IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SANICQUA APONTE AND D.H., CIVIL ACTION
Plaintiffs, POTTSTOWN SCHOOL DISTRICT, NO. 18-3199
Defendants.
ORDER
AND NOW, this 11th day of July, 2019, upon consideration of Defendants Wade’s Motion to Dismiss the Second Amended Complaint and briefing in support thereof (ECF Nos. 32, 41), and Plaintiff briefing in opposition thereto (ECF Nos. 39, 45), IT IS HEREBY ORDERED that Defendant Wade’s motion is GRANTED. Plaintiff’s claims against Defendant Wade are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, upon consideration of the District Defendants’ Motion to Dismiss the Second Amended Complaint and briefing in support thereof (ECF Nos. 33, 42), and Plaintiff briefing in opposition thereto (ECF Nos. 40, 46), it is hereby ordered that the District Defendants’ motion is GRANTED IN PART AND DENIED IN PART as follows:
1. The District Defendants’ motion to dismiss Plaintiff’s claims against Defendants
Oxenford, Moyer, Rodriguez, Stillwell, Jacobs, and Schroeder is GRANTED.
Plaintiff’s claims against Defendants Oxenford, Moyer, Rodriguez, Stillwell,
Jacobs, and Schroeder are DISMISSED WITH PREJUDICE.
2. The District Defendants’ motion to dismiss Plaintiff’s claims brought pursuant to
the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq.
(“IDEA”) and Section 504 of the Rehabilitation Act of 1973, 19 U.S.C. § 794(a)
(“Section 504”) against Defendant Pottstown School District is DENIED, except 2 that Plaintiff’s requests for compensatory and punitive damages under the IDEA and punitive damages under Section 504 are DISMISSED WITH PREJUDICE. 3. The District Defendants’ motion to dismiss Plaintiff’s claims brought pursuant to common law assault and 42 U.S.C. § 1983 against Defendant Pottstown School District is GRANTED. Plaintiff’s claims brought pursuant to common law assault and 42 U.S.C. § 1983 against Defendant Pottstown School District are
DISMISSED WITH PREJUDICE BY THE COURT:
/S/WENDY BEETLESTONE, J.
3
WENDY BEETLESTONE, J