DONOVAN v. PITTSTON AREA SCHOOL DISTRICT, 3:14-1657. (2015)
Court: District Court, M.D. Pennsylvania
Number: infdco20150618b39
Visitors: 17
Filed: Jun. 17, 2015
Latest Update: Jun. 17, 2015
Summary: ORDER MALACHY E. MANNION , District Judge . In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT defendants' motion to dismiss, (Doc. 11 ), is GRANTED IN PART and DENIED IN PART. Counts I and III of plaintiff's amended complaint, (Doc. 9 ), are DISMISSED WITHOUT PREJUDICE for failure to exhaust statutory remedies. Plaintiff's 14 th Amendment substantive due process claim in Count II is DISMISSED WITH PREJUDICE. Plaintiff's constitutional claim against PAS
Summary: ORDER MALACHY E. MANNION , District Judge . In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT defendants' motion to dismiss, (Doc. 11 ), is GRANTED IN PART and DENIED IN PART. Counts I and III of plaintiff's amended complaint, (Doc. 9 ), are DISMISSED WITHOUT PREJUDICE for failure to exhaust statutory remedies. Plaintiff's 14 th Amendment substantive due process claim in Count II is DISMISSED WITH PREJUDICE. Plaintiff's constitutional claim against PASD..
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ORDER
MALACHY E. MANNION, District Judge.
In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT defendants' motion to dismiss, (Doc. 11), is GRANTED IN PART and DENIED IN PART. Counts I and III of plaintiff's amended complaint, (Doc. 9), are DISMISSED WITHOUT PREJUDICE for failure to exhaust statutory remedies. Plaintiff's 14th Amendment substantive due process claim in Count II is DISMISSED WITH PREJUDICE. Plaintiff's constitutional claim against PASD is DISMISSED WITHOUT PREJUDICE to file a second amended complaint to properly state a procedural due process claim against this defendant under Monell. Plaintiff is directed to file her second amended complaint only to correct her defect as to PASD in Count II within 15 days of the date of this Order. Plaintiff's claims against the five board of education members in their official capacity are DISMISSED WITH PREJUDICE. Plaintiff's 14th Amendment procedural due process claim in Count II is PERMITTED TO PROCEED as against the five board of education members in their individual capacity. Plaintiff's claim for punitive damages in Count II against the five board members in their individual capacity is PERMITTED TO PROCEED. Plaintiff's claim for attorneys' fees in Count II is PERMITTED TO PROCEED.
Source: Leagle
