Pozos Leon v. Tillamook County School District et al
| Laura Pozos Leon |
| Community Action Team Incorporated, Community Action Team, Incorporated of Columbia County, Oregon, Jay Marugg, Northwest Regional Education Service District, Gwen Russell, Randy Schild, Tillamook County School District and Tillamook Head Start |
| 3:2017cv00440 |
| March 17, 2017 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Paul Papak |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
71
Opinion and Order - The Court declines to adopt the Findings and Recommendation (ECF 54 ). Defendant Northwest Regional ESD's motion to dismiss (ECF 35 ) is GRANTED. The Tillamook County School District Defendants' motion to dismiss (ECF 36 ) is GRANTED IN PART. Defendant Community Action Team's motion to dismiss (ECF 33 ) is GRANTED IN PART. As currently pleaded, Plaintiffs may proceed but only on the following claims: (1) M.D.'s Fourth Amendment claim against TCSD, Russ ell, and Schild; (2) M.D.'s state-created danger claim against TCSD; and (3) M.D.'s negligence claims against TCSD, Russell, Schild, and CAT. If Plaintiffs believe, consistent with Rule 11, that they can cure the deficiencies identified in this Opinion and Order, Plaintiffs have leave to file a further amended complaint within 14 days of the date of this Opinion and Order. Signed on 5/11/2018 by Judge Michael H. Simon. (mja)
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