Jackson et al v. Pine Bluff School District et al
ORDER approving and adopting in its entirety as the Court's findings in all respects 35 the Recommended Disposition; and granting in part and denying in part 10 Defendant Arkansas Department of Education and Defendant Johnny Key's Motion to Dismiss. Signed by Judge James M. Moody Jr. on 5/25/2017. (kdr)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JIMMY and LORETTA JACKSON,
Individually and as Parents
and Next Friends of D
PINE BLUFF SCHOOL DISTRICT, et al.
The Court has reviewed the Recommended Partial Disposition submitted by United States
Magistrate Judge J. Thomas Ray (Docket No. 35). No objections have been filed. After careful
consideration, the Court concludes that the Recommended Partial Disposition should be, and
hereby is, approved and adopted in its entirety as this Court=s findings in all respects.
IT IS THEREFORE ORDERED THAT the Motion to Dismiss filed by Defendant
Arkansas Department of Education and Defendant Johnny Key, (Document No. 10), is GRANTED
in part and DENIED in part as follows:
Plaintiffs= IDEA claims against Defendant Key are DISMISSED, WITH
PREJUDICE, for failing to state a claim for relief; their IDEA claims against Defendant
ADE, based on events occurring prior to August 7, 2013, are DISMISSED, WITH
PREJUDICE, as barred by the statute of limitations; and their IDEA claims against
Defendant ADE are allowed to PROCEED in all other respects.
Plaintiffs= ' 1983 claims against Defendant ADE are DISMISSED, WITH
PREJUDICE, as barred by the Eleventh Amendment; and their ' 1983 official-capacity
claims against Defendant Key are DISMISSED, WITHOUT PREJUDICE, for failing to
state a claim upon which relief may be granted.
Plaintiffs= Rehabilitation Act claim against Defendant ADE is allowed to
Plaintiffs= ADA claim against Defendant ADE is allowed to PROCEED.
Plaintiffs= state law claims against Defendants ADE and Key are
DISMISSED, WITH PREJUDICE, as barred by the Eleventh Amendment.
Plaintiffs= Fourth Amendment, Title IX and NCLBA claims are
DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may
DATED this 25th day of May, 2017.
UNITED STATES DISTRICT JUDGE
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