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Marriott v. USD 204

United States District Court, D. Kansas

September 8, 2017

ROB MARRIOTT, et al., Plaintiffs,
v.
USD 204, BONNER SPRINGS-EDWARDSVILLE, et al., Defendants.

          MEMORANDUM AND ORDER

          CARLOS MURGUIA, UNITED STATES DISTRICT JUDGE

         Plaintiff Rob Marriott, along with his wife Dawn Marriott and their son B.M., a minor, bring this suit against defendants USD 204 Bonner Springs-Edwardsville, and USD 204 administrators Robert J. Van Maren, Kristi Hoffine, Jerry Abbott, and Joe Hornback. Plaintiffs are pursuing a variety of state and federal claims all related to defendants' alleged installation of a secret video camera in Rob Marriott's classroom. This matter is currently before the court on defendants' Motion to Dismiss (Doc. 8). Defendants argue plaintiffs have failed to state a claim because they had no reasonable expectation of privacy in a public school classroom, and that defendants are entitled to qualified immunity. For the reasons stated below, the court grants defendants' motion.

         I. Background

         The following facts are summarized from those set forth in plaintiffs' complaint. Plaintiff Rob Marriott was employed by USD 204 as a science teacher and track and cross country coach at Bonner Springs High School from 2007-2015. During his tenure at Bonner Springs High School, defendant Robert Van Maren was superintendent of USD 204, defendant Kristi Hoffine was employed as the Directory of Secondary Instruction, and defendants Jerry Abbott and Joe Hornback both, at separate times during Rob Marriott's tenure, served as principal of Bonner Springs High School.

         Rob Marriott resigned from Bonner Springs High School in 2015 and accepted a position at Leavenworth High School. In early 2016, Rob Marriott learned that in 2009, USD 204 IT staff had installed a camera in his science classroom and that Bonner Springs administrators had been secretly taping him throughout his tenure at Bonner Springs High School. Rob Marriott alleges that the camera was secretly installed at the direction of defendant Van Maren and defendant Hoffine because Van Maren's son and Hoffine's daughter were students in his classroom during the 2008-2009 school year.

         Rob Marriott is married to plaintiff Dawn Marriott and they have a son, B.M. Throughout Rob Marriott's employment at Bonner Springs High School, he, Dawn Marriott and B.M. used the classroom to change their clothes for after-school activities. Rob Marriott alleges that whenever he or his family used his classroom to change, he would always lock and secure the door to ensure privacy.

         Upon discovery of the alleged secret camera, plaintiffs filed this suit in Wyandotte County District Court asserting the following causes of action:

1) Intrusion Upon Seclusion Invasion of Privacy
2) Negligence
3) Negligent Supervision of Employees (Defendant USD 204)
4) Negligent Supervision of a Child
5) Negligent Infliction of Emotional Distress
6) Intentional Infliction of Emotional Distress
7) Section 1983 Deprivation of Constitutional Rights Privacy ...

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