IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
K.E., : CIVIL ACTION NO. 1:15-CV-1634
Plaintiff : (Chief Judge Conner)
ORDER
AND NOW, this 18th day of May, 2016, upon consideration of the motions to dismiss filed by defendants Lincoln Intermediate Unit 12 (“Lincoln”) (Doc. 21) and Dover Area School District (“the District”) and Richard Nilsen (“Nilsen”) (Doc. 22), and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1. The motion (Doc. 21) to dismiss filed by Lincoln is GRANTED to the
extent it seeks dismissal of Count III of plaintiff K.E.’s amended
complaint (Doc. 4) with respect to the 42 U.S.C. § 1983 claim. The
motion (Doc. 21) is DENIED in all other respects.
2. The motion (Doc. 22) to dismiss filed by the District and Nilsen is
GRANTED in part as follows:
a. Count I is DISMISSED with prejudice as to the Individuals with
Disabilities Education Act, 20 U.S.C. § 1400 et seq.; Section 504 of
the Rehabilitation Act of 1973, 29 U.S.C. § 794; and Fourth
Amendment claims.
b. Nilsen is DISMISSED from the above-captioned matter. The
official-capacity claims are DISMISSED with prejudice, and the
individual-capacity claims are DISMISSED without prejudice.
c. The motion (Doc. 22) is DENIED in all other respects. 2 3. K.E. is granted leave to amend her pleading within twenty (20) days of
the date of this order. Consistent with paragraph 1, K.E. may correct
the deficiency in Count III by adding Lincoln Intermediate Unit 12 as a
defendant on Counts I and II. In the absence of a timely filed second
amended complaint, the above-captioned action shall proceed on the
remaining claims.
/S/ CHRISTOPHER C. CONNER
Middle District of Pennsylvania
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