Pape et al v. Wappingers Central School District et al
| William Pape, Nancy E Pape and Rebecca Pape |
| The Board of Education of the Wappingers Central School District and Richard A. Powell |
| Wappingers Central School District, Joseph Corrigan and Wayne Gersen |
| Rebecca Pape, William Pape and Nancy E Pape |
| 7:2007cv08828 |
| September 29, 2009 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kenneth M. Karas |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Filing
28
OPINION AND ORDER:For the reasons stated herein, Defendants' motion to dismiss is granted in part and denied in part. Plaintiffs' claims that accrued prior to October 12, 2004 are time-barred. In addition, Plaintiffs' claims against Po well that accrued prior to June 30, 2005 are likewise time-barred.Plaintiffs' equal protection claim is also dismissed. However, Plaintiffs' due process claims arising out of Defendants' alleged failure to implement the October 12, 200 4 IHO Order and any due process violations subsequent to October 12, 2004 remain. Further, the Court directs the Parties to submit supplemental briefing on whether Plaintiffs have stated any claims against Powell that accrued on or after June 30, 200 5. The parties' submissions are due within thirty days of this order, and may not exceed ten double-spaced pages.The Clerk of the Court is respectfully requested to terminate the pending motion. (Dkt. No. 25.) Motions terminated: 25 MOTION to Dismiss. filed by Richard A. Powell, The Board of Education of the Wappingers Central School District. SO ORDERED (Signed by Judge Kenneth M. Karas on 9/28/2009) (rj)
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