Miltenberg, Gorycki: Connecticut District Court Denies Private School’s Motion To Dismiss, Finding Claims Are Not Barred By Gupta

In Doe v. Indian Mountain School, a case brought by Nesenoff & Miltenberg LLP on behalf of the mother of minor student “John Doe,” concerning an alleged pattern of bullying, harassment, discrimination and retaliation which resulted in Doe’s forced withdrawal from school, Judge Victor A. Bolden denied the Defendants’ motion to dismiss in its entirety, including tort claims alleged against two of the school’s top administrators at the time of the events in question. In denying the motion, the Court rejected the defendants’ argument that, at the pleading stage, each claim was barred by the Connecticut Supreme Court’s decision in Gupta v. New Britain General Hospital, 687 A.2d 111 (Conn. 1996), which prohibits educational malpractice claims. Nesenoff & Miltenberg, LLP Partner Kara L. Gorycki represents Doe and his mother in the pending litigation.