Opinion
3:24-CV-00248
10-02-2024
AVIA BIBEAU, Plaintiff, v. EAST STROUDSBURG UNIVERISTY, EAST STROUDSBURG UNIVERSITY POLICE DEPARTMENT, WILLIAM PARRISH, NICK TIMAR, LANETTE JONES, MARIA CUTSINGER, KENNETH LONG, JENNIE SMITH Defendants.
ORDER
ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE
AND NOW, THIS DAY OF OCTOBER 2024, upon consideration of Commonwealth Defendants' Partial Motion to Dismiss Complaint (“Motion”) (Doc. 11), and the parties' submissions, it is HEREBY ORDERED THAT:
1. The Commonwealth Defendants' Motion (Doc. 11) is GRANTED.
2. Counts I, II, and III of the Complaint (Doc. 1), Plaintiffs Title IX claims, are DISMISSED WITH PREJUDICE as to Defendants Parrish, Timar, Cutsinger, Long, and Smith (the “Individual Defendants").
3. The claims for punitive and emotional distress damages in Counts I, II, and III are DISMISSED WITH PREJUDICE.
4. The Title IX claims against Defendants East Stroudsburg University and the East Stroudsburg University Police Department (the “Institutional Defendants”) in Counts I, II, and III may proceed.
5. Counts IV and V, Plaintiffs 42 U.S.C. § 1983 claims, are DISMISSED WITH PREJUDICE as to the Institutional Defendants.
6. Counts IV and V are DISMISSED WITHOUT PREJUDICE as to the Individual Defendants.
7. Plaintiff may file an Amended Complaint within twenty-one (21) days of the date of this Order, amending Counts IV and V as to the Individual Defendants only.
8. Count VI, Plaintiffs Pennsylvania Human Relations Act claim, is DISMISSED WITH PREJUDICE.
9. Count VII, Plaintiffs Pennsylvania Fair Educational Opportunities Act claim, is DISMISSED WITH PREJUDICE.,