Summary
In Montanye, the plaintiff assisted an at-risk student who had emotional and psychological problems by sharing a suicide note written by the student with school officials and, with the mother's permission, attending therapy with the student.
Summary of this case from Herring v. Chichester School DistrictOpinion
CIVIL ACTION NO. 02-8537
August 11, 2003
ORDER
AND NOW, this 11th day of August, 2003, upon consideration of Defendants' Motion to Dismiss Amended Complaint (Document No. 8, filed February 21, 2003); Plaintiff's Answer Opposing Motion to Dismiss Amended Complaint (Document No. 10, filed March 6, 2003); Defendants' Response to Plaintiff's Answer Opposing Motion to Dismiss Amended Complaint (Document No. 11, filed March 21, 2003); and Plaintiff's Sur-Reply Opposing Defendants' Motion to Dismiss (Document No. 12, filed April 2, 2003), IT IS ORDERED that Defendants' Motion to Dismiss Amended Complaint is GRANTED, as follows:
1. Plaintiff's § 1983 claims asserted in Count One against defendants Wissahickon School District and the Wissahickon School District Board of Directors and defendants Donna Ledbeater, Barbara Moyer, Marjorie Brown, Betsy Cornish, William McKerman III, Robert McQuade, Young Park, Paul Reibach, Teresa Williams, and Wissahickon School District Superintendent Stanley J. Durtan in their individual and official capacities are DISMISSED WITHOUT PREJUDICE to plaintiff s right to file to a second amended complaint to assert a § 1983 claim consistent with the attached Memorandum if warranted by the facts and applicable law.
2. Plaintiff's claim asserted in Count Two under Section 504 of the Rehabilitation Act against the Wissahickon School District is DISMISSED WITH PREJUDICE.
3. Plaintiff's claims asserted in Count Three under Article I, § 7 and Article I, § 26 of the Pennsylvania Constitution against defendants Wissahickon School District and the Wissahickon School District Board of Directors and defendants Donna Ledbeater, Barbara Moyer, Marjorie Brown, Betsy Cornish, William McKerman III, Robert McQuade, Young Park, Paul Reibach, Teresa Williams, and Wissahickon School District Superintendent Stanley J. Durtan in their individual and official capacities are DISMISSED WITHOUT PREJUDICE to plaintiff's right to file a second amended complaint to assert an Article I, § 26 claim consistent with the attached Memorandum if warranted by the facts and applicable law.
4. Plaintiff's defamation claims asserted in Count Four against Wissahickon School District Superintendent Stanley J. Durtan and Maria Salvucci in their individual and official capacities are DISMISSED WITH PREJUDICE.IT IS FURTHER ORDERED that any second amended complaint shall be filed and served within twenty (20) days. One copy shall be served on the Court (Chambers, Room 12613) when the original is filed.