known as the rule of unanimity. See
Ortiz v. City of New York, No. 13 CIV. 136 JMF, 2013 WL 2413724, at *1 (S.D.N.Y.
June 4, 2013).
The statute did not address what form a consent to removal must take, see 28
U.S.C. § 1446(b)(2)(A) (providing merely that all defendants “must join in or consent to
the removal of the action”), and the Second Circuit has not addressed the question, see
Pietrangelo v. Alvas Corp., 686 F.3d 62, 66 (2d Cir. 2012); (“Although we have not yet
advised what form a consent to removal must take, we agree with the district court that
the remaining defendants must independently express their consent to removal.”);
Abdullah v. Erdner Bros, Inc., No. 3:14-CV-01742-VAB, 2015 WL 1190141, at *4 (D.
Conn. Mar. 16, 2015) (“The Second Circuit has not yet advised what form a consent to
removal must take[.]”) (internal quotation marks omitted). However, district courts in this
Circuit have generally required each defendant to “either sign the notice of removal or 5
subsequently provide the Court with their unambiguous written consent to removal
within [ ] thirty days [of receiving service of the initial pleading].” Metro. Transp. Auth. v.
U.S. Fid. & Guar. Co., No. 14 CIV. 9059 PAE, 2015 WL 1730067, at *4 (S.D.N.Y. Apr.
14, 2015) (collecting cases). Most of these district courts have also held that “it is
insufficient for a defendant who has not signed the removal petition to merely advise the
removing defendant that it consents to removal and that the removing defendant may
represent such consent to the Court on its behalf.” Id.; see also Bedminster Fin. Grp.,
Ltd. v. Umami Sustainable Seafood, Inc., No. 12 CIV. 5557 JPO, 2013 WL 1234958, at
*6 (S.D.N.Y. Mar. 26, 2013) (collecting cases); but see Doe v. Zucker, No.
117CV1005GTSCFH, 2018 WL 3520422, at *5 (N.D.N.Y. July 20, 2018) (concluding on
the basis of caselaw from other circuits that the rule of unanimity was satisfied when the
notice of removal represented that a non-signing defendant had consented to the
removal).
The defendants in this case acknowledge that Hamelett “did not sign the notice
of removal or file a notice of consent to removal until January 30, 2019.” See Defs.’
Mem. on Removal at 3. Instead, Hamelett merely advised Dolliver and Bender of her
consent to removal, and those two defendants, in turn, represented such consent to the
court. See id. The defendants also recognize that this form of consent does not satisfy
the rule of unanimity as set forth by “the great weight of judicial authority from the
District Courts in this jurisdiction[.]” Id. at 6. Nevertheless, the defendants argue that,
because the Second Circuit has not specified the form of consent required by section
1446, this court should consider adopting a more flexible approach to the unanimity
requirement. See id. at 6-9. In particular, the defendants note that the Eighth Circuit,
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among others, has held that this requirement is satisfied when one defendant
represents in his removal notice that his codefendants consent to the removal. 2 Id.
However, this court need not decide whether Hamelett’s representation of
consent satisfies the rule of unanimity because, even if her consent was defective, the
time period for remanding the case on the basis of such a defect has expired.
Specifically, section 1447(c) of title 28 of the United States Code provides:
A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.
The Second Circuit has interpreted this provision as prohibiting district courts from
remanding a case more than 30 days after removal, except when the basis for remand
is lack of subject matter jurisdiction. See Mitskovski v. Buffalo & Fort Erie Pub. Bridge
Auth., 435 F.3d 127, 131 (2d Cir. 2006); see also Siverls-Dunham v. Seung Huen Lee,
No. 05 CIV. 7518 (PKC), 2006 WL 510504, at *3 (S.D.N.Y. Feb. 27, 2006). Moreover,
courts in this Circuit have held that failure to comply with the rule of unanimity is a
procedural, rather than a jurisdictional, defect. See, e.g., Bank of Am. Nat. Ass'n v.
Derisme, No. 3:10CV900 MRK, 2010 WL 3211066, at *9 (D. Conn. Aug. 13, 2010)
(“Although the Second Circuit has apparently not commented on this specific issue,
other Courts of Appeals and district courts in this Circuit have held that a violation of the
rule of unanimity is, like an untimely removal notice, a procedural defect which may be
2 The court notes that “the circuits have split on this issue.” Griffioen v. Cedar Rapids & Iowa City
Ry. Co., 785 F.3d 1182, 1186 (8th Cir. 2015). While “[t]he Fourth, Sixth, and Ninth Circuits have held that a statement in one defendant’s timely removal notice that its codefendants consent is sufficient[,] [t]he Seventh and Fifth Circuits . . . have suggested that in most situations a defendant may not give notice of consent on another defendant’s behalf.” Id. (internal citations omitted).
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waived by the plaintiff.”) (collecting cases); Allstate Ins. Co. v. Zhigun, No. 03 CIV.
10302 (SHS), 2004 WL 187147, at *3 n.2 (S.D.N.Y. Jan. 30, 2004) (same); Flagler v.
Budget Rent A Car Sys., Inc., 538 F. Supp. 2d 557, 558 n.1 (E.D.N.Y. 2008) (same);
Johnson v. Adams, No. 914CV811GLSDEP, 2016 WL 1178754, at *2 (N.D.N.Y. Mar.
23, 2016) (same). Thus, because concerns about Hamelett’s consent were first raised
on January 29, 2019, well after the 30-day period for objecting to procedural defects
had expired, this court has no authority to remand the case to state court for failure to
comply with the rule of unanimity. Accordingly, the plaintiffs’ Motion to Deny Notice of
Removal on Jurisdiction (Doc. No. 38), construed as a motion to remand, is denied.
B. Motion to Dismiss
The defendants argue that any claims brought by S.G. must be dismissed
because, inter alia, S.G. is a minor who lacks capacity to sue on her own behalf. See
Memorandum of Law in Support of Motion to Dismiss Adversary Proceeding
(“Hamelett’s Mem.”) (Doc. No. 21-1) at 4-5; Dolliver & Bender’s Mem. at 1 n.1. As to
Gibson, the defendants argue, inter alia, that this court lacks subject matter jurisdiction
over any claims brought by him because he failed to exhaust his administrative
remedies under the Individuals with Disabilities in Education Act (“IDEA”), 20 U.S.C. §
1401, et seq. See Dolliver & Bender’s Mem. at 10-16. The court will address these
arguments in turn.
1. S.G.
Pursuant to Federal Rule of Civil Procedure 17(b), only individuals with capacity
to sue in state court may sue on their own behalf in federal court. See also Mulready v.
Mulready, No. CIV 306CV00934 AWT, 2007 WL 1791120, at *1 (D. Conn. June 16,
2007). In Connecticut, “[i]t is well established that a child may bring a civil action only
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by a guardian or next friend, whose responsibility it is to ensure that the interests of the
ward are well represented.” Orsi v. Senatore, 230 Conn. 459, 466–67 (1994) (internal
quotation marks omitted, emphasis added). Connecticut law defines a “minor” as a
person under 18 years of age. Conn. Gen. Stat. § 1-1d.
The record in this case shows that S.G. is 14 years old, and therefore a minor
under Connecticut law. See Bender’s Decl. at ¶ 3 (testifying that S.G. was 5 years old
in 2010). The plaintiffs do not dispute this fact. Thus, because S.G. does not have
capacity to sue in federal court, she is dismissed as a plaintiff in this action.
Furthermore, to the extent that the Complaint seeks to have Gibson bring claims
on behalf of S.G., his daughter, those claims must be dismissed because Gibson is a
pro se litigant. In the Second Circuit, it is well established that a non-attorney parent
may not bring an action on behalf of his child without representation by counsel. See
Berrios v. New York City Hous. Auth., 564 F.3d 130, 133 (2d Cir. 2009); Armatas v.
Maroulleti, 484 F. App'x 576, 577–78 (2d Cir. 2012). Thus, because the records of this
court do not show that Gibson is a member of the bar, and because Gibson does not
claim otherwise, the court dismisses all causes of action that Gibson seeks to assert on
behalf of S.G. or that S.G., a minor, seeks to assert on her own behalf.
2. Gibson
The defendants argue, inter alia, that this court lacks subject matter jurisdiction
over any claims that Gibson seeks to bring on his own behalf because Gibson failed to
exhaust the administrative remedies under the IDEA. See Dolliver & Bender’s Mem. at
11-16.
The IDEA is “a Spending Clause statute that seeks to ensure that all children
with disabilities have available to them a free appropriate public education.” Schaffer ex 9
rel. Schaffer v. Weast, 546 U.S. 49, 51 (2005) (internal quotation marks omitted). Under
this statutory scheme, “school districts must create an ‘individualized education
program’ (IEP) for each disabled child.” Id. (internal quotation marks omitted).
Specifically, “[s]tate educational authorities must identify and evaluate disabled children,
§§ 1414(a)-(c), develop an IEP for each one, § 1414(d)(2), and review every IEP at
least once a year, § 1414(d)(4)” Id. at 53. “Each IEP must include an assessment of
the child's current educational performance, must articulate measurable educational
goals, and must specify the nature of the special services that the school will provide.”
Id.
The IDEA also provides “a variety of procedural safeguards with respect to the
provision of free appropriate public education by school districts.” Lillbask ex rel.
Mauclaire v. State of Conn. Dep't of Educ., 397 F.3d 77, 81–82 (2d Cir. 2005) (internal
quotation marks omitted). Most relevant to this case, “[p]arents are [ ] entitled to
request a due process hearing in order to present complaints as to any matter relating
to the identification, evaluation, or educational placement of the child, or the provision of
a free appropriate public education.” Cave v. E. Meadow Union Free Sch. Dist., 514
F.3d 240, 245 (2d Cir. 2008) (internal quotation marks omitted). In response to such a
complaint, “a state or local hearing officer must conduct an impartial due process
hearing and render a decision.” Lillbask, 397 F.3d at 82. If a parent or guardian is
dissatisfied with that decision, he or she “may appeal to the State educational agency,
which in turn must conduct an impartial review.” Lillbask, 397 F.3d at 82 (internal
quotation marks omitted).
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Failure to exhaust the IDEA’s administrative remedies deprives the court of
subject matter jurisdiction over suits filed under the IDEA. Cave v. E. Meadow Union
Free Sch. Dist., 514 F.3d 240, 245 (2d Cir. 2008). Furthermore, even if a plaintiff does
not plead an IDEA violation, the IDEA exhaustion requirement will apply when the
plaintiff “assert[s] claims for relief available under the IDEA, regardless of the statutory
basis of [his] complaint[.]” L.K. v. Sewanhaka Cent. High Sch. Dist., 641 F. App'x 56, 57
(2d Cir. 2016) (quoting Cave, 514 F.3d at 245-46). As the Second Circuit has
explained, “[t]he purpose of the exhaustion rule is to channel disputes related to the
education of disabled children into an administrative process that could apply
administrators’ expertise in the area and promptly resolve grievances.” Cave, 514 F.3d
at 245-46. As a result, plaintiffs cannot sidestep the IDEA’s exhaustion requirement by
“cloak[ing] [their claims] in legal theories distinct from IDEA[.]” DiStiso v. Town of
Wolcott, 2006 WL 3355174 at *5 (D. Conn. Nov. 17, 2006).
Nor can they avoid the IDEA’s administrative procedures by bringing claims for
damages, even though such relief is not available under the IDEA itself. See Polera v.
Bd. of Educ. of Newburgh Enlarged City Sch. Dist., 288 F.3d 478, 486, 487-88 (2d Cir.
2002). The Second Circuit has held that “‘[r]elief available [under the IDEA] means
relief for the events, condition, or consequences of which the person complains, even if
not necessarily relief of the kind the person prefers.” Taylor v. Vermont Dep't of Educ.,
313 F.3d 768, 790 (2d Cir. 2002) (internal quotation marks and alterations omitted).
Thus, “if the ‘theory’ behind a claim relates to the ‘education of disabled children,’ IDEA
exhaustion is required,” even if the claim is pled under a different statute and even if it
seeks relief that is not available under the IDEA. L.K., 641 F. App'x at 57; see also
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Stropkay v. Garden City Union Free Sch. Dist., 593 F. App'x 37, 40 (2d Cir. 2014)
(“Where, as here, plaintiffs raise grievances related to the education of disabled
children, they are obligated to exhaust their administrative remedies before filing suit in
federal court[.]”) (internal quotation marks omitted).
While the IDEA’s exhaustion requirement is broad in scope, it is “not an inflexible
rule.” Murphy v. Arlington Cent. Sch. Dist. Bd. of Educ., 297 F.3d 195, 199 (2d Cir.
2002). The Second Circuit has identified three situations where exhaustion should be
excused, namely, where “(1) it would be futile to resort to the IDEA's due process
procedures; (2) an agency has adopted a policy or pursued a practice of general
applicability that is contrary to the law; or (3) it is improbable that adequate relief can be
obtained by pursuing administrative remedies.” Id. “The burden of proving the
applicability of one of these exceptions falls on the party seeking to avoid exhaustion.”
Id.
In this case, although Gibson does not plead a violation of the IDEA, all of his
claims rest on the core allegation that S.G. was provided inadequate special education
services. 3 See id. In particular, Gibson seeks to challenge the defendants’ decisions
concerning the educational placement of S.G. in homebound instruction and the quality
of education services provided to her through that instruction. See id. The IDEA,
however, affords a remedy for precisely these types of grievances. See 20 U.S.C. §
3 The court notes that, although Gibson cannot assert claims on behalf of S.G. because he is not
an attorney, see, supra, at 9, Gibson can prosecute IDEA claims on his own behalf. Winkelman ex rel. Winkelman v. Parma City Sch. Dist., 550 U.S. 516, 535 (2007). The Supreme Court has explained that the IDEA “creates in parents an independent stake not only in the procedures and costs implicated by this process but also in the substantive decisions to be made.” Id. at 531. As a result, parents have standing to pursue IDEA claims on their own behalf. E.M. v. New York City Dep't of Educ., 758 F.3d 442, 451 (2d Cir. 2014).
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1415(b)(6)(A) (allowing aggrieved parties to challenge any decision “relating to the
identification, evaluation, or educational placement of the child, or the provision of a free
appropriate public education to such child.”). As a result, the IDEA’s exhaustion
requirement applies to all of the claims raised in the Complaint. 4
Moreover, Gibson does not dispute that he did not request a due process
hearing, file a complaint with the relevant state or local agency, or otherwise seek
recourse from the administrative procedures established by the IDEA. Nor does Gibson
argue that he should be excused from exhausting administrative remedies. See
Murphy, 297 F.3d at 199 (identifying exceptions to the IDEA’s exhaustion requirement).
Indeed, none of Gibson’s submissions acknowledge, much less respond to, the
defendants’ arguments concerning exhaustion under the IDEA. As a result, Gibson has
not carried his burden of showing that this court has subject matter jurisdiction over his
causes of action. The Complaint is therefore dismissed in its entirely for lack of subject
matter jurisdiction.
V. CONCLUSION
For the foregoing reasons, the plaintiffs’ Motion to Deny Notice of Removal on
Jurisdiction (treated by the court as a motion to remand) (Doc. No. 38) is denied, and
the defendants’ Motions to Dismiss (Doc. Nos. 21, 26) are granted. As a result, the
plaintiffs’ Motion for Summary Judgment (Doc. No. 29) is denied as moot.
4 Indeed, even the plaintiffs’ allegations that the defendants committed “acts of slavery” arise out
of the defendants’ decisions regarding the identification, evaluation, and educational placement of S.O. See Compl. at 6 (asserting that the defendants have committed “acts of slavery” by placing S.O. “on a college campus away from her peers which [sic] are high school students” and by not providing her with “course work or studies from [sic] her level of schooling”). Thus, in addition to being frivolous and entirely unsupported by factual allegations, the plaintiffs’ Thirteenth Amendment claim is dismissed for failure to exhaust the IDEA’s administrative remedies.
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The Complaint is dismissed without prejudice. Gibson may file an Amended
Complaint within thirty days of the date of this Ruling if he can show that he either (1)
properly exhausted the administrative remedies under the IDEA, or (2) qualifies for one
of the exceptions to the IDEA exhaustion requirement.
If Gibson wishes to pursue claims on behalf of S.G., he must retain counsel and
said counsel must file an appearance in this case within thirty days of the date of this
Ruling. If Gibson is unable to retain counsel, he may file a motion for appointment of
counsel within thirty days of the date of this Ruling. However, the court reminds Gibson
that such a motion will only be granted if this court determines that “the appointment will
serve the interests of justice based upon factors such as (a) a party’s apparent ability or
inability to afford legal counsel, (b) the likelihood that counsel may be secured under
alternative fee arrangements, and (c) the apparent merit of the party’s claims or
defenses.” D. Conn. L. R. 83.10(c)(1).
SO ORDERED.
Dated at New Haven, Connecticut this 1st day of April, 2019.
/s/ Janet C. Hall__________ Janet C. Hall United States District Judge
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