Opinion
4:22-CV-01387
04-27-2023
JOHN DOE, Plaintiff, v. WILLIAMSPORT AREA SCHOOL DISTRICT, LYCOMING COUNTY, DR. BRANDON PARDOE, ROGER FREED, SEAN McCANN, RYAN MILLER, FRED A. HOLLAND, ESQ., WILLIAM WEBER, in his individual ■ and official capacity, and JOHN and; JANE DOEs #1-#20 fictitious names,; whose true identities are currently unknown to Plaintiffs, Defendants.
ORDER
Matthew W. Brann Chief United States District Judge
In accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Defendants' motions to dismiss (Docs. 22, 24, 26, 29) are GRANTED IN PART.
2. Count I (Title IX violation) of Plaintiff John Doe's Complaint is DISMISSED WITH PREJUDICE as to Defendants Dr. Brandon Pardoe, Sean McCann, Ryan Miller, and Fred A. Holland.
3. Count II (civil rights conspiracy) is DISMISSED WITHOUT PREJUDICE as to Pardoe, McCann, Miller, Holland, and Defendant William Weber and DISMISSED WITH PREJUDICE as to Defendants Lycoming County and Williamsport Area School District (“WASD”).
4. Count III (42 U.S.C. § 1983 equal protection claim) is DISMISSED WITHOUT PREJUDICE as to all Defendants.
5. Count IV (vicarious liability) is DISMISSED WITH PREJUDICE as to Pardoe, McCann, Miller, Holland, and Weber, and DISMISSED WITHOUT PREJUDICE as to Lycoming County and WASD.
6. Count V (negligence) is DISMISSED WITHOUT PREJUDICE as to Pardoe, McCann, Miller, Holland, and WASD.
7. Count VI (negligence) is DISMISSED WITHOUT PREJUDICE as to Weber and Lycoming County.
8. Counts VII (NIED), IX (failure to rescue), IX (negligence per se), and XI (civil conspiracy) are DISMISSED WITHOUT PREJUDICE as to all Defendants.
9. Count VIII (IIED) is DISMISSED WITH PREJUDICE as to Lycoming County and WASD and DISMISSED WITHOUT PREJUDICE as to Pardoe, McCann, Miller, Holland, and Weber.
10. If Doe wishes to plead over on any dismissed counts he may file an amended pleading on or before May 11, 2023.
BY THE COURT: