CIVIL ACTION NO. G-11-422
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