Doe et al v. Alvin Independent School District et al
| Lisa Doe and Jane Doe |
| Alvin Independent School District, Fred Brent, Karen Windsor, Eugene Lewis, Jr., Carrie Martin and Unknown AISD Student |
| 3:2011cv00422 |
| September 13, 2011 |
| US District Court for the Southern District of Texas |
| Galveston Office |
| Brazoria |
| John R Froeschner |
| Kenneth M. Hoyt |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
31
OPINION AND ORDER granting in part and denying in part 5 Motion to Dismiss - the Motion is GRANTED as to Pltfs § 1983 failure to protect claim based upon the existence of a special relationship; the Pltfs Title IX claims; and the Pltfs neglige nce claim against Alvin Independent School District and those claims are hereby DISMISSED, without prejudice to being reasserted if discovery discloses evidence of the claims viability. It is further ORDERED that the Dfts Motion is DENIED as to Plai ntiffs § 1983 failure to protect claim based upon the existence of a state created danger pending the completion of adequate discovery and DENIED as to Pltfs § 1983 gender discrimination claim since the allowed discovery may also be relevant to the proper disposition of this claim.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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