RINK v. NORTHEASTERN EDUCATIONAL INTERMEDIATE UNIT 19, 3:14-CV-02154. (2015)
Court: District Court, M.D. Pennsylvania
Number: infdco20151216e57
Visitors: 2
Filed: Dec. 15, 2015
Latest Update: Dec. 15, 2015
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 15 th DAY OF DECEMBER, 2015, IT IS HEREBY ORDERED THAT: 1. Defendants' Motion to Dismiss (Doc. 19) is GRANTED IN PART AND DENIED IN PART, as follows: a. The Motion is DENIED with respect to Counts I, III, and IV. b. The Motion is GRANTED with respect to Count II. Count II is DISMISSED WITH LEAVE TO AMEND. c. The Motion is DENIED with respect to qualified immunity, WITHOUT PREJUDICE to Defendants' right to reassert
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 15 th DAY OF DECEMBER, 2015, IT IS HEREBY ORDERED THAT: 1. Defendants' Motion to Dismiss (Doc. 19) is GRANTED IN PART AND DENIED IN PART, as follows: a. The Motion is DENIED with respect to Counts I, III, and IV. b. The Motion is GRANTED with respect to Count II. Count II is DISMISSED WITH LEAVE TO AMEND. c. The Motion is DENIED with respect to qualified immunity, WITHOUT PREJUDICE to Defendants' right to reassert ..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, THIS 15th DAY OF DECEMBER, 2015, IT IS HEREBY ORDERED THAT:
1. Defendants' Motion to Dismiss (Doc. 19) is GRANTED IN PART AND DENIED IN PART, as follows:
a. The Motion is DENIED with respect to Counts I, III, and IV.
b. The Motion is GRANTED with respect to Count II. Count II is DISMISSED WITH LEAVE TO AMEND.
c. The Motion is DENIED with respect to qualified immunity, WITHOUT PREJUDICE to Defendants' right to reassert their claim for qualified immunity at an appropriate time.
d. The Motion is DENIED with respect to the demands for punitive damages in Counts I-III against the individual Defendants.
e. The Motion is GRANTED with respect to the demands for punitive damages in Counts I-III against Defendant NEIU. The punitive damage demands in Counts I-III are STRICKEN as against Defendant NEIU only.
f. The Motion is GRANTED with respect to the Official Capacity claims against the individual Defendants. All Official Capacity claims against he individual Defendants are DISMISSED WITHOUT LEAVE TO AMEND.
g. The Molion is DENIED with respect to the Individual Capacity claims against the individual Defendants.
h. The Motion is DENIED with respect to the demand for Attorneys' Fees in Count IV.
2. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order to submit an Amended Complaint that corrects the defects for which leave to amend was granted in the Court's accompanying Memorandum Opinion.
Source: Leagle
