R.M. EX REL. R.M. v. WAUKEE COMMUNITY SCHOOL DIST.

No. 4:08-CV-00052.

589 F.Supp.2d 1141 (2008)

R.M., D.M., and B.M., a Minor, by his Grandfather and Grandmother and Next Friends, R.M. and D.M., Plaintiffs, v. The WAUKEE COMMUNITY SCHOOL DISTRICT and Heartland Area Education Agency 11, Randy Nemitz (in his individual and official capacity), Amy Shaw (in her individual and official capacity), Wendy Foreman (in her individual and official capacity), Beverly Kikoler (in her individual and official capacity), Ann Hilliard (in her individual and official capacity), Karen Lenz (in her individual and official capacity), Sallie Leibhart (in her individual and official capacity), Stacy Marsau n/k/a Stacy Lofstrom (in her individual and official capacity), Peg Erke (in her individual and official capacity), Tara Kelly (in her individual and official capacity), Vicki Sanders (in her individual and official capacity), Roxanne Cumings (in her individual and official capacity), Nicole Tjaden (in her individual and official capacity), Tracy Kreis (in her individual and official capacity), Jason Sanders (in his individual and official capacity), Kathy Allison (in her individual and official capacity), Stacy Volmer (in her individual and official capacity), Leslie Nelson (in her individual and official capacity), Lyndsey Dittmer (in her individual and official capacity), T.G. Employee Involved in Restraining B.M. (in her individual and official capacity), Tonya Gatrel (in her individual and official capacity), and Dave Wilkerson (in his individual and official capacity), Defendants.

United States District Court, S.D. Iowa, Central Division.

December 5, 2008.


Attorney(s) appearing for the Case

Thad J. Collins, Matthew G. Novak, Pickens Barnes & Abernathy, Cedar Rapids, IA, Beth E. Hansen, Swisher & Cohrt, PLC, Waterloo, IA, for Defendants.

Jeffrey S. Carter, Jeff Carter Law Office P.C., Des Moines, IA, Bruce H. Stoltze, Eric M. Updegraff Stoltze & Updegraff PC, Des Moines, IA, for Plaintiff.


ROBERT W. PRATT, Chief Judge.

Before the Court are two motions. The first is a Motion to Dismiss or for More Definite Statement, filed July 17, 2008 by Defendants Heartland Area Education Agency 11 ("Heartland"), Kathy Allison, Ann Hilliard, Tara Kelly, Tracy Kreis, Vicki Sanders, and Stacy Volmer (collectively, "Heartland Defendants"). Clerk's No. 33. On the same date, the Waukee Community School District ("Waukee School"), Randy Nemitz, Amy Shaw, Beverly Kikoler...

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