Opinion
Civil Action No. 09-0338.
July 15, 2009
MEMORANDUM and ORDER
This is an action in civil rights brought by plaintiffs Mary Doe and Richard Doe, on behalf of their minor daughter Joan Doe, and Judy Poe and John Poe, on behalf of their minor daughter Jane Poe. Plaintiffs have alleged claims pursuant to Title IX of the Civil Rights Act of 1964, 20 U.S.C. § 1681(a), and section 1983 of the Civil Rights Act of 1871, 42 U.S.C. § 1983 [doc. no. 1]. Count II of plaintiffs' complaint alleges a Title IX claim against defendant Upper St. Clair School District ("USCSD") wherein plaintiffs seek punitive damages. Pending before the court is defendant USCSD's motion to dismiss plaintiff's claim for punitive damages as set forth in Count II [doc. no. 34]. For the reasons set forth below, the motion will be granted.
USCSD is a public school district and is, therefore, considered to be a municipal entity. See Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701 (1989) (referring to the defendant school district as a municipality); McGreevy v. Stroup, 413 F.3d 359, 367 (3d Cir. 2005) (same). The Supreme Court has made clear that punitive damages are not recoverable against municipalities. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981). Consequently, punitive damages are not recoverable against USCSD in this case. Plaintiffs' claim for punitive damages against USCSD will be dismissed with prejudice. An appropriate order follows.
ORDER
AND NOW this 15 day of July, 2009, upon consideration of the motion for partial dismissal [doc. no. 34] filed by defendants Upper St. Clair School District, Dr. Patrick O'Toole, Dr. Terrence Kushner, Dr. Michael Ghilani, Dr. Sharon Suritsky, Lou angelo, Jace B. Palmer, and Jennifer Wagner, and the plaintiffs' response thereto, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said motion is GRANTED. Plaintiffs' claim for punitive damages in Count II of the complaint is dismissed with prejudice.