not allege that Lee should have been able to provide more or
better treatment to Eric.
Plaintiffs also assert that Lee was engaged in the conspiracy
with the police officers: they state that she must have known
that Eric's injuries were serious and that she deliberately
underplayed their extent in an attempt to corroborate the police
officers' stories. However, plaintiffs' own evidence indicates
that Lee contacted outside help because she was unable to provide
Eric with the assistance she needed. The claim that Lee was
engaged in a conspiracy is supported by no evidence whatsoever.
State Law Claims
The plaintiffs appear to assert state law claims against these
defendants. However, as there is no basis for federal
jurisdiction over these three defendants, the court declines to
exercise supplemental jurisdiction. Any state law claims will be
dismissed without prejudice. Consequently, the court does not
rule on defendants' claims regarding immunity under state law for
state causes of actions.
The School District's motion for summary judgment must be
granted because plaintiffs have provided no evidence of any
affirmative policy or of any lack of training that would reveal
deliberate indifference. Similarly, McGuire must be dismissed
because there is no allegation that she was even present the day
of the event and neither is there any evidence from which
respondeat superior liability could be imposed. Finally, Lee's
motion must be granted because her actions cannot be found to
display deliberate indifference.
An appropriate Order follows.
AND NOW, this 26th day of June, 1999, upon consideration of
the Motion for Summary Judgment submitted by Defendants School
District of Philadelphia, Anna McGuire, and Angela Lee, and the
response thereto, it is hereby ORDERED that the Motion is
GRANTED. Defendants McGuire, Lee, and the School District of
Philadelphia are dismissed from this action. This disposition has
no effect on plaintiffs' claims against the other defendants.