1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 C. H., Case No. 21-cv-00196-EMC

8 Plaintiff,

ORDER GRANTING PLAINTIFF’S

9 v. MOTION FOR APPROVAL OF

MINOR’S COMPROMISE

10 BRENTWOOD UNION SCHOOL DISTRICT, et al., Docket No. 53 11 Defendants. 12 13 14 Plaintiff C.H., a minor, alleges that his substitute science teacher dragged him across a 15 classroom by his hoodie when he was standing in a group of students chatting. The teacher 16 allegedly targeted him based on his race as the only African American student in the group. The 17 parties have reached a settlement after mediation. Pending before this Court is C.H.’s unopposed 18 motion for an order approving the agreed-upon settlement under Fed. R. Civ. P. 17(c). For the 19 reasons articulated at the hearing and below, the Court approves the settlement. 20 I. FACTUAL BACKGROUND1 21 On September 16, 2019, C.H was in his seventh-grade science class, standing in the 22 classroom and talking with a group of approximately four classmates while waiting for the bell to 23 ring. (Docket No. 24 (“FAC”) at ¶ 5.) Other students in the class were also standing up chatting. 24 (Id.) C.H. was wearing a sweatshirt, as were some other students in the class, including a White 25 male student whom C.H. was standing next to and speaking to. (Id. at ¶ 6.) C.H. was the only 26 African American student among that group. (Id.) 27 1 Defendant Valerie Harrison was the substitute teacher for the class that day. (Id. at ¶ 7.) 2 According to the complaint, Harrison walked behind where C.H. was standing, roughly grabbed 3 him by the hood of his sweatshirt, pulled forcefully, and dragged him by his hood backward to his 4 seat, all without warning and in front of all C.H.’s classmates. (Id.) While being dragged, C.H. 5 told Harrison that the hood and hoodie zipper were choking him and that he was having trouble 6 breathing. (Id.) Harrison allegedly ignored C.H.’s pleas, continued dragging him to his seat, and 7 physically forced him down onto his seat. (Id.) As a result, the hoodie zipper scratched C.H.’s 8 neck. (Id. at ¶ 9.) C.H. was terrified and shocked by the unprovoked physical assault. (Id. at ¶ 9 10.) 10 After learning about the incident, C.H.’s mother called his school’s Vice Principal and left 11 a voicemail, but she did not receive a call back. (Id. at ¶ 11.) C.H. attended Harrison’s class in the 12 following days, fearful and anxious. (Id.) Four days after the incident, C.H.’s mother spoke to the 13 Vice Principal who contacted the school’s Resource Officer and reported the assault for the first 14 time. (Id. at ¶ 12.) 15 II. PROCEDURAL BACKGROUND 16 C.H. brought this action against Harrison and his school district (the “District”) in January 17 2021. (Docket No. 1.) After defendants’ motions to dismiss, five claims survived, including two 18 claims under 42 U.S.C. § 1983 against Harrison, claims for battery, intentional infliction of 19 emotional distress, and negligence against both defendants. (Docket Nos. 23, 32.) 20 After a full day mediation, the parties reached a settlement in the amount of $75,000, plus 21 reimbursement of C.H.’s share of the cost of mediation ($4,707.68). (Docket No. 53-1 (“Coll 22 Decl.”) at ¶ 2.) Out of the $75,000, C.H. and his counsel are to receive $40,000 and $21,295.78, 23 respectively. (Id.) The remaining goes to costs, including expert, deposition, and other costs. 24 (Id.) 25 III. ANALYSIS 26 “District courts have a special duty, derived from Federal Rule of Civil Procedure 17(c), to 27 safeguard the interests of litigants who are minors.” Robidoux v. Rosengren, 638 F.3d 1177, 1181 1 special duty requires a district court to conduct its own inquiry to determine whether the 2 settlement serves the best interests of the minor.” Id. (internal quotation marks and quotation 3 omitted). “So long as the net recovery to each minor plaintiff is fair and reasonable in light of 4 their claims and average recovery in similar cases, the district court should approve the settlement 5 as proposed by the parties.” Id. at 1182. 6 C.H.’s net recovery of $40,000 is fair and reasonable for this one-time incident that caused 7 him emotional distress and left an abrasion on his neck from the hoodie zipper, especially in light 8 of the average recovery in similar cases. See, e.g., J.K. v. Gold Trail Union Sch. Dist., No. 2:20- 9 cv-02388-MCE-AC, 2022 U.S. Dist. LEXIS 121686, at *4 (E.D. Cal. Jul. 8, 2022) ($28,456.50 to 10 minor whose school district failed to protect from racial discrimination at school); Ramos v. San 11 Jose Unified Sch. Dist., No. 5:17-cv-07202-EJD, 2019 U.S. Dist. LEXIS 29706, at *4-6 (N.D. Cal. 12 Feb. 22, 2019) (a one-time deposit of $15,000 plus $70,450 for a settlement annuity over 5 years 13 for a non-verbal disable minor dragged across floor by school aide); M.D. v. Rosedale Union Sch. 14 Dist., 2009 U.S. Dist. LEXIS 41118, at *2-4 (E.D. Cal. May 13, 2009) ($9,999.00 compromise for 15 minor who was verbally and physically beaten at school by other students based on her gender and 16 perceived sexual orientation); Walden v. Moffet, No. CV-F-04-6680 LJO DLB, 2007 U.S. Dist. 17 LEXIS 71490, at *2 (E.D. Cal. Sept. 26, 2007) ($13,349 to minor subjected to various racial and 18 religious discrimination in 42 U.S.C. § 1983 action). Approving the settlement would allow C.H. 19 to move forward with his life. C.H. and his mother, who is his guardian ad litem, agree that the 20 court should approve the settlement. (Coll Decl. at ¶ 3.) Although not essential to the analysis, 21 the Court notes that the attorney fee portion of the total settlement amount is proportionately in 22 line with the contingency percentage typically charged by attorneys. 23 IV. CONCLUSION 24 The Court GRANTS C.H.’s motion and approve the proposed settlement. Defendants 25 shall prepare and deliver the settlement fund proceeds within thirty days from the date of service 26 of this Order. $40,000.00 shall be deposited into a blocked account in the name of the minor 27 plaintiff within twenty-one days of receiving the settlement funds. 1 This order disposes of Docket No. 53. The Clerk of the Court is instructed to close the 2 case. 3 4 IT IS SO ORDERED. 5 6 Dated: February 28, 2023 7 8 ______________________________________

EDWARD M. CHEN

9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27