M.S. et al v. Susquehanna Township School District et al

Filing 29

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defendants motion to dismiss (Doc. No. 10) is GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiffs claims against the individually-named Defendants in th eir official capacities are DISMISSED WITH PREJUDICE.2. Plaintiffs claims against Defendant Susquehanna Township School District, and Defendants Kegerise, Taschner and Lovelidge in their individual capacitiesarising out of 42 U.S.C. § 1983 and t he United States Constitution areDISMISSED WITHOUT PREJUDICE. 8. Plaintiffs are granted leave to file an amended complaint within 21 days of the date of this order. 10 SEE ORDER FOR ADDITIONAL DETAILS. Signed by Honorable Yvette Kane on 8/29/14. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
M.S., a minor, by and through
her mother, PARIS HALL, and
PARIS HALL, individually,
Plaintiffs
v.
SUSQUEHANNA TOWNSHIP
SCHOOL DISTRICT, et al.,
Defendants

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No. 1:13-cv-2718

(Judge Kane)

ORDER
AND NOW, on this 29th day of August 2014, IT IS HEREBY ORDERED THAT
Defendants’ motion to dismiss (Doc. No. 10) is GRANTED IN PART and DENIED IN PART
as follows:
1.

Plaintiffs’ claims against the individually-named Defendants in their official
capacities are DISMISSED WITH PREJUDICE.

2.

Plaintiffs’ claims against Defendant Susquehanna Township School District, and
Defendants Kegerise, Taschner and Lovelidge in their individual capacities
arising out of 42 U.S.C. § 1983 and the United States Constitution are
DISMISSED WITHOUT PREJUDICE;

3.

Plaintiffs’ claim against STSD arising under Title IX, 20 U.S.C. § 1681 et seq. is
not dismissed;

4.

Plaintiffs’ state law claims alleging negligent hiring, negligence per se and
intentional infliction of emotional distress against the Susquehanna Township
School District are DISMISSED WITH PREJUDICE;

5.

Plaintiffs’ state law claim alleging negligent hiring against Defendants Kegerise
and Lovelidge in their individual capacities is DISMISSED WITHOUT
PREJUDICE;

6.

Plaintiffs’ state law claims alleging negligence per se and intentional infliction of
emotional distress against all individually-named Defendants in their individual
capacities are DISMISSED WITHOUT PREJUDICE; and

7.

Plaintiffs’ claim for punitive damages is DISMISSED WITHOUT

PREJUDICE.
8.

Plaintiffs are granted leave to file an amended complaint within 21 days of the
date of this order.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania