GM v. Lincoln County School District et al

Filing 35

ORDER: Adopting Judge Russo's Findings and Recommendation 31 . Defendants' Motion to Dismiss 13 is granted in part and denied in part. Plaintiff's Motion for Leave to File Amended Complaint 20 is granted in part and denied in part. Signed on 6/28/2017 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
GM (Minor) by and through his guardian
ad litem, LYNN MASON
Plaintiff,

Case No. 6:16-cv-01739-JR
ORDER

v.
LINCOLN COUNTY SCHOOL DISTRICT,
NICK LUPO, Principal, in his official and
individual capacities, SUSAN VAN LIEW,
Elementary Education Director, in her
Official and individual capacities, KALEE
ADAMS, Teacher, in her official and
individual capacities, LEAH STILES,
ANNETTE ICENOGLE, and JESSICA
UMBACK, Paraprofessionals, in their
Official and individual capacities
Defendants.
_____________________________
MCSHANE, Judge:
Magistrate Judge Jolie A. Russo filed a Findings and Recommendation (ECF No. 31),
and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).
Defendant filed objections to the Findings and Recommendation. Accordingly, I have reviewed
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the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude the report is
correct.
I adopt the Findings and Recommendation (ECF No. 31). Defendants’ motion to dismiss,
ECF No. 13, is GRANTED to the extent plaintiff’s Rehabilitation Act and ADA claims are
brought against Defendants in their individual capacity or pursuant to 42 U.S.C. § 1983.
Defendants’ motion to dismiss is DENIED in all other respects. Plaintiff’s motion to amend
(ECF No. 20) is DENIED as to plaintiff’s 42 U.S.C. § 1983 claim against Lincoln County School
District, restraint and seclusion claim under ORS § 339.288, and Rehabilitation Act and ADA
claims based on individual liability and/or asserted under 42 U.S.C. § 1983. Plaintiff’s motion to
amend is GRANTED in all other respects.

IT IS SO ORDERED.

DATED this 28th day of June, 2017.

_____/s/ Michael J. McShane_____
Michael J. McShane
United States District Judge

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