Pollard v. Georgetown School District et al
| Jennifer Pollard |
| Georgetown School District, Heidi Mongeau, Peter Lucia, Brian Gill and Carol Jacobs |
| 1:2014cv14043 |
| October 30, 2014 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Essex |
| Denise J. Casper |
| Civil Rights: Education |
| 20 U.S.C. ยง 1400 |
| Plaintiff |
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Filing
32
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS IN PART and DENIES IN PART Defendants' motion to dismiss. Count I (negligence the District) and Count IV (equal protection) are DISMISSED WITHOUT PREJUDICE. Count II (negligence individual Defendants), Count III (denial of the right to a free and appropriate education), Count V (procedural due process) and Count VI (freedom of association) are DISMISSED WITH PREJUDICE. On Count VII, the Court DENIES Defend ants' motion on the Rehabilitation Act retaliation claim against the District, DISMISSES WITH PREJUDICE the Rehabilitation Act retaliation claims against the individual Defendants and DISMISSES WITHOUT PREJUDICE the First Amendment and the Massa chusetts Declaration of Rights retaliation claims against all Defendants. On Count VIII, the Court DISMISSES WITH PREJUDICE the MCRA claim against the District and DISMISSES WITHOUT PREJUDICE the MCRA claims against the individual Defendants and the Fourteenth Amendment and the Massachusetts Declaration of Rights substantive due process claims against all Defendants. On Count IX (Title VI), the Court DISMISSES WITH PREJUDICE against the individual Defendants and DISMISSES WITHOUT PREJUDICE aga inst the District. On Count X (intentional infliction of emotional distress), the Court DISMISSES WITH PREJUDICE against the District and DISMISSES WITHOUT PREJUDICE against the individual Defendants. On Count XI (negligent infliction of emotional distress), the Court DISMISSES WITH PREJUDICE against the individual Defendants and DISMISSES WITHOUT PREJUDICE against the District. If Pollard seeks to amend the portions of the amended complaint dismissed without prejudice, she must file a second amended complaint by no later than October 7, 2015. (Hourihan, Lisa)
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