Romero et al v. Pasco School District et al

Filing 8

ORDER GRANTING DEFENDANTS PARTIAL MOTION TO DISMISS. Defendants Motion to Dismiss Plaintiffs Claims Against the Individually-Named Defendants in their Official Capacities and Plaintiffs Ivan Romero and Jessica Juarezs § 1983 Claims pursuant to Fed. R. Civ. P. 12(b)(6) ECF No. 7 is GRANTED as follows: Plaintiffs claims against Defendants Nora Flores, Tim Sullivan, and Saundra Hill are DISMISSED with prejudice. The Clerk shall terminate these Defendants from the docket. Plaintiffs claims a gainst Defendant Ratree Albers, in her official capacity only, are DISMISSED with prejudice. Plaintiffs § 1983 Fourteenth Amendment Due Process claims against all Defendants are DISMISSED with prejudice. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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IVAN ROMERO, JESSICA
JUAREZ, and S.R., a minor by and
through his guardian ad litem, IVAN
ROMERO,
Plaintiffs,

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ORDER GRANTING DEFENDANTS’
PARTIAL MOTION TO DISMISS

v.

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CASE NO.: 4:16-CV-5112-TOR

PASCO SCHOOL DISTRICT,
RATREE ALBERS, NORA
FLORES, TIM SULLIVAN,
SAUNDRA HILL, JOHN and
JANE DOES 1-30,
Defendants.

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BEFORE THE COURT is Defendants’ Motion to Dismiss Plaintiffs’ Claims

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Against the Individually-Named Defendants in their Official Capacities and

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Plaintiffs Ivan Romero and Jessica Juarez’s § 1983 Claims pursuant to Fed. R. Civ.

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P. 12(b)(6). ECF No. 7. Although this matter is scheduled for consideration

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without oral argument on November 28, 2016, the Court finds no reason to delay

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its order because the matter is unopposed.

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//

ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS ~ 1

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BACKGROUND
Plaintiffs Ivan Romero, Jessica Juarez, and S.R., a minor by and through his

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guardian ad litem Ivan Romero, commenced this action on August 15, 2016,

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alleging, inter alia, that S.R. was subjected to “ongoing verbal, psychological and

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physical abuse” while attending Robert Frost Elementary. 1 See ECF No. 1 at ¶¶

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13-14, 43. Specifically, Plaintiffs allege that S.R.’s teacher, Defendant Ratree

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Albers (“Albers”) ignored S.R., restrained him, and took him to a bathroom with

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the lights off knowing that S.R. is afraid of the dark. Id. at ¶¶ 35-38.

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DISCUSSION

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Defendants move to dismiss all claims against Defendants Nora Flores, Tim

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Sullivan, and Saundra Hill with prejudice, because Plaintiffs have already named

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the Pasco School District as a Defendant and these individuals “are only being

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sued in their official capacities.” See ECF No. 7 at 6. For the same reason,

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Defendants move to dismiss all claims asserted against Defendant Ratree Albers,

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several times in the Complaint. Id. at ¶¶ 37-38. Plaintiffs are admonished that

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Rule 5.2(a)(3) of the Federal Rules of Civil Procedure prohibits the use of a

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minor’s name.

Plaintiffs’ Complaint refers to the minor child, S.R., by his first name

ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS ~ 2

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in her official capacity, with prejudice, id., but not those asserted against

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Defendant Ratree Albers in her individual capacity. Id. at 8-9.

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All Defendants also seek to dismiss with prejudice Plaintiffs’§ 1983

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Fourteenth Amendment substantive due process claims because Plaintiffs’

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Complaint fails to state a claim upon which relief may be granted. Id. at 7-8.

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Plaintiffs have communicated to the Court that they do not intend to oppose

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the instant motion.2 As such, the Court grants Defendants’ Motion to Dismiss.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. Defendants’ Motion to Dismiss Plaintiffs’ Claims Against the

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Individually-Named Defendants in their Official Capacities and Plaintiffs

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Ivan Romero and Jessica Juarez’s § 1983 Claims pursuant to Fed. R. Civ.

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P. 12(b)(6) (ECF No. 7) is GRANTED as follows.

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2. Plaintiffs’ claims against Defendants Nora Flores, Tim Sullivan, and

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Saundra Hill are DISMISSED with prejudice. The Clerk shall

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terminate these Defendants from the docket.

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than 21 days after the filing of a dispositive motion. Failure to do so may result in

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a finding that the party has consented to the entry of an adverse order, pursuant to

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Local Rule 7.1(d).

Pursuant to Local Rule 7.1(b)(2)(B), a party must file an opposition no later

ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS ~ 3

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3. Plaintiffs’ claims against Defendant Ratree Albers, in her official
capacity only, are DISMISSED with prejudice.
4. Plaintiffs’ § 1983 Fourteenth Amendment Due Process claims against all
Defendants are DISMISSED with prejudice.

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The District Court Clerk shall enter this order and furnish copies to counsel.

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DATED: November 22, 2016.

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THOMAS O. RICE
Chief United States District Judge

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ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS ~ 4