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Doe v. Alvin Indep. Sch. Dist.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
Feb 29, 2012
CIVIL ACTION NO. G-11-422 (S.D. Tex. Feb. 29, 2012)

Opinion

CIVIL ACTION NO. G-11-422

02-29-2012

JANE DOE, Individually and As Next Friend of LISA DOE, and LISA DOE, Individually v. ALVIN INDEPENDENT SCHOOL DISTRICT, ET AL.


OPINION AND ORDER

This case is now before the Court with the consent of the Parties pursuant to 28 U.S.C. § 636(b)(1)(c).

On February 3, 2012, this Court held a Hearing with counsel of record on the Defendants' Motion to Dismiss (Instrument no. 5). Having considered the Motion, the Parties' submissions and arguments, and the applicable law, the Court now issues this brief Opinion and Order.

For the reasons expressed by the Court during the Hearing, it is ORDERED that the Defendants' Motion is GRANTED as to the Plaintiffs' § 1983 failure to protect claim based upon the existence of a special relationship; the Plaintiffs' Title IX claims; and the Plaintiffs' negligence 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 Defendants' Motion is DENIED as to Plaintiffs' § 1983 failure to protect claim based upon the existence of a "state created danger" pending the completion of adequate discovery and DENIED as to Plaintiffs' § 1983 gender discrimination claim since the allowed discovery may also be relevant to the proper disposition of this claim.

DONE at Galveston, Texas, this 29th day of February, 2012.

_______________

John R. Froeschner

United states Magistrate Judge


Summaries of

Doe v. Alvin Indep. Sch. Dist.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION
Feb 29, 2012
CIVIL ACTION NO. G-11-422 (S.D. Tex. Feb. 29, 2012)
Case details for

Doe v. Alvin Indep. Sch. Dist.

Case Details

Full title:JANE DOE, Individually and As Next Friend of LISA DOE, and LISA DOE…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Date published: Feb 29, 2012

Citations

CIVIL ACTION NO. G-11-422 (S.D. Tex. Feb. 29, 2012)