POE v. SOUTHEAST DELCO SCHOOL DISTRICT et al

Filing 85

MEMORANDUM AND ORDER THAT THE DEFENDANTS MOTIONS ARE GRANTED AS TO PLAINTIFFS 1983 CLAIMS AGAINST THE DISTRICT, BUTZ, AND RYAN. SUMMARY JUDGMENT IS ALSO GRANTED AS TO PLAINTIFFS POE'S TITLE IX CLAIM AGAINST THE DISTRICT. DEFENDANTS' MOTION WILL BE DENIED AS TO THE STATE CREATED DANGER CLAIM AGAINST DEFENDANT JORDAN, AND AS TO THE TITLE IX CLAIMS BY ALL PLAINTIFF OTHER THAN PLAINTIFF POE. SIGNED BY HONORABLE GERALD A. MCHUGH ON 9/27/2017. 9/27/2017 ENTERED AND COPIES EMAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN AND JANE DOES, in their own right
:
and as parents and natural guardians of L. Doe, :
a minor,
:
:
and
:
:
WILLIAM AND MARY ROE, in their own
:
right and as parents and natural guardians of
:
A. Roe, a minor,
:
:
v.
:
CIVIL ACTION NO. 15-901
:
SOUTHEAST DELCO SCHOOL DISTRICT :
et al.
:
__________________________________________________________________________
JOHN AND JANE DOES, in their own right
:
and as parents and natural guardians of L. Doe, :
a minor, et al.
:
:
v.
:
:
SOUTHEAST DELCO SCHOOL DISTRICT :
et al.
:

CIVIL ACTION NO. 15-3655

_________________________________________________________________________
MARTHA POE, in her own right
and as parent and natural guardian of S. Poe
a minor

:
:
:
:
v.
:
CIVIL ACTION NO. 15-2369
:
SOUTHEAST DELCO SCHOOL DISTRICT :
et al.
:
_________________________________________________________________________

JOHN AND JANE DOES, in their own right
:
and as parents and natural guardians of L. Doe, :
a minor
:
:
v.
:
CIVIL ACTION NO. 16-1364
:
SOUTHEAST DELCO ELEMENTARY
:
SCHOOL et al.
:
_________________________________________________________________________

ORDER
This 27th day of September, 2017, upon consideration of the Defendants’ Motions for
Summary Judgment, and the Responses and Replies thereto, it is hereby ORDERED that the
Defendants’ Motions are GRANTED as to Plaintiffs’ § 1983 claims against the District, Butz,
and Ryan. Summary Judgment is also granted as to Plaintiff Poe’s Title IX claim against the
District. Defendants’ Motions will be DENIED as to the state-created danger claim against
Defendant Jordan, and as to the Title IX claims by all Plaintiffs other than Plaintiff Poe.

/s/ Gerald Austin McHugh
United States District Judge