On June 9, 2022, one of Samuels' students "threw a hard ball that hit Samuels in the head, causing a concussion." Upon being struck, Samuels immediately reported the incident and her injuries to Defendants. Although Noah [the school's founding principal] "instructed Samuels to not give the police any information about the student who had assaulted her," she nonetheless began reporting the incident to the police. Samuels asserts that Noah then physically confronted her, "approach[ing] her within a few inches of her face … and angrily ask[ing] if she really wanted to get a kid involved in the criminal justice system." In response to Noah's alleged "attempt[ ] to prevent her from reporting the incident," Samuels "objected" and continued to report the incident to the police officers present. Soon after, Samuels left Urban Assembly in an ambulance and the school "disabled her school email and system access."
After being transported to the emergency room, Samuels was allegedly "diagnosed with a head injury, neck pain, and concussion." Her symptoms included blurred vision, which prevented her from "read[ing] from her phone or computer screen" and restricted her ability "to operate a car or navigate public transportation." For example, Samuels was "unable to drive herself to the hospital for a PET scan the day following her injuries." She also says that she experienced "severe, persistent head and neck pain," which "impacted her ability to bend her neck and rotate her head," including "even minor head and neck movements." Her head and neck pain also "impacted her ability to sleep, … read, concentrate, and think."
A day later, on June 10, 2022, Noah messaged Samuels: "I [h]ope your head is feeling better. I assume you're not coming in so you can recuperate." Samuels responded as follows: "After being as[s]aulted on campus I sought medical care, and was discharged this evening to recuperate. Please see the attached physician letter excusing me from work for ten days. This includes not being able to participate in tomorrow's Algebra 1 Regents Prep session." The email included an attached doctor's note from Malcolm Johnson MD, stating that "Melissa Samuels was seen and treated in our emergency department on 6/10/2022. Please excuse the absence. She may return to work on 6/21/2022. If you have any questions or concerns, please don't hesitate to call."
The next morning, on June 11, 2022, Noah sent Samuels a reply email:
You were not assaulted. [A student] accidently hit you with a nerf ball while he was throwing it at [another student] in a raucous classroom…. [I]t was an accident, it was a nerf ball, and he is a child in a school. It's one thing for him to face consequences or for you to ask to be moved out of the advisory. It's entirely another to make what I believe is a bad faith assault claim…. Your account was temporarily disabled because I was sincerely afraid that you were sharing a student's personal information without parental consent or cause[.] … I'm not sure why you are doing this, but if it's just to avoid coming to work, let's please talk…. I suggest a virtual meeting to come to a shared understanding about next steps[.] … In the unlikely event you are unable to meet until the 21st, please plan on meeting in my office at 8:15.
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