Killoran et al v. Westhampton Beach School District et al
||Aiden Killoran and Christian Killoran
||Claire Bean, Joyce Donnesson, James N. Hulme, George R. Kast, Jr., Suzanne M. Mensch, Michael Radday, Stacy Rubio, Halsey C. Stevens and Westhampton Beach School District
||February 16, 2017
||US District Court for the Eastern District of New York
||Central Islip Office
||Steven I. Locke
||Arthur D. Spatt
|Nature of Suit:
||Civil Rights: Education
|Cause of Action:
||42 U.S.C. § 1983 Civil Rights Act
|Jury Demanded By:
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|September 27, 2019
MEMORANDUM & ORDER granting in part and denying in part 60 Motion to Dismiss for Failure to State a Claim; denying 62 Motion for Partial Summary Judgment; For the foregoing reasons, Plaintiffs' motion for partial summary judgment is DENIE D as to: (1) Plaintiffs' IDEA claim; (2) Plaintiffs' ADA claim; (3) Plaintiffs' Section 1983 claim; and (4) Plaintiffs' Section 504 claim. Defendants' motion to dismiss is GRANTED as to: (1) Plaintiffs' IDEA claim agains t all Defendants; (2) Plaintiffs' ADA claim against the individual Defendants; (3) Plaintiffs' Section 1983 claim against all Defendants; (4) Plaintiffs' Section 504 claim against the individual Defendants; and (6) Plaintiffs' req uest for equitable relief. Accordingly, Plaintiffs' ADA and Section 504 claims against the individual Defendants are DISMISSED WITH PREJUDICE. Additionally, Plaintiffs' IDEA-based, due process-based, and discrimination-based Section 1983 c laims against all Defendants are DISMISSED WITH PREJUDICE. Plaintiffs' IDEA claim and equal protection-based Section 1983 claims against all Defendants are DISMISSED WITHOUT PREJUDICE. Additionally, Plaintiffs' request for equitable relief is DISMISSED WITHOUT PREJUDICE. Defendants' motion to dismiss is DENIED as to: (2) Plaintiffs' ADA claim against the District and (4) Plaintiffs' Section 504 claim against the District. Discovery shall proceed on Plaintiffs' seco nd and fourth causes of action. The parties did not move with respect to Plaintiffs' fifth and seventh causes of action--appeals of the 2017 and 2018 administrative decisions--and they survive this Memorandum and Order. Within fourteen (14) days of the date of this Memorandum and Order, the parties shall submit a joint status report regarding the fifth and seventh causes of action. The Clerk of the Court is directed to mail a copy of this Order to the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 9/27/2019. C/M; C/ECF (Valle, Christine)
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