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K.A. v. Abington Heights School District

United States District Court, M.D. Pennsylvania

April 20, 2015

K.A. olblo her minor child, J.A. Plaintiff
v.
ABINGTON HEIGHTS SCHOOL DISTRICT, et al. Defendants.

ORDER

ROBERT D. MARIANI, District Judge.

AND NOW, THIS 20th DAY OF APRIL 2015, upon consideration of Defendants' Motion to Dismiss Plaintiffs Second Amended Complaint (Doc. 50) and all accompanying briefs, IT IS HEREBY ORDERED THAT the Defendants' motion is GRANTED IN PART AND DENIED IN PART; to wit:

1. Defendants' motion is GRANTED IN PART AND DENIED IN PART as to Count I of Plaintiffs Second Amended Complaint. Specifically:
a. Plaintiffs Fourteenth Amendment procedural due process claim with respect to violations of J.A.'s liberty interest is DISMISSED WITH PREJUDICE.
b. Defendants' motion to dismiss Plaintiffs Fourteenth Amendment procedural due process claim with respect to violations of J.A.'s property interest is DENIED.
c. Defendants Mahon, Elia, Antonetti, and Kelly are DISMISSED in their official capacities from Count I.
2. Defendants' motion is GRANTED as to Count II of Plaintiffs Second Amended Complaint. Specifically, Plaintiffs claim for Breach of Fiduciary Duty is DISMISSED WITH PREJUDICE with respect to Defendant Mahon.
3. Defendants' motion is GRANTED as to Count III of Plaintiffs Second Amended Complaint. Specifically, Plaintiffs claim for Punitive Damages is DISMISSED WITH PREJUDICE with respect to Defendant Mahon.
4. Defendants' motion is DENIED as to Count IV of Plaintiffs Second Amended Complaint.
5. Defendants' motion to dismiss Defendant Quinn in his entirety is GRANTED.

ACCORDINGLY, the remaining Counts are Count I (Fourteenth Amendment Procedural Due Process), Count II (Breach of Fiduciary Duty), Count III (Punitive Damages), and Count IV (Section 504 of the Rehabilitation Act) subject to the above restrictions.


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