M.E.L. v. Sherwood School District et al
Filing
14
OPINION and ORDER: Granting 9 Motion to Dismiss for Failure to State a Claim; Granting Motion to Dismiss Case for Lack of Jurisdiction 9 . Plaintiff's claims are dismissed. As such, defendants' request for oral argument is deni ed as unnecessary. Therefore, this case is remanded to state court, as plaintiff's only remaining claims are those asserted against DKL and his parents for assault and batter, which arise under Oregon law. Signed on 12/14/11 by Chief Judge Ann L. Aiken. (ljb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEL, a minor, by and through
his parents TROY and TRENNA E.
LANDERS, and by his guardian
ad litem, TRENNA E. LANDERS,
Plaintiff,
v.
SHERWOOD SCHOOL DISTRICT; DAN
JAMISON; MICHELLE DeBOARD;
MATTHEW BORING; MELISSA GOFF;
DKL, a minor; MICHELLE
LEONARD; GREGORY W. LEONARD;
and DOES 1-10,
Defendants.
Steven M. McCarthy
McCarthy Law Offices
1265 Highway 1
Independence, Oregon 97351
Attorney for plaintiff
Karen M. Vickers
Blake Fry
Mersereau Shannon LLP
Page 1 - OPINION AND ORDER
Civil No. 11-0987-AA
OPINION AND ORDER
One SW Columbia street, Suite 1600
Portland, Oregon 97258
Attorneys for defendants Sherwood
School District, Dan Jamison,
Michelle DeBoard, Matthew Boring,
and Melissa Goff
Steven A. Kraemer
Gregory R. Roberson
Hoffman, Hart & Wagner LLP
1000 SW Broadway, Twentieth Floor
Portland, Oregon 97205
Attorneys for defendants DKL,
Michelle Leonard, and Gregory W.
Leonard
AIKEN, Chief Judge:
Defendants Sherwood School
District,
Dan Jamison,
Michelle
DeBoard, Matthew Boring, and Melissa Goff move to dismiss plaintiff
MEL's complaint for failure to state claims upon which relief can
be granted.
See Fed. R. Civ. P. 12(b) (6).
In addition, defendants
move to dismiss plaintiff's Oregon tort claims for lack of subject
matter
jurisdiction.
See
Fed.
R.
Civ.
P.
12 (b) (1) .
For
the
reasons set forth below, defendants' motion is granted.
BACKGROUND
Plaintiff, a minor, is a student at Sherwood High School (the
"SchoolU), which lies within defendant Sherwood School District's
(the
"District")
defendants
Dan
territory.
Jamison,
During
Michelle
the
relevant
DeBoard,
time
Matthew
period,
Boring,
and
Melissa Goff were employees of the School.
In
student,
September
2009,
plaintiff
while walking along a
bumped
into
School corridor.
occurrence, plaintiff and DKL had never met.
the bumping to be an accident and apologized.
Page 2 - OPINION AND ORDER
DKL,
a
fellow
Prior to this
Plaintiff believed
Thereafter,
DKL
shout
pro
each t
ities and made other threatening remarks at plaintiff
they passed in the halls at School.
On October 29, 2009, plaintiff was struck in the
and
quently
knocked down by DKL's
"leg
by DKL
sweepll
while both
parties were under the care and supervision of the
II) •
"Inci
the
st
ct
As a consequence of DKL's acts, plaintiff
, a
rmanent loss of an upper front tooth, facial
broken jaw, a broken nose, a concussion, bruises, an
ury to his
elbow, and an exacerbation of a previous knee injury, all of whi
result
in extensive medical treatment and costs.
On
I
•
15, 2011, plaintiff filed his original compla
this Court on the basis of federal
August 19,
2001,
pla
question
jurisdiction.
iff filed an amended complaint,
all
On
ing
J
that
s: 1) violated his "first amendment, due process and
rightsll as guaranteed by "the US Constitution, No
equal
Child Le
Act of 2001, Title IX,
[and] IDEAII pursuant to 42
U.S.C. § 1983; 2) violated his "rights, privileges, or immunities
secured by
3)
Constitution and laws" pursuant to 42 U.S.C. § 1983;
committ
pursuant
i
committed intent
I
I
I
,
,~
1
!
an
offici
Finally,
poli
I
and
4)
("lIED")
See generally Am. Compl.
or
custom
to
condone
or
tolerate
and violence on School grounds.
DKL and his parents, who are not parties
1
1
law;
interests, pursuant to 42 U.S.C. § 1983, by
bullying, harassment,
59-63.
tort
, plaintiff alleges that the District violated his
liberty and
having
Oregon
nal infliction of emotional distress
pursuant to Oregon tort law.
In addit
to
Page 3 - OPINION AND ORDER
to this motion, plaintiff alleges assault and battery pursuant to
Oregon tort law.
general damages
Id.
at
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