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WHIPPLE EX REL. WHIPPLE v. WARREN COUNTY SCHOOL DIST.

No. CIV.A. 00-131 ERIE.

133 F.Supp.2d 381 (2001)

Johnathon WHIPPLE, through his mother and legal guardian, Christine WHIPPLE, Plaintiff, v. The WARREN COUNTY SCHOOL DISTRICT; the Warren County School Board; James Scarnati, personally and in his official capacity as Superintendent of the Warren County School District; Darrell Jaskolka, personally and in his official capacity as a Principal of the Warren County School District; and Kenneth Fitzsimmons, personally and in his official capacity as an Assistant Principal of the Warren County School District, Defendants.

United States District Court, W.D. Pennsylvania.

December 13, 2000.

Attorney(s) appearing for the Case

Michael L. Rosenfield, Pittsburgh, PA, for Plaintiff.

G. Jay Habas, Marshall, Dennehey, Warner, Coleman & Goggin, Erie, PA, for Defendants.

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

Currently pending before the Court is the Defendants' Partial Motion to Dismiss pursuant to Rule 12(b)(6).

I. BACKGROUND

Plaintiff, Johnathon Whipple, (hereinafter "Plaintiff"), filed suit on or about May 8, 2000 against the Warren County School District, (hereinafter "District"), the Warren County School Board, (hereinafter "Board"), James Scarnati, (hereinafter "Scarnati"), the Superintendent...

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