The Estate of Montana Lance et al v. Kyer et al

Filing 39

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE GRANTING IN PART AND DENYING IN PART 20 Motion to Dismiss filed by Lewisville ISD, 29 Report and Recommendations. Signed by Judge Michael H. Schneider on 9/13/2011. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION

THE ESTATE OF MONTANA LANCE,
BY AND THROUGH JASON AND
DEBORAH LANCE, INDIVIDUALLY,
AND UPON BEHALF OF HIS HEIRS

V.

LEWISVILLE INDEPENDENT
SCHOOL DISTRICT

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CASE NO. 4:11-CV-00032
(Judge Schneider/Judge Mazzant)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On August 23, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion for Partial Dismissal of Plaintiffs’
First Amended Complaint and Brief (Dkt. #20) should be granted in part and denied in part.
The Court, having made a de novo review of the objections of Plaintiffs and Defendant
Lewisville Independent School District, is of the opinion that the findings and conclusions of the
Magistrate Judge are correct, and the objections are without merit. Therefore, the Court hereby
adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of this
Court.
It is, therefore, ORDERED that Defendant’s Motion for Partial Dismissal of Plaintiffs’ First
Amended Complaint and Brief (Dkt. #20) is GRANTED in part, and DENIED in part. Plaintiffs
have sufficiently alleged facts to support a claim under 42 U.S.C. § 1983, and those claims shall

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remain. Plaintiffs’ claims for punitive damages are dismissed, and Plaintiffs’ request for leave to
amend their complaint is denied.
It is SO ORDERED.
SIGNED this 13th day of September, 2011.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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