On September 30, 2026, U.S. District Judge Dale E. Ho issued a groundbreaking decision denying New York City’s motion for summary judgment seeking dismissal of key claims in a lawsuit arising from the sexual abuse of two young girls by an after school teacher at their New York City public school. The abuse occurred over the course of more than two school years and summers, and included skin-to-skin genital touching, production of pornography on school grounds, other inappropriate touching and grooming behaviors. The abuser, Miles McNeal has since pleaded guilty to course of sexual conduct against a child and is currently incarcerated.

Plaintiffs brought claims against the City and the New York City Department of Education (DOE), alleging that key actors in the DOE and Department of Youth and Community Development (DYCD) knew of McNeal’s propensity to abuse children and did nothing to protect the children in their care, in violation of federal, state, and City law, and that plaintiffs AA and DD were repeatedly sexually abused as a result. In light of this recent decision, all claims against the City and the Department of Education (DOE) will now proceed to a jury trial.

The decision summarizes extensive evidence that DOE staff was aware of McNeal’s propensity to abuse children and acted with deliberate indifference. The decision catalogues evidence that DOE staff witnessed the teacher, Miles McNeal, removing the girls from class and engaging in inappropriate physical contact with them. When staff informed Principal Andrea Woodhouse-Spence and Assistant Principal Meredith Flynn about McNeal forcing one of the girls to sit on his lap in an unused classroom, Principal Spence and Assistant Principal Flynn did not notify the parents, contact law enforcement, or otherwise comply with DOE policy.

In denying summary judgment, Judge Ho rejected the City Defendants’ attempt to dismiss the plaintiffs’ Title IX claims. Specifically, the Court concluded that the lap sitting incident put “Principal Spence and Assistant Principal Flynn on sufficient notice of the substantial risk of abuse like that underlying the present suit.”

The Court also found sufficient evidence for a jury to determine that the City exercised substantial authority over the after school program where the abuse occurred, holding that “there is enough evidence in the record to allow a reasonable factfinder to find that DOE and DYCD exercised substantial control over both McNeal and the context of his harassment.”

Judge Ho also ruled that the plaintiffs’ negligence claims should proceed to trial, finding sufficient evidence from which a jury could conclude “DOE had at least constructive notice of McNeal’s propensities after he had been hired, even before the” lap sitting incident.

By allowing the Title IX and negligence claims to proceed, the Court recognized that a jury could reasonably conclude that school officials and City agencies had warning signs and notice of misconduct and failed to take appropriate steps to protect the two young girls from abuse.

The plaintiffs are represented by ECBAWM attorneys Zoe Salzman, Richard Emery, Laura Kokotailo, Maggie Turner, as well as ECBAWM paralegal Carlos Martinez Montes.