South Kingstown School Committee v. S.

Filing 22

MEMORANDUM AND ORDER adopting 19 Report and Recommendations: granting Plaintiff's 11 Motion for Summary Judgment; denying Defendant's 13 Motion for Summary Judgment. So Ordered by Judge Mary M. Lisi on 1/14/2014. (Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

SOUTH KINGSTOWN
SCHOOL COMMITTEE
v.

CA 13-127 ML

JOANNA S., as Parent

MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Objection to a Report and
Recommendation issued by Magistrate Judge Sullivan on September 19, 2013 (Docket # 19).
The Magistrate Judge recommends that this Court grant Plaintiff’s Motion for Summary
Judgment and deny Defendant’s cross Motion for Summary Judgment.
This case is in a somewhat unusual procedural posture for an appeal from an Administrative
Decision of an Impartial Due Process Hearing Officer pursuant to 20 U.S.C. § 1400, et seq. in that
the parties to the instant action had, prior to the filing of this matter, entered into a Settlement
Agreement. That Settlement Agreement resolved the claims made by Plaintiff which were the
subject of the First Due Process Proceeding. Those claims, as the Magistrate Judge correctly found,
are identical to those Plaintiff is attempting to re-litigate in this proceeding. This Court agrees with
the Magistrate Judge’s conclusion that the Settlement Agreement is enforceable, and thus it
precludes the claims Plaintiff advanced in the Second Due Process hearing. Thus, the hearing
officer erred in granting the relief sought by Plaintiff in that proceeding.

For these reasons, this Court adopts the recommendation of the Magistrate Judge. Plaintiff’s
Motion for Summary Judgment (Docket #11) is GRANTED. Defendant’s Motion for Summary
Judgment (Docket #13) is DENIED.
The Clerk is directed to enter judgment in favor of Plaintiff.
SO ORDERED:

/s/ Mary M. Lisi
United States District Judge
January 14, 2014