T.K et al v. Barnstable Public Schools et al
| G.K., T.K and V.K. |
| Meg Mayo-Brown, Town of Barnstable, Patrick Clark and Barnstable Public Schools |
| 1:2017cv11781 |
| September 18, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Barnstable |
| Civil Rights: Education |
| 20 U.S.C. ยง 1415 |
| None |
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Filing
71
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS BPS's motion for summary judgment, D. 54.(Hourihan, Lisa)
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Filing
28
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS IN PART and DENIES IN PART Defendants' motion to dismiss, D. 11, to the following extent: Plaintiffs' Title IX claim (Count I) may proceed against BPS. The Co urt dismisses with prejudice Plaintiffs' negligence-based claims (Counts II, III, VII, IX), ADA and Rehabilitation Act claims (Counts IV and V). These allegations, even as amended, lack specificity and do not clearly indicate that the harassment itself was because of her sex, suggesting that this harassment alone would fall short of forming the basis of a Title IX claim. See Harrington v. City of Attleboro, 172 F. Supp. 3d 337, 344 (D. Mass. 2016). § 1983 claim (Count VI) and intentional infliction of emotional distress claim against BPS and the Town (Count VIII). That is, the only claim that may proceed is Plaintiffs' Title IX claim as to BPS.Plaintiffs' motion to amend their complaint, D. 23, is ALLOWED, but only as to the claim not dismissed in this Memorandum and Order.(Hourihan, Lisa)
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