United States District Court, W.D. Pennsylvania
November 29, 2005.
ELDON N. WATSON, III, Plaintiff,
DR. LAWRENCE CONNELLY, Individually, and as Superintendent of the Mercer Area School District; DR. MICHELLE RHULE, Individually, and as Principal of the Mercer Area Elementary School; and MERCER AREA SCHOOL DISTRICT.
The opinion of the court was delivered by: JOY CONTI, District Judge
On February 23, 2005 this case was referred to United States
Magistrate Judge Francis X. Caiazza for pretrial proceedings in
accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A)
and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for
On October 27, 2005, the magistrate judge issued a Report and
Recommendation (Doc.18) recommending that the District Court
grant in part and deny in part the defendants' motion to dismiss
the amended complaint (Doc. 14). It was recommended that the
following claims be dismissed with prejudice: Counts I and IV of
the complaint insofar as they pertain to defendants Rhule and
Connelly; all claims in each count of the complaint made against
Rhule and Connelly in their official capacities; and all claims
for punitive damages under the PHRA as set forth in Counts II,
III, and IV of the complaint. The magistrate judge recommended that the defendants' motion to dismiss all remaining claims be
denied. Service of the Report and Recommendation was made on all
parties and no objections have been filed. After a review of the
pleadings and documents in the case, together with the Report and
Recommendation, the following order is entered:
AND NOW, this 25th day of November, 2005, IT IS HEREBY
ORDERED that the Defendants' motion to dismiss the amended
complaint in this matter is granted in part and denied in part as
more fully described above.
The Report and Recommendation of Magistrate Judge Caiazza dated
October 27, 2005 is hereby adopted as the opinion of the court.
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