Walsh

Walsh v. Tehachapi Unified School District

Good Law
827 F. Supp. 2d 1107·2011 WL 5156791·2011 U.S. Dist. LEXIS 125175
United States District Court, Eastern District of CaliforniaOctober 28, 2011Case 1:11-cv-01489 LJO JLTCalifornia9,848 words

Opinion

Opinion

O'Neill, J.

ORDER ON DEFENDANTS’ MOTIONS TO DISMISS

Pending before the Court are Defendants’ motions to dismiss. Defendants Tehachapi Unified School District (“School District”), Superintendent Richard Swanson (“Swanson”), Principal Susan Ortega (“Ortega”), and Vice Principal Paul Kaminski (“Kaminski”) filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Similarly, Defendants Shari Kabonic (“Kabonic”), Laura Haight (“Haight”), Annette Kirby (“Kirby”), and Martin Feehan (“Feehan”) filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff Wendy Walsh (“Walsh”) has opposed the motions. Upon careful consideration of the parties’ submissions and the entire record in this case, the Court GRANTS IN PART and DENIES IN PART Defendants’ motions.

I. BACKGROUND

Walsh is the mother and successor-in-interest of Seth Walsh (“Decedent”), a thirteen-year-old boy who committed suicide in September 2010. (Doc. 1-3, Am. Compl., ¶¶4, 51.) Swanson, Ortega, and Kaminski are the Superintendent of the School District, the principal of Jacobsen Middle School, and the vice principal of Jacobsen Middle School, respectively. (Id. ¶¶ 8-10.) Kirby, Haight,…

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