Opinion
1:07-cv-1205-LJM-JMS.
January 25, 2008
ORDER
Defendant, Western Wayne School Corporation ("Western Wayne"), has moved to dismiss defendant, Lincoln High School, because it is not a legal entity with the capacity to be sued. Western Wayne's argument correctly presents the case. The issue admits to no argument after Brownsburg Community School Corp. v. Natare Corp., 824 N.E.2d 336 (Ind. 2005). The unambiguous application of the School Powers Act in that case applies equally here and clearly requires a finding that the entity Lincoln High School does not have the capacity to be sued.
Western Wayne has moved to dismiss plaintiff's, Jon Brent Turpin and Linda Becker Turpin, individually and on behalf of J.F.T., a minor (collectively, "Plaintiffs"), claims under Indiana Code §§ 20-33-8-12 and 13.5. Again, Western Wayne's argument prevails. There can be no private cause of action arising from statutory language like that contained in Indiana Code § 20-33-8-13.5(c), which reads as follows: "This section may not be construed to give rise to a cause of action against a person or school corporation based on an allegation of noncompliance with this section." Thus, Plaintiffs' alleged Statutory Negligence claim is DISMISSED with prejudice.
Western Wayne's Motion to Dismiss the stated constitutional claims is also GRANTED. See the discussion in Hansen v. Board of Trustees for Hamilton Southeastern School Corp., ___ F. Supp. 2d ___, No. 1:05-cv-670-LJM-WTL, 2007 WL 3333389 (S.D. Ind. Nov. 5, 2007).
CONCLUSION
For the foregoing reasons, defendant's, Western Wayne School Corporation, Motion to Dismiss is GRANTED. Plaintiffs', Jon Brent Turpin and Linda Becker Turpin, individually and on behalf of J.F.T., a minor, claims against defendant, Lincoln High School, are DISMISSED with prejudice. Plaintiffs' claims pursuant to Indiana Code §§ 20-33-8-12 and 13.5, and pursuant to 42 U.S.C. § 1983 are also DISMISSED with prejudice.
IT IS SO ORDERED.