Yelland v. Abington Heights School District et al

Filing 19

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)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA WILLIAM H. YELLAND, : Plaintiff CIVIL ACTION NO. 3:16-2080 : v. (JUDGE MANNION) : ABINGTON HEIGHTS SCHOOL DISTRICT, et al., Defendants : : ORDER 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 2

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