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GRZYWNA EX REL. DOE v. SCHENECTADY CENTRAL SCHOOL

No. 05CV0187 (LEK/DRH).

489 F.Supp.2d 139 (2006)

Katie GRZYWNA, on behalf of her daughter Jane DOE, Plaintiff, v. SCHENECTADY CENTRAL SCHOOL DISTRICT, Eric Ely, both Individually and as Assistant Superintendent of the Schenectady Central School District, Nicki DiLeva, both Individually and as Assistant Principal of the Mont Pleasant Middle School, Matthew DeLorenzo, both Individually and as Assistant Principal of the Mont Pleasant Middle School, and Gary Comley, both Individually and as Principal of the Mont Pleasant Middle School, Defendants.

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

March 7, 2006.

Attorney(s) appearing for the Case

Elmer R. Keach, III, Office of Elmer R. Keach, III, Amsterdam, NY, for Plaintiff.

Mark C. Rushfield, Shaw, Perelson Law Firm, Highland, NY, for Defendants.

MEMORANDUM, DECISION and ORDER1

KAHN, District Judge.

I. FACTS

The following facts are taken from Plaintiffs Complaint (Dkt. No. 1) and, for purposes of this motion, are assumed to be true. The infant Plaintiff, Jane Doe, is a twelve year old student at the Mont Pleasant Middle School located within the Schenectady Central School District (the "School District"), Schenectady, New York. Complaint...

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