DOE v. PLUM BOROUGH SCHOOL DISTRICT et al
| JANE DOE |
| PLUM BOROUGH SCHOOL DISTRICT, RYAN KOCIELA, TIMOTHY GLASSPOOL, MARK KOST, JASON COOPER and BOROUGH OF PLUM, PENNSYLVANIA |
| 2:2017cv00032 |
| January 6, 2017 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Nora Barry Fischer |
| Civil Rights: Education |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
51
MEMORANDUM OPINION indicating that, for reasons more fully stated within, Motions to Dismiss (Docket Nos. 21 and 24 filed by the Borough of Plum and Mark Kost are granted, in part, and denied, in part. The Court finds that Plaintiffs Fourteenth Amendment substantive due process claim at Count I, to the extent raised pursuant to the state-created danger theory of liability, is viable. Plaintiff's claims asserted under Monell, shall also proceed. However, any substantive due process c laim raised pursuant to a failure to investigate or reckless investigation, is dismissed, with prejudice. Similarly, Plaintiff's intentional infliction of emotional distress and negligence claims at Counts III and IV are dismissed, with prejudice. Signed by Judge Nora Barry Fischer on 8/15/17. (jg)
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