Markovich v. Panther Valley School District et al
Filing 45
ORDER (memorandum filed previously as separate docket entry), In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT defendants PVSD and Porembo's motion to dismiss, (Doc. 12), is GRANTED IN PART and DENIED IN PART. The moti on is GRANTED as to Count I, for discrimination under Title VII of the Civil Rights Act. Count I is DISMISSED with prejudice. The motion is DENIED as to Count II, the procedural due process claim. The motion is GRANTED as to Count III, the 5th and 14 th amendment substantive due process claims, which are DISMISSED with prejudice. The 5th Amendment claim is DISMISSED with prejudice, while the 14th Amendment claim is DISMISSED without prejudice. The motion is DENIED as to Count IV, the breach of co ntract claim. The motion is GRANTED as to Count VII, the enterprise liability claim, which is DISMISSED with prejudice. The claims against Porembo in her official capacity brought pursuant to §1983 are DISMISSED with prejudice. Plaintiff may ame nd his complaint to allege additional claims against PVSD and Porembo, provided he has a good fath basis to do so. Any such amendment must be filed on or before August 15, 2014.Defendant Angst's motion to dismiss, (Doc. 30), is GRANTED. Counts V, VI, and VIII, the claims against Angst, are DISMISSED with prejudice. R. Mickey Angst terminated., 12 30 .Signed by Honorable Malachy E Mannion on 7/28/14. (bs)
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