LESHER v. ZIMMERMAN et al, No. 5:2017cv04731 - Document 20 (E.D. Pa. 2018)
Court Description: OPINION/ORDER THAT THE MOTIONS TO DISMISS NOS. 10 AND 12 ARE GRANTED IN PART, AND THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/15/18. 5/15/18 ENTERED AND COPIES E-MAILED. (ky, )
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LESHER v. ZIMMERMAN et al Doc. 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ PAIGE E. LESHER, Plaintiff, : : : v. : : CLARK ZIMMERMAN, : IN HIS INDIVIDUAL CAPACITY; and : HAMBURG AREA SCHOOL DISTRICT, : Defendants : ___________________________________________ No. 5:17-cv-04731 ORDER AND NOW, this 15th day of May, 2018, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT: 1. Defendant Clark Zimmerman’s Motion to Dismiss, ECF No. 10, is GRANTED in part as follows: A. The Motion is granted based on qualified immunity because Zimmerman’s conduct did not violate a constitutional right. B. 2. The request to strike certain paragraphs is denied as moot. Defendant Hamburg Area School District’s Motion to Dismiss, ECF No. 12, is GRANTED in part as follows: A. The Motion is granted based on failure to state a claim. B. The request to strike certain paragraphs is denied as moot. 3. The Complaint, ECF No. 1, is DISMISSED without prejudice. 4. The case is CLOSED. 1 051018 Dockets.Justia.com 5. Plaintiff may, within twenty days of the date of this Order, file an amended complaint reasserting her claims against either Defendant, consistent with the Opinion. If she timely files an amended complaint, the case will be reopened. BY THE COURT: /s/ Joseph F. Leeson, Jr._____ JOSEPH F. LEESON, JR. United States District Judge 2 051018
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