K.A. o/b/o her minor child, J.A. v. Abington Heights School District et al

Defendant: Michael Mahon, Thomas Quinn, Abington Heights School District, Brian Kelly, Sam Sica, Michael Elia and Eduardo Antonetti
Plaintiff: K.A. o/b/o her minor child, J.A.
 
Case Number: 3:2012cv02486
Filed: December 12, 2012
 
Court: Pennsylvania Middle District Court
Office: Scranton Office
County: Lackawanna
Presiding Judge: Robert D. Mariani
 
Nature of Suit: Civil Rights: Education
Cause of Action: 42:12101 Americans With Disabilities Act of 1990
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 27, 2014 43 Opinion or Order of the Court MEMORANDUM OPINION - For the foregoing reasons, the Court will grant in part and deny in part Defendants' Motion to Dismiss Plaintiffs First Amended Complaint (Doc. 23). Aseparate Order follows.Signed by Honorable Robert D. Mariani on 6/27/14. (jfg)
June 27, 2014 44 Opinion or Order of the Court 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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Defendant: Michael Mahon
Represented By: William J. McPartland
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Defendant: Thomas Quinn
Represented By: William J. McPartland
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Defendant: Abington Heights School District
Represented By: William J. McPartland
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Defendant: Brian Kelly
Represented By: William J. McPartland
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Defendant: Sam Sica
Represented By: William J. McPartland
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Defendant: Michael Elia
Represented By: William J. McPartland
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Defendant: Eduardo Antonetti
Represented By: William J. McPartland
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Plaintiff: K.A. o/b/o her minor child, J.A.
Represented By: Harry P. McGrath
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