K.A. o/b/o her minor child, J.A. v. Abington Heights School District et al
| K.A. o/b/o her minor child, J.A. |
| Abington Heights School District, Michael Mahon, Thomas Quinn, Sam Sica, Michael Elia, Eduardo Antonetti and Brian Kelly |
| 3:2012cv02486 |
| December 12, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| Robert D. Mariani |
| Civil Rights: Education |
| 42 U.S.C. ยง 12101 Americans With Disabilities Act of 1990 |
| Plaintiff |
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Filing
112
ORDER denying 93 Motion for Partial Summary Judgment; granting 96 Motion for Summary Judgment. Judgment is hereby entered IN FAVOR OF Defendants Abington Heights School District, Michael Mahon, Ph.D., Michael Elia, Eduardo Antonetti and Brian Kelly and AGAINST Plaintiff Jacob Anderson. The Clerk of Court is directed to CLOSE the above-captioned action. Signed by Honorable Robert D. Mariani on 12/11/17 (jam)
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Filing
64
ORDER 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 liber ty 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, a nd 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 wit h 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& #039; motion is DENIED as to Count IV of Plaintiffs Second Amended Complaint. 5.Defendants' motion to dismiss Defendant Quinn in his entirety is GRANTED.ACCORDINGLV, 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.Signed by Honorable Robert D. Mariani on 4/20/15. (jfg)
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Filing
44
ORDER 1. Defendants' motion is GRANTED as to Count Iof Plaintiffs Amended Complaint. Specifically: a. Plaintiffs Fifth Amendment claim is DISMISSED WITH PREJUDICE. b. Plaintiffs Sixth Amendment claim is MOOT. c. Plaintiffs Fourteenth Amendment p rocedural due process claim is DISMISSED WITHOUT PREJUDICE. Should Plaintiff choose amend, she must state what procedural rights J.A. was deprived of, and the specific nature of the deprivation(s).d. Plaintiffs Fourteenth Amendment substantive due pr ocess claim is DISMISSED WITH PREJUDICE. 2. Defendants' motion is GRANTED as to Count II of Plaintiffs Amended Complaint. The claim for Intentional Infliction of Emotional Distress is DISMISSED WITH PREJUDICE. 3. Defendants' motion is GRANT ED IN PART AND DENIED IN PART as to Count III of Plaintiffs Amended Complaint. Specifically:a. Plaintiffs claim for Breach of Fiduciary Duty is DISMISSED WITH PREJUDICE with respect to Abington Heights School District. b. Plaintiffs claim for Breach of Fiduciary Duty is DISMISSED WITHOUT PREJUDICE with respect to Defendants Mahon and Quinn. c. Defendants' motion to dismiss Plaintiffs claim for Breach of Fiduciary Duty is DENIED with respect to Defendants Elia, Antonetti, and Kelly. 4. Defen dants' motion is GRANTED IN PART AND DENIED IN PART as to Count IV of Plaintiffs Amended Complaint. Specifically: a.Plaintiffs claim for Punitive Damages is DISMISSED WITH PREJUDICE with respect to Abington Heights School District. b. Plaintiffs claim for Punitive Damages is DISMISSED WITHOUT PREJUDICE with respect to Defendants Mahon and Quinn.DENIED with respect to Defendants Elia, Antonetti, and Kelly. Plaintiff may bring a claim for Punitive Damages for the causes of action that we have allowed to remain or dismissed without prejudice. 5. Defendants' motion is GRANTED as to Count Vof Plaintiffs Amended Complaint. The claim for Negligence is DISMISSED WITH PREJUDICE. 6. Defendants' motion is GRANTED as to Count VI of Plain tiffs Amended Complaint. Speci'flcally: a. Plaintiffs Section 504 of the Federal Rehabilitation Act claim is DISMISSED WITH PREJUDICE with respect to Defendants Mahon, Quinn, Elia, Antonetti, and Kelly. b. Plaintiffs Section 504 of the Federal R ehabilitation Act claim is DISMISSED WITHOUT PREJUDICE with respect to Abington Heights School District. Should Plaintiff choose to amend, she must sufficiently allege that (1) J.A. was disabled pursuant to Section 504 in February, 2011; (2) the mann er in which he was expelled was based on his disability; (3) he was treated differently in the hearing due to his disability; and (3) the school officials' actual decision to expel him was due to his disability. 7. Defendants' motion is GRA NTED as to Count VII of Plaintiffs Amended Complaint. Plaintiffs Civil Rights claim is DISMISSED WITH PREJUDICE. 8. Plaintiff is HEREBY GRANTED 14 days from the date of this Order to file a Second Amended Complaint as to those Counts where leave to d o so has been granted. ACCORDINGLY, the only Counts remaining are Count III (Breach of Fiduciary Duty), Count IV (Punitive Damages), Count I, with respect to the Fourteenth Amendment procedural due process claim, as to which Plaintiff is granted leave to amend against all Defendants, and Count VI (Section 504 of the Federal Rehabilitation Act) as to which Plaintiff is granted leave to amend with respect to Abington Heights School District.Signed by Honorable Robert D. Mariani on 6/27/14. (jfg)
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