IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
July 5, 2007
CHARLES HAYES, ET AL., PLAINTIFFS,
ERIE COUNTY OFFICE OF CHILDREN AND YOUTH, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sean J. McLAUGHLIN United States District Judge
AMENDED O RDER
AND NOW , to w it, this 5th day of July, 2007, upon sua sponte rec onsideration of this Court's previous Mem orandum Opinion and Order entered on June 29, 2007,*fn1 the Court reaffirms its prior ruling and, accordingly, for the reasons previously set forth in said Mem orandum Opinion, as am ended herein,
IT IS HEREB Y OR DER ED that Defendants' Motion to Dismiss C om plaint  is GRANT ED in part and DENIED in part as follows:
1. Defendants' motion to dismiss is GRAN TED with respect to Plaintiffs' claim under 42 U .S.C. § 1983 for the alleged violation of Brittany Legler's Fourteenth Am endment substantive due process rights insofar as said claim is premised upon a "special relationship" theory;
2. Defendants' motion is GRAN TED as to Plaintiffs' prayer for punitive damages insofar as it relates to Plaintiffs' § 1983 claims against OCY and the individual Defendants in their official capacities;
3. Defendants' motion is GRAN TED with respect to Counts 3 and 4 of the Com plaint, which are founded on state law claims of negligence per se and gross negligence, respectively; and
4. In all other respects, Defendants' motion to dismiss is DENIED.