Frazier v. The Pa. State Univ.

Full title: AARON FRAZIER, Plaintiff, v. THE PENNSYLVANIA STATE UNIVERSITY, Defendant.

Court: United States District Court, Middle District of Pennsylvania

Date published: May 18, 2022

4:21-CV-00350 (M.D. Pa. May. 18, 2022)

Opinion

4:21-CV-00350

05-18-2022

AARON FRAZIER, Plaintiff, v. THE PENNSYLVANIA STATE UNIVERSITY, Defendant.

MATTHEW W. BRANN CHIEF UNITED STATES DISTRICT JUDGE

ORDER

MATTHEW W. BRANN CHIEF UNITED STATES DISTRICT JUDGE

AND NOW, this 18^th day of May 2022, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:

1. The Pennsylvania State University's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 20) is DENIED IN PART AND GRANTED IN PART, as follows:

a. DENIED as to Frazier's disparate-treatment and failure-to-accommodate claims in Counts I and II.

b. GRANTED WITH PREJUDICE as to any disparate-impact claims Frazier raises in Counts I and II.

c. GRANTED WITH PREJUDICE as to Count III.

2. Further leave to amend is not granted.

3. Penn State shall file an Answer to the surviving claims in Frazier's Second Amended Complaint (Doc. 18) by June 8, 2022.