K.E. v. Dover Area School District et al

Filing 40

ORDER (Memorandum 39 filed previously as separate docket entry) GRANTING Lincoln's MTD 21 to extent is seeks dismissal of Ct III of amended complaint w/ re: 42 USC 1983 claim & DENYING in all other respects, GRANTING in part & DENYING in p art MTD 22 by District & Nilsen per Paras 2a-c (see said paragraphs for specifics), & granting KE leave to amend pleading w/in 20 days of date of this order consistent w/ Para 1 to correct deficiency, noting in absence of timely filed 2nd amend complaint action to proceed on remaining claims. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/18/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
K.E.,
Plaintiff
v.
DOVER AREA SCHOOL
DISTRICT, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-1634
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of May, 2016, upon consideration of the motions to
dismiss filed by defendants Lincoln Intermediate Unit 12 (“Lincoln”) (Doc. 21) and
Dover Area School District (“the District”) and Richard Nilsen (“Nilsen”) (Doc. 22),
and for the reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
1.

The motion (Doc. 21) to dismiss filed by Lincoln is GRANTED to the
extent it seeks dismissal of Count III of plaintiff K.E.’s amended
complaint (Doc. 4) with respect to the 42 U.S.C. § 1983 claim. The
motion (Doc. 21) is DENIED in all other respects.

2.

The motion (Doc. 22) to dismiss filed by the District and Nilsen is
GRANTED in part as follows:
a.

Count I is DISMISSED with prejudice as to the Individuals with
Disabilities Education Act, 20 U.S.C. § 1400 et seq.; Section 504 of
the Rehabilitation Act of 1973, 29 U.S.C. § 794; and Fourth
Amendment claims.

b.

Nilsen is DISMISSED from the above-captioned matter. The
official-capacity claims are DISMISSED with prejudice, and the
individual-capacity claims are DISMISSED without prejudice.

c.

The motion (Doc. 22) is DENIED in all other respects.

3.

K.E. is granted leave to amend her pleading within twenty (20) days of
the date of this order. Consistent with paragraph 1, K.E. may correct
the deficiency in Count III by adding Lincoln Intermediate Unit 12 as a
defendant on Counts I and II. In the absence of a timely filed second
amended complaint, the above-captioned action shall proceed on the
remaining claims.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania