BLUE v. DISTRICT OF COLUMBIA
AYANNA BLUE, Plaintiff,v.DISTRICT OF COLUMBIA, et al., Defendants.
Civil Action No. 10-1504 (JEB).
United States District Court, District of Columbia.
March 8, 2012.
AYANNA BLUE, Plaintiff, represented by Scott D. Gilbert, GILBERT RANDOLPH LLP, Stephen Adam Weisbrod, WEISBROD MATTEIS & COPLEY, PLLC & Natalie A. Baughman, GILBERT, LLP.
DISTRICT OF COLUMBIA PUBLIC SCHOOLS, Defendant, represented by Denise J. Baker, Office of the Attorney General for District of Columbia, Robert A. DeBerardinis, Jr., D.C. OFFICE OF THE ATTORNEY GENERAL, Ronald William Gill, OFFICE OF ATTORNEY GENERAL & Erica Taylor McKinley, ATTORNEY GENERAL'S OFFICE FOR THE DISTRICT OF COLUMBIA.
MICHELLE RHEE, in her capacity as Chancellor, Defendant, represented by Denise J. Baker, Office of the Attorney General for District of Columbia, Robert A. DeBerardinis, Jr., D.C. OFFICE OF THE ATTORNEY GENERAL, Ronald William Gill, OFFICE OF ATTORNEY GENERAL & Erica Taylor McKinley, ATTORNEY GENERAL'S OFFICE FOR THE DISTRICT OF COLUMBIA.
ROBERT WEISMILLER, Defendant, Pro Se.
DISTRICT OF COLUMBIA, Defendant, represented by Denise J. Baker, Office of the Attorney General for District of Columbia, Robert A. DeBerardinis, Jr., D.C. OFFICE OF THE ATTORNEY GENERAL, Ronald William Gill, OFFICE OF ATTORNEY GENERAL & Erica Taylor McKinley, ATTORNEY GENERAL'S OFFICE FOR THE DISTRICT OF COLUMBIA.
MEMORANDUM OPINION
JAMES E. BOASBERG, District Judge.
Plaintiff Ayanna Blue was an 18-year-old student at the Transition Academy at Shadd, a school within the District of Columbia Public Schools (DCPS) for emotionally disturbed students, when she became involved in a sexual relationship with her teacher, Robert Weismiller. That relationship forms the basis of Plaintiff's current suit, in which she brings myriad federal and state causes of action against Weismiller as well as the District of Columbia, DCPS, and former DCPS Chancellor Michelle Rhee. The last three, collectively referred to as the "District Defendants," have now filed a Motion to Dismiss. As Plaintiff's federal claims are all legally deficient, and as her state-law claims are barred by her failure to provide timely notice to the District, the Court will grant the Motion. The case may proceed against Weismiller alone.
I. Background
In her Second Amended Complaint, Plaintiff alleges that while she was a student in his class, Weismiller, then a DCPS teacher, initiated and engaged in a sexual relationship with her from November 2008 to April 2009. Sec. Am. Compl., ¶¶ 19-20. During this time, Plaintiff became pregnant and in late 2009 gave birth to Weismiller's daughter. Id., ¶ 21. In May 2009, DCPS officials