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Moeck v. Pleasant Valley School District

United States District Court, Third Circuit

November 14, 2013

LORI MOECK, in her capacity as parent and natural guardian of C.M. and A.M.; C.M., a minor; and A.M., a minor, Plaintiffs
v.
PLEASANT VALLEY SCHOOL DISTRICT; DOUGLAS C. ARNOLD, Superintendent of Schools, Pleasant Valley School District; ANTHONY A. FADULE, Assistant Superintendent of Schools, Pleasant Valley School District; JOHN J. GRESS, Principal, Pleasant Valley School District; MARK GETZ, Wrestling Coach Pleasant Valley School District, Defendants

ORDER

JAMES M. MUNLEY, District Judge.

AND NOW, to wit, this 14th day of November 2013, the motion to dismiss filed by Defendants Pleasant Valley School District, Douglas C. Arnold, Anthony A. Fadule; and John Gress (Doc. 30) is granted in part and denied in part as follows:

1) The motion to dismiss Lori Moeck is DENIED. She is not a named party in her own right;

2) The motion is DENIED as moot with regard to state-law claims in Counts I and II because these counts contain no state-law claims;

3) The motion to dismiss the school district from Counts I and II is DENIED;

4) The motion to dismiss Counts I and II with regard to holding Defendants Arnold, Fadule and Gress liable on a basis of respondeat superior is DENIED because the plaintiff does not pursue such a theory of liability;

5) The motion to dismiss the Equal Protection claim in Counts I and II is GRANTED as unopposed;

6) The motion to dismiss the Due Process claims from Counts I and II is DENIED;

7) The motion to dismiss Defendants Arnold, Fadule and Gress from the Count II state-created danger claim is GRANTED as unopposed. The motion is DENIED as to the state-created danger claim against the school district. The school district and Defendant Getz remain as defendants under Count II;

8) The motion to dismiss based upon qualified immunity is DENIED; and

9) The motion to dismiss Count V, Title IX is DENIED.


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