Donovan v. Pittston Area School District et al
| Janet Donovan |
| Pittston Area School District, Anthony Guariglia, Bruce Knick, Kent Bratlee, John Donahue and Charles Sciandra |
| 3:2014cv01657 |
| August 25, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Luzerne |
| Malachy E Mannion |
| Employment |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
61
MEMORANDUM (Order to follow as separate docket entry)(PLEASE SEE MEMORANDUM FOR COMPLETE DETAILS). Signed by Honorable Nitza I Quinones Alejandro on 10/31/16. (lh)
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Filing
28
ORDER (memorandum filed previously as separate docket entry). defendants motion to dismiss, (Doc. 11), is GRANTED IN PART and DENIED IN PART. Counts I and III of plaintiffs amended complaint, (Doc. 9), are DISMISSED WITHOUT PREJUDICE for failure to e xhaust statutory remedies. Plaintiffs 14th Amendment substantive due process claim in Count II is DISMISSED WITH PREJUDICE. Plaintiffs constitutional claim against PASD is DISMISSED WITHOUT PREJUDICE to file a second amended complaint to properly sta te a procedural due process claim against this defendant under Monell. Plaintiff is directed to file her second amended complaint only to correct her defect as to PASD in Count II within 15 days of the date of this Order. Plaintiffs claims against th e five board of education members in their official capacity are DISMISSED WITH PREJUDICE. Plaintiffs 14th Amendment procedural due process claim in Count II is PERMITTED TO PROCEED as against the five board of education members in their individual c apacity. Plaintiffs claim for punitive damages in Count II against the five board members in their individual capacity is PERMITTED TO PROCEED. Plaintiffs claim for attorneys fees in Count II is PERMITTED TO PROCEED. Amended Pleadings due by 7/2/2015.Signed by Honorable Malachy E Mannion on 6/17/15. (bs)
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