K.A. o/b/o her minor child, J.A. v. Abington Heights School District et al

Filing 44

ORDER 1. Defendants' motion is GRANTED as to Count Iof Plaintiffs Amended Complaint. Specifically: a. Plaintiffs Fifth Amendment claim is DISMISSED WITH PREJUDICE. b. Plaintiffs Sixth Amendment claim is MOOT. c. Plaintiffs Fourteenth Amendment p rocedural due process claim is DISMISSED WITHOUT PREJUDICE. Should Plaintiff choose amend, she must state what procedural rights J.A. was deprived of, and the specific nature of the deprivation(s).d. Plaintiffs Fourteenth Amendment substantive due pr ocess claim is DISMISSED WITH PREJUDICE. 2. Defendants' motion is GRANTED as to Count II of Plaintiffs Amended Complaint. The claim for Intentional Infliction of Emotional Distress is DISMISSED WITH PREJUDICE. 3. Defendants' motion is GRANT ED IN PART AND DENIED IN PART as to Count III of Plaintiffs Amended Complaint. Specifically:a. Plaintiffs claim for Breach of Fiduciary Duty is DISMISSED WITH PREJUDICE with respect to Abington Heights School District. b. Plaintiffs claim for Breach of Fiduciary Duty is DISMISSED WITHOUT PREJUDICE with respect to Defendants Mahon and Quinn. c. Defendants' motion to dismiss Plaintiffs claim for Breach of Fiduciary Duty is DENIED with respect to Defendants Elia, Antonetti, and Kelly. 4. Defen dants' motion is GRANTED IN PART AND DENIED IN PART as to Count IV of Plaintiffs Amended Complaint. Specifically: a.Plaintiffs claim for Punitive Damages is DISMISSED WITH PREJUDICE with respect to Abington Heights School District. b. Plaintiffs claim for Punitive Damages is DISMISSED WITHOUT PREJUDICE with respect to Defendants Mahon and Quinn.DENIED with respect to Defendants Elia, Antonetti, and Kelly. Plaintiff may bring a claim for Punitive Damages for the causes of action that we have allowed to remain or dismissed without prejudice. 5. Defendants' motion is GRANTED as to Count Vof Plaintiffs Amended Complaint. The claim for Negligence is DISMISSED WITH PREJUDICE. 6. Defendants' motion is GRANTED as to Count VI of Plain tiffs Amended Complaint. Speci'flcally: a. Plaintiffs Section 504 of the Federal Rehabilitation Act claim is DISMISSED WITH PREJUDICE with respect to Defendants Mahon, Quinn, Elia, Antonetti, and Kelly. b. Plaintiffs Section 504 of the Federal R ehabilitation Act claim is DISMISSED WITHOUT PREJUDICE with respect to Abington Heights School District. Should Plaintiff choose to amend, she must sufficiently allege that (1) J.A. was disabled pursuant to Section 504 in February, 2011; (2) the mann er in which he was expelled was based on his disability; (3) he was treated differently in the hearing due to his disability; and (3) the school officials' actual decision to expel him was due to his disability. 7. Defendants' motion is GRA NTED as to Count VII of Plaintiffs Amended Complaint. Plaintiffs Civil Rights claim is DISMISSED WITH PREJUDICE. 8. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file a Second Amended Complaint as to those Counts where leave to d o so has been granted. ACCORDINGLY, the only Counts remaining are Count III (Breach of Fiduciary Duty), Count IV (Punitive Damages), Count I, with respect to the Fourteenth Amendment procedural due process claim, as to which Plaintiff is granted leave to amend against all Defendants, and Count VI (Section 504 of the Federal Rehabilitation Act) as to which Plaintiff is granted leave to amend with respect to Abington Heights School District.Signed by Honorable Robert D. Mariani on 6/27/14. (jfg)

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

K.A. olblo her minor child, J.A.

Plaintiff

v.

3:12·CV·2486
(JUDGE MARIANI)

ABINGTON HEIGHTS SCHOOL
DISTRICT, et al.

Defendants
ORDER

~'1~

AND NOW, THISCLL- DAY OF JUNE 2014, upon consideration of Defendants'
Motion to Dismiss Plaintiffs First Amended Complaint (Doc. 23) and all accompanying
briefs, IT IS HEREBY ORDERED THAT the Defendants' motion is GRANTED IN PART
AND DENIED IN PART; to wit:
1. Defendants' motion is GRANTED as to Count I of Plaintiffs Amended Complaint.
Specifically:
a. Plaintiffs Fifth Amendment claim is DISMISSED WITH PREJUDICE.
b. Plaintiffs Sixth Amendment claim is MOOT.
c. Plaintiffs Fourteenth Amendment procedural due process claim is
DISMISSED WITHOUT PREJUDICE. Should Plaintiff choose amend, she
must state what procedural rights J.A. was deprived of, and the specific
nature of the deprivation(s).

d. Plaintiffs Fourteenth Amendment substantive due process claim is

DISMISSED WITH PREJUDICE.
2. Defendants' motion is GRANTED as to Count II of Plaintiffs Amended Complaint.
The claim for Intentional Infliction of Emotional Distress is DISMISSED WITH

PREJUDICE.
3. Defendants' motion is GRANTED IN PART AND DENIED IN PART as to Count III of
Plaintiffs Amended Complaint. Specifically:
a. Plaintiffs claim for Breach of Fiduciary Duty is DISMISSED WITH

PREJUDICE with respect to Abington Heights School District.
b. Plaintiffs claim for Breach of Fiduciary Duty is DISMISSED WITHOUT

PREJUDICE with respect to Defendants Mahon and Quinn.
c. Defendants' motion to dismiss Plaintiffs claim for Breach of Fiduciary Duty is

DENIED with respect to Defendants Elia, Antonetti, and Kelly.
4. Defendants' motion is GRANTED IN PART AND DENIED IN PART as to Count IV of
Plaintiffs Amended Complaint. Speci'ftcally:

a. Plaintiffs claim for Punitive Damages is DISMISSED WITH PREJUDICE with
respect to Abington Heights School District.
b. Plaintiffs claim for Punitive Damages is DISMISSED WITHOUT PREJUDICE
with respect to Defendants Mahon and Quinn.

2

c. Defendants' motion to dismiss Plaintiffs claim for Punitive Damages is

DENIED with respect to Defendants Elia, Antonetti, and Kelly. Plaintiff may
bring a claim for Punitive Damages for the causes of action that we have
allowed to remain or dismissed without prejudice.
5. Defendants' motion is GRANTED as to Count V of Plaintiffs Amended Complaint.
The claim for Negligence is DISMISSED WITH PREJUDICE.
6. Defendants' motion is GRANTED as to Count VI of Plaintiffs Amended Complaint.
Speci'flcally:
a. Plaintiffs Section 504 of the Federal Rehabilitation Act claim is DISMISSED

WITH PREJUDICE with respect to Defendants Mahon, Quinn, Elia, Antonetti,
and Kelly.
b. Plaintiffs Section 504 of the Federal Rehabilitation Act claim is DISMISSED

WITHOUT PREJUDICE with respect to Abington Heights School District.
Should Plaintiff choose to amend, she must sufficiently allege that (1) J.A.
was disabled pursuant to Section 504 in February, 2011; (2) the manner in
which he was expelled was based on his disability; (3) he was treated
differently in the hearing due to his disability; and (3) the school officials'
actual decision to expel him was due to his disability.
7. Defendants' motion is GRANTED as to Count VII of Plaintiffs Amended Complaint.
Plaintiffs Civil Rights claim is DISMISSED WITH PREJUDICE.
3

8. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file a
Second Amended Complaint as to those Counts where leave to do so has been
granted.

ACCORDINGLY, the only Counts remaining are Count III (Breach of Fiduciary Duty),
Count IV (Punitive Damages), Count I, with respect to the Fourteenth Amendment
procedural due process claim, as to which Plaintiff is granted leave to amend against all
Defendants, and Count VI (Section 504 of the Federal Rehabilitation Act) as to which
Plaintiff is granted leave to amend with respect to Abington Heights School District.

United States District Court Judge

4