Yelland v. Abington Heights School District et al
ORDER (memorandum filed previously as separate docket entry), the defts' motion to dismiss is granted in parte and denied in part. (See order for details). Board of Directors for the Abington Heights School District terminated.Signed by Honorable Malachy E Mannion on 2/9/17. (bs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM H. YELLAND,
CIVIL ACTION NO. 3:16-2080
ABINGTON HEIGHTS SCHOOL
DISTRICT, et al.,
In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT the defendants’ motion to dismiss, (Doc. 6), plaintiff’s
complaint, (Doc. 1), is GRANTED IN PART and DENIED IN PART.
Defendants’ motion to dismiss is GRANTED with respect to defendant AHSD
Board of Directors who are DISMISSED WITH PREJUDICE. Defendants’
motion to dismiss all of plaintiff’s claims against Mahon, Elia and Antonetti,
including his claim for punitive damages, in their official capacities is
GRANTED and all of these claims are DISMISSED WITH PREJUDICE.
Defendants’ motion to dismiss is GRANTED with respect to plaintiff’s 14th
Amendment post-deprivation procedural due process claim contained in
Count II of his complaint and this claim is DISMISSED. Defendants’ motion
to dismiss plaintiff’s 14th Amendment pre-deprivation procedural due process
claim contained in Count I of his complaint is DENIED and this claim is
PERMITTED TO PROCEED against AHSD and, against Mahon, Elia and
Antonetti in their individual capacities. Plaintiff’s claim for punitive damages
against Mahon, Elia and Antonetti in their individual capacities is PERMITTED
TO PROCEED. Defendants’ motion to dismiss plaintiff’s state law malicious
prosecution claim contained in Count III of his complaint is DENIED and, this
claim against Mahon, Elia and Antonetti is PERMITTED TO PROCEED.
Finally, defendants AHSD, Mahon, Elia and Antonetti are directed to file
their answer(s) to the remaining claims of plaintiff’s complaint within fourteen
(14) days of the date of the court’s order.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: February 9, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-2080-01-Order.wpd
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