Donovan v. Pittston Area School District et al

Filing 28

ORDER (memorandum filed previously as separate docket entry). defendants motion to dismiss, (Doc. 11), is GRANTED IN PART and DENIED IN PART. Counts I and III of plaintiffs amended complaint, (Doc. 9), are DISMISSED WITHOUT PREJUDICE for failure to e xhaust statutory remedies. Plaintiffs 14th Amendment substantive due process claim in Count II is DISMISSED WITH PREJUDICE. Plaintiffs constitutional claim against PASD is DISMISSED WITHOUT PREJUDICE to file a second amended complaint to properly sta te a procedural due process claim against this defendant under Monell. Plaintiff is directed to file her second amended complaint only to correct her defect as to PASD in Count II within 15 days of the date of this Order. Plaintiffs claims against th e five board of education members in their official capacity are DISMISSED WITH PREJUDICE. Plaintiffs 14th Amendment procedural due process claim in Count II is PERMITTED TO PROCEED as against the five board of education members in their individual c apacity. Plaintiffs claim for punitive damages in Count II against the five board members in their individual capacity is PERMITTED TO PROCEED. Plaintiffs claim for attorneys fees in Count II is PERMITTED TO PROCEED. Amended Pleadings due by 7/2/2015.Signed by Honorable Malachy E Mannion on 6/17/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JANET DONOVAN,

:
:

Plaintiff

CIVIL ACTION NO. 3:14-1657
:

v.

(JUDGE MANNION)
:

PITTSTON AREA SCHOOL
DISTRICT, et al.,

:
:

Defendants
:
ORDER
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT defendants’ motion to dismiss, (Doc. 11), is GRANTED IN
PART and DENIED IN PART. Counts I and III of plaintiff’s amended
complaint, (Doc. 9), are DISMISSED WITHOUT PREJUDICE for failure to
exhaust statutory remedies. Plaintiff’s 14th Amendment substantive due
process claim in Count II is DISMISSED WITH PREJUDICE. Plaintiff’s
constitutional claim against PASD is DISMISSED WITHOUT PREJUDICE to
file a second amended complaint to properly state a procedural due process
claim against this defendant under Monell. Plaintiff is directed to file her
second amended complaint only to correct her defect as to PASD in Count II
within 15 days of the date of this Order. Plaintiff’s claims against the five
board of education members in their official capacity are DISMISSED WITH

PREJUDICE. Plaintiff’s 14th Amendment procedural due process claim in
Count II is PERMITTED TO PROCEED as against the five board of education
members in their individual capacity. Plaintiff’s claim for punitive damages in
Count II against the five board members in their individual capacity is
PERMITTED TO PROCEED. Plaintiff’s claim for attorneys’ fees in Count II is
PERMITTED TO PROCEED.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: June 17, 2015
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2014 MEMORANDA\14-1657-02-Order.wpd