497 F.Supp.2d 709 (2007)

Charles HAYES, et al., Plaintiffs, v. ERIE COUNTY OFFICE OF CHILDREN AND YOUTH, et al., Defendants.

United States District Court, W.D. Pennsylvania.
July 5, 2007.
Paul J. Susko, The Gideon Ball House, Erie, PA, for Plaintiffs.
Edmond R. Joyal, Jr., Law Office of Joseph S. Weimer, Pittsburgh, PA, Wallace J. Knox, Erie, PA, for Defendants.


McLAUGHLIN, District Judge.

AND NOW, to wit, this 5th day of July, 2007, upon sua sponte reconsideration of this Court's previous Memorandum Opinion and Order entered on June 29, 2007,1 the Court reaffirms its prior ruling and, accordingly, for the reasons previously set forth in said Memorandum Opinion, as amended herein,

IT IS HEREBY ORDERED that Defendants' Motion to Dismiss Complaint [3] is GRANTED in part and DENIED in part as follows:

1. Defendants' motion to dismiss is GRANTED with respect to Plaintiffs' claim under 42 U.S.C. § 1983 for the alleged violation of Brittany Legler's Fourteenth Amendment substantive due process rights insofar as said claim is premised upon a "special relationship" theory;

2. Defendants' motion is GRANTED as to Plaintiffs' prayer for punitive damages insofar as it relates to Plaintiffs' § 1983 claims against OCY and the individual Defendants in their official capacities;

3. Defendants' motion is GRANTED with respect to Counts 3 and 4 of the Complaint, which are founded on state law claims of negligence per se and gross negligence, respectively; and

4. In all other respects, Defendants' motion to dismiss is DENIED.


1. In our Memorandum Opinion accompanying the June 29, 2007 Order, this Court included the following language in the section outlining our standard of review:


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