Second Circuit – Parens Patriae:New York v. Niagara-Wheatfield Central School District

United States Court of Appeals for the Second Circuit

Parens Patriae — Substantial-segment — Enforced policy or practice

New York v. Niagara-Wheatfield Central School District

22-2178-cv

Judges Cabranes, Sack, and Merriam

Background: At issue is what a state bringing suit in federal court must show to establish standing in parens patriae. The state filed suit against the defendant for its official’s alleged failure to address repeated complaints of student-on-student sexual assault, sexual harassment, and gender-based violence and bullying. The district court dismissed the case on the basis that the incidents were factually distinct from one another, thus the state had not shown that the defendant’s failure to act in those instances constituted a broader policy or practice of discriminating against student victims of gender-based violence and harassment.

Ruling: The Second Circuit reversed. The court held that showing an injurious policy or practice enforced against a target population is not necessary to satisfy the substantial-segment prong of the parens patriae standard.

Alexandria Twinem, of the New York Attorney General, for the appellant; Daniel R. LeCours, of Harris Beach, for the appellee.

Oral argument audio