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PAGANO BY PAGANO v. MASSAPEQUA PUBLIC SCHOOLS

No. 88 CV 3609.

714 F.Supp. 641 (1989)

Sean PAGANO, an infant by his mother, Robin PAGANO, Plaintiffs, v. MASSAPEQUA PUBLIC SCHOOLS, James I. Brucia, individually and in his capacity as the Superintendent of the Massapequa Public Schools, Herbert J. Pluschau, individually and in his capacity as the Superintendent of the Massapequa Public Schools, John Podsiadlo, individually and in his capacity as Principal of Lockhart Elementary School, Defendants.

United States District Court, E.D. New York.

June 19, 1989.

Attorney(s) appearing for the Case

Michael Jude Jannuzzi, Huntington, N.Y., for plaintiffs.

Henry A. Weinstein, Garden City, N.Y., for defendants.

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Defendants move to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction and failure to state a claim pursuant to 42 U.S.C. § 1983. Defendants argue that no "special relationship" exists between defendants and plaintiff giving rise to a duty on the part of defendants to protect plaintiff from harm; that there is no affirmative...

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