Pemberton et al v. West Feliciana Parish School Board et al

Filing 25

RULING Adopting 23 Report and Recommendations of the U.S. Magistrate Judge. West Feliciana Parish School Board's, Lloyd Lindsey's and Darryl Powell's Rule 12(b)(6) Motion to Dismiss is granted in part, dismissing the following claims : (1) the Title IX claim against dft Powell in his individual capacity; (2) all § 1983 claims against both the dft School Board and dft Powell, including the claim for punitive damages; and, (3) pla's state law claim for intentional inflict ion of emotional distress under Article 2315 against both the dft School Board and dft Powell. Further the dfts' motion is denied as to the pla's Title IX claim against the dft School Board. The pla is allowed 14 days to file an amended com plaint alleging sufficient facts to state: (1) a § 1983 First Amendment retaliation claim against the dft School board and dft Powell, in his individual capacity; (2) a § 1983 claim for punitive damages against dft Powell, in his individual capacity; and (3) a state law intentional infliction of emotional distress claim against both the dft School Board and dft Powell. In response to any amended complaint the pla may file, the dfts may again seek dismissal under Rule 12(b)(6). Signed by Chief Judge Ralph E. Tyson on 1/29/10. (BP, )