A.T. v. OLEY VALLEY SCHOOL DISTRICT et al

Filing 147

ORDER OF 2/1/23 PURSUANT TO MEMORANDUM OPINION FILE THIS DATE THE DEFENDANT OLEY VALLEY SCHOOL DISTRICT'S MOTION FOR SUMMARY JUDGMENT ON DAMAGES (DOC. 129) IS GRANTED IN PART AND DENIED IN PART. JUDGMENT IS ENTERED IN FAVOR OF THE OLEY VALLEY SC HOOL DISTRICT AGAINST THE PLAINTIFFS ON ALL OF THE PLAINTIFFS' CLAIMS FOR COMPENSATORY EMOTIONAL DAMAGES BROUGHT UNDER TITLE IX. ETC. PLAINTIFFS CLAIMS FOR LOST INCOME, LOST OPPORTUNITY, FRINGE BENEFITS, ATTORNEY FEES AND COSTS AND ANY OTHER NON EMOTIONAL DISTRESS COMPENSATORY DAMAGES SHALL REMAIN. DEFENDANT'S MOTION FOR PERMISSION TO SUPPLEMENT AUTHORITY ON DAMAGES (DOC. 144) IS GRANTED. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 2/1/23. 2/1/23 ENTERED AND COPIES E-MAILED. (DT)

Case 5:17-cv-04983-JLS Document 147 Filed 02/01/23 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
A.T., INDIVIDUALLY AND AS PARENT
AND NATURAL GUARDIAN OF O.T.,
A MINOR
v.
OLEY VALLEY SCHOOL DISTRICT

:
:
: CIVIL ACTION
:
: NO. 17-4983
:
:
:
ORDER

AND NOW, this 1st day of February, 2023, it is hereby ORDERED that:
1. The Defendant Oley Valley School District’s motion for summary judgment on
damages [Doc. 129] is GRANTED in part and DENIED in part.
2. Judgment is ENTERED in favor of the Oley Valley School District against the
Plaintiffs on all of Plaintiffs’ claims for compensatory emotional damages brought
under Title IX, Section 504 of the Rehabilitation Act and the Americans with
Disabilities Act. These include Plaintiffs’ claims for past, present and future medical
expenses based on emotional distress such as bipolar disorder, anxiety,
humiliation, embarrassment, frustration and alcohol and drug addiction and past,
present and future emotional pain and suffering/mental distress.
3. Plaintiffs’ claims for lost income, lost opportunity, fringe benefits, attorney fees and
costs and any other non-emotional distress compensatory damages shall remain.
4. Defendant’s motion for permission to supplement authority on damages [Doc. 144]
is GRANTED.
BY THE COURT:

/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.