The opinion of the court was delivered by: McLAUGHLIN, District Judge.
Plaintiff, Nicole Lindsley, through her parent and legal
guardian, Theresa Kolodziejczack, (hereinafter "Plaintiff")
seeks in this action declaratory relief and compensatory and
punitive damages for alleged violations of the Civil Rights Act
of 1871, 42 U.S.C. § 1983, the Individuals with Disabilities
Education Act ("IDEA"), 20 U.S.C. § 1400, et. seq., as amended
by Pub.L. 105-17 at § 615(I)(3)(A) 1997; the Rehabilitation Act
of 1973, 29 U.S.C. § 794, and the Americans with Disabilities
Act of 1990, 42 U.S.C. § 12101. The Defendants are the public
school district where Plaintiff formerly attended school and
various administrators and officials of this district. Presently
before this Court are Defendants' Motion to Dismiss [Doc. No. 3]
and Plaintiffs Motion to Amend the Complaint to Delete Requested
Forms of Relief [Doc. No. 6]. In the latter motion, Plaintiff
seeks to amend the Complaint to request only compensatory and
punitive damages. For the reasons set forth below, we will grant
the Defendants' motion and deny the Plaintiffs.
a. A rendition of Jesus carrying a cross with the
words "The Sin of the World" inscribed on the cross.
The message on the shirt states "Lord's Gym. Bench
b. "U Must Be Born Again. Jesus Saves. John 3:3."
c. "Get a Life. Follow Jesus."
e. "Rejoice. Jesus Christ. He's the Real King."
f. A rendition of a young man holding a lamb, with
the message "I have a Good Shepherd."
g. "Our God is an Awesome God."
h. A rendition of a hand bloodied by a large spike,
with the message "His Pain Our Gain."
i. "There is Only One Way. He's Jesus."
j. "Christ our Savior Sanctifier, Healer and Coming
m. W.W.J.D. [What Would Jesus Do?]
n. "With God All Things Are Possible."
Cmplt. ¶ 33. Plaintiff alleges that other students harassed her
verbally and physically on an almost daily basis. Cmplt. ¶ 34.
She was repeatedly called names such as "Jesus Freak," "God
Praiser," "Jesus Lover," "bitch," and "whore," Students said
things such as "God is never coming back. We hate God" and "I'm
Jesus, you have to worship me now." A female student threatened
to stab Plaintiff and on another occasion, a male student
twisted her arm. Two boys doused Plaintiff with cologne and
threatened to light her on fire while she was walking home from
her bus stop. In one class, students left notes stating that
"Jesus Sucks," "Nicole Sucks," and Natasha "does her mother."
Cmplt. ¶¶ 34-35. Plaintiffs house and her mother's car were
pelted with eggs and their telephone and cable lines were cut.
Cmplt. ¶ 36. When Plaintiff and Natasha objected to a Reading
class assignment on the subject of witches, the teacher stated
in front of the class, "[i]f you don't want to do this kind of
work, you should go to another school." Cmplt. ¶ 35.
It is alleged that both Plaintiff and Natasha complained to
defendants Snyder and McClelland, the Principal and
Vice-Principal of the school, respectively, on numerous
occasions. Cmplt. ¶ 37. In response, these defendants generally
indicated that they would investigate the complaints but did not
effectively discipline any of the students. Snyder and
McClelland often indicated that the problems were the girls' own
fault and on one occasion McClelland said to Plaintiff, "[w]e
all know you are a Christian. You don't have to wear those
clothes everyday." Cmplt. ¶ 37. Allegedly to discourage
Plaintiff and Natasha from making more complaints, these
defendants told them that if they punished the students who were
the subject of the complaints, they would have to punish the
girls as well. Cmplt. ¶ 37. Plaintiffs mother also made frequent
complaints to the Principal and Vice-Principal to no avail;
after one complaint McClelland told her that, "[y]our daughter
is asking for trouble, wearing those shirts." Cmplt. ¶¶ 39-40.
Plaintiff alleges that as a result of the students' conduct,
it became difficult for her to concentrate and focus on her
school-work and consequently, that her grades declined
substantially in her seventh grade year. Cmplt. ¶ 41. She also
had nightmares about being stabbed, was afraid to attend school
and missed 21 days in the first three grading periods. Cmplt. ¶
36. At the end of the first quarter, Nicole received failing
grades in Science, English and World Cultures and defendant
DeMarco, a guidance counselor at the school, sent a letter to
Plaintiffs mother informing her that Plaintiff was in academic
danger for the school year. Cmplt. ¶ 41. De-Marco sent a similar
letter after Plaintiff received failing grades in Science,
Reading and English in the second quarter. In the third quarter,
Plaintiff received failing grades English and Mathematics, and
incomplete marks in Science and World Cultures. Cmplt. ¶¶ 41-42.
No district official ever requested permission to evaluate
Plaintiff. Cmplt. ¶ 6. In order to lessen Plaintiff's contact
with some of the worst students, Defendants changed her class
schedule. Cmplt. ¶ 37. On March 31, 2001, Plaintiff transferred
to Girard Alliance Christian Academy.
Plaintiff contends that the Defendants' have violated her
federal constitutional rights to equal protection, substantive
due process and freedom of speech. She also contends that they
have violated her rights under IDEA, the Rehabilitation Act of
1973, and the Americans with Disabilities Act of 1990.
Defendants move to dismiss pursuant to Federal Rules of Civil
Procedure 12(b)(1) and 12(b)(6) on the basis that Plaintiff has
failed to state any claim. Plaintiff ...