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WILLIAMS v. DISCOVERY DAY SCH.

May 1, 1996

RONALD K. M. WILLIAMS
v.
DISCOVERY DAY SCHOOL, JAY SEID, CAROL RABE and DONNA BONFIGIDO-KNOLL



The opinion of the court was delivered by: JOYNER

 JOYNER, J.

 MAY 1, 1996

 Before this Court is Defendants Discovery Day School, Jay Seid, Carol Rabe and Donna Bonfigido-Knoll's Motion to Dismiss Plaintiff's Second Amended Complaint. Plaintiff Ronald K.M. Williams is a lawyer, but represents himself pro se in this action. Plaintiff's Second Amended Complaint alleges that he is the father of a child who is enrolled at the Discovery Day School located within the federal office building in Philadelphia. In September 1995, Plaintiff went to the School by appointment to review his son's educational records, but when he arrived, the site supervisor contacted agents of the Federal Protective Service of the General Services Administration and had him escorted from the building. As a result, Plaintiff was unable to review his son's records. A few days later, the School apologized to Plaintiff, but still refused to release the records to him because of his son's mother's objections. Accordingly, Plaintiff brought this lawsuit.

 In January, 1996, Defendants' counsel contacted Plaintiff and told him that he could review his son's records at counsel's office. When Plaintiff arrived, he discovered that the records had been redacted to such an extent that they were meaningless. Plaintiff amended his complaint to include a claim based on this incident. In total, Plaintiff makes six claims:

 
(1) violation of his First Amendment Rights to associate with and be a viable part of the development of his child;
 
(2) violation of his Fourteenth Amendment liberty interest in caring for, nurturing and developing his child;
 
(3) violations of his civil rights under 42 U.S.C. § 1983 by denying him his liberty interest in caring for, nurturing and developing his child as well as the statutory rights conferred by the Family Educational Rights and Privacy Act, (FERPA) 20 U.S.C. § 1232g (1990 & Supp. 1995);
 
(4) declaratory judgment pursuant to 28 U.S.C. § 2201;
 
(5) intentional infliction of emotional harm by using federal agents to escort him from the building while he was in clergical attire and
 
(6) interference with custodial rights pursuant to Pa. Cons. Stat. Ann. § 5309.

 Standard of Review

 In considering a Rule 12(b)(6) motion, a court must primarily consider the allegations contained in the complaint, although matters of public record, orders, items appearing in the record of the case and exhibits attached to the complaint may also be taken into account. Chester County Intermediate Unit v. Pennsylvania Blue Shield, 896 F.2d 808, 812 (3d Cir. 1990). The Court must accept as true all of the allegations in the pleadings and must give the plaintiff the benefit of every favorable inference that can be drawn from those allegations. Schrob v. Catterson, 948 F.2d 1402, 1405 (3d Cir. 1991); Markowitz v. Northeast Land Co., 906 F.2d 100, 103 (3d Cir. 1990). A complaint is properly dismissed only if ...


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