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J.S. EX REL. SIMPSON v. THORSEN

Civil Action No. 2:10cv501.

766 F.Supp.2d 695 (2011)

J.S., an infant who sues by his next friend and Mother, Deborah M. SIMPSON, Plaintiff, v. James D. THORSEN, both in his Official Capacity as Executive Director for Facilities and Maintenance for Suffolk Public Schools and in his Individual Capacity, and Terry Napier, aka Fred Die Teryl Napier, both in his Official Capacity as Assistant for Facilities and Maintenance for Suffolk Public Schools and in his Individual Capacity, and Suffolk City School Board, and Deran R. Whitney, Interim Superintendent for Suffolk Public Schools, Defendants.

United States District Court, E.D. Virginia, Norfolk, Virginia.

February 25, 2011.

Attorney(s) appearing for the Case

David S. Bailey, Esq. , for Plaintiff.

Wendell M. Waller, Esq. , for Defendant.

OPINION AND ORDER

MARK S. DAVIS, District Judge.

This matter is before the Court on a Motion to Dismiss Plaintiff's Amended Complaint brought by Defendants James D. Thorsen ("Thorsen"), Terry Napier ("Napier"), Suffolk City School Board ("School Board") and Deran R. Whitney ("Whitney"), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. After examining the motion, associated briefs, and the Amended Complaint, the Court finds that oral...

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