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  5. Fiedler v. Stroudsburg Area School District, 3:19-CV-0983. (2019)

Fiedler v. Stroudsburg Area School District, 3:19-CV-0983. (2019)

Court: District Court, M.D. Pennsylvania Number: infdco20191210f63 Visitors: 11
Filed: Dec. 09, 2019
Latest Update: Dec. 09, 2019
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW , this 6th day of December, 2019, IT IS HEREBY ORDERED that: (1) The Motion to Dismiss (Doc. 9) filed by Defendants Stroudsburg Area School District, John A. Toleno, Ryan Cron, and Joanna Kovacs is GRANTED in part and DENIED in part as follows: (A) The claims against Toleno, Cron, and Kovacs in their official capacities are DISMISSED with prejudice . (B) The claims in Counts V, VI, and VII are DISMISSED as redundant. (C) The Equal Pr
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ORDER

NOW, this 6th day of December, 2019, IT IS HEREBY ORDERED that:

(1) The Motion to Dismiss (Doc. 9) filed by Defendants Stroudsburg Area School District, John A. Toleno, Ryan Cron, and Joanna Kovacs is GRANTED in part and DENIED in part as follows: (A) The claims against Toleno, Cron, and Kovacs in their official capacities are DISMISSED with prejudice. (B) The claims in Counts V, VI, and VII are DISMISSED as redundant. (C) The Equal Protection Clause claim (Count XI) is DISMISSED with prejudice. (D) The Human Dignity claim (Count I) is DISMISSED with prejudice. (E) The Injury to Bodily Integrity claim (Count II) is DISMISSED with prejudice as duplicative of Count III. (F) The State-Created Danger claim (Count III) against the District, Toleno, and Cron is DISMISSED without prejudice. (G) The procedural due process property interest in education claim (Count IX) is DISMISSED without prejudice. (H) The claims for violation of the Pennsylvania Constitution Article I, Section I (Counts IV & VIII) are DISMISSED with prejudice. (I) The Rehabilitation Act and Americans with Disabilities Act claim (Count X) is DISMISSED without prejudice. (J) The Motion to Dismiss is DENIED in all other respects. (2) Plaintiff has twenty-one (21) days to file an amended complaint to properly state her substantive due process claim against the District, Toleno, and Cron, her procedural due process claim, and her Rehabilitation Act/Americans with Disabilities Act claim. Failure to file an amended complaint within this time will result in the dismissal of these claims with prejudice.
Source:  Leagle
Lawyers who claimed
No Lawyers
Citations
3:19-CV-0983.
Counsels
  • David W. Saba
  • Harry T. Coleman
  • Michele J. Mintz
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