Risser v. Steelton-Highspire School District

Filing 32

ORDER (Memorandum 24 filed previously as separate docket entry) GRANTING in Part & DENYING in Part deft's MTD 24 as follows... (see Paras 1a-e for specifics), directing Clrk of Ct to terminate deft Rachael Montiel as party, directing that action shall proceed on following claims... (see Paras 3a-d for specifics), & directing defts to respond to amended complaint 12 13 in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/22/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARK RISSER,
Plaintiff
v.
STEELTON-HIGHSPIRE SCHOOL
DISTRICT, DR. ELLEN
CASTAGNETO, LISA CRUM, and
RACHEL MONTIEL,
Defendants

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CIVIL ACTION NO. 1:17-CV-357
(Chief Judge Conner)

ORDER
AND NOW, this 22nd day of November, 2017, upon consideration of the
motion (Doc. 24) by defendants Steelton-Highspire School District, Dr. Ellen
Castagneto, Lisa Crum, and Rachel Montiel, seeking to dismiss the amended
complaint (Docs. 12, 13) of plaintiff Mark Risser (“Risser”), and the parties’
respective briefs in support of and opposition to said motion (Docs. 25, 26, 28), and
for the reasons stated in the accompanying memorandum, it is hereby ORDERED
that:
1.

Defendants’ motion (Doc. 24) to dismiss is GRANTED in part and
DENIED in part as follows:
a. Risser’s claims in Counts I, II, and III1 are DISMISSED with
prejudice as to defendant Rachel Montiel.
b. Risser’s harassment and hostile work environment claims under
the Americans with Disabilities Act (“ADA”) in Count I and the

1

The amended complaint styles the retaliation claim as “Count IV.” (Doc. 13
at 15). The court will refer to the retaliation claim as Count III for clarity since only
three counts are alleged.

Pennsylvania Human Relations Act (“PHRA”) in Count II are
DISMISSED with prejudice as to all remaining defendants.
c. Risser’s allegations of discrimination and retaliation with regard to
the March 2, 2017 school assembly incident are DISMISSED
without prejudice as to all remaining defendants.
d. Risser’s claims of discrimination under the ADA in Count I and
retaliation under the ADA in Count III are DISMISSED with
prejudice as to defendants Dr. Ellen Castagneto and Lisa Crum.
e. Defendants’ motion (Doc. 24) is otherwise DENIED.
2.

The Clerk of Court is DIRECTED to terminate defendant Rachael
Montiel as a party to the above-captioned action.

3.

This action shall proceed on the following claims:
a. Count I, disability discrimination under the ADA, proceeds as to
Steelton-Highspire School District.
b. Count II, disability discrimination under the PHRA, proceeds as to
Steelton-Highspire School District as well as Dr. Ellen Castagneto
and Lisa Crum in their individual capacities.
c. Count III, retaliation under the ADA, proceeds as to SteeltonHighspire School District.
d. Count III, retaliation under the PHRA, proceeds as to SteeltonHighspire School District as well as Dr. Ellen Castagneto and Lisa
Crum in their individual capacities.

4.

Defendants shall respond to Risser’s amended complaint (Docs. 12, 13)
in accordance with the Federal Rules of Civil Procedure.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania