M.U. v. DOWNINGTOWN HIGH SCHOOL EAST, 14-04877. (2015)
Court: District Court, E.D. Pennsylvania
Number: infdco20150428d06
Visitors: 2
Filed: Apr. 27, 2015
Latest Update: Apr. 27, 2015
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW, this 27th day of April, 2015, upon consideration of the Motion to Dismiss filed by Defendants Downingtown High School East, Downingtown Area School District, Lawrence Mussoline, and Craig Reed in his capacity as an employee of Downingtown Area School District (Doc. No. 19); the Motion to Dismiss filed by Total Soccer, LLC and Craig Reed in his capacity as an agent of Total Soccer, LLC (Doc. No. 18); all briefing in support of or oppositi
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW, this 27th day of April, 2015, upon consideration of the Motion to Dismiss filed by Defendants Downingtown High School East, Downingtown Area School District, Lawrence Mussoline, and Craig Reed in his capacity as an employee of Downingtown Area School District (Doc. No. 19); the Motion to Dismiss filed by Total Soccer, LLC and Craig Reed in his capacity as an agent of Total Soccer, LLC (Doc. No. 18); all briefing in support of or oppositio..
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ORDER
GERALD J. PAPPERT, District Judge.
AND NOW, this 27th day of April, 2015, upon consideration of the Motion to Dismiss filed by Defendants Downingtown High School East, Downingtown Area School District, Lawrence Mussoline, and Craig Reed in his capacity as an employee of Downingtown Area School District (Doc. No. 19); the Motion to Dismiss filed by Total Soccer, LLC and Craig Reed in his capacity as an agent of Total Soccer, LLC (Doc. No. 18); all briefing in support of or opposition to those Motions (Doc. Nos. 20-22, 25); the parties' briefing on whether the Amended Complaint states a claim upon which relief can be granted under the state-created danger theory of § 1983 liability (Doc. Nos. 28, 29); and the parties' positions at oral argument, it is ORDERED that:
1. Count One of the Amended Complaint is DISMISSED WITHOUT PREJUDICE;
2. The School District Defendants' Motion (Doc. No. 19) is GRANTED; Count One of the Amended Complaint is DISMISSED WITH PREJUDICE with respect to Lawrence Mussoline; Count Two of the Amended Complaint is DISMISSED WITH PREJUDICE with respect to Downingtown High School East, Downingtown Area School District, Craig Reed in his capacity as an employee of Downingtown Area School District, and Craig Reed in his individual capacity; Count Three of the Amended Complaint is DISMISSED WITH PREJUDICE with respect to Craig Reed in his capacity as an employee of Downingtown Area School District and in his individual capacity;
3. Total Soccer, LLC's Motion (Doc. No. 18) is GRANTED; Counts Two and Three of the Amended Complaint are DISMISSED WITHOUT PREJUDICE with respect to Total Soccer, LLC and Craig Reed in his capacity as an agent of Total Soccer, LLC;
4. Count Four of the Amended Complaint is DISMISSED WITHOUT PREJUDICE;
5. Plaintiffs are granted leave to file a Second Amended Complaint, consistent with this Order, on or before May 18, 2015.
Source: Leagle
