McCue
McCue v. SOUTH FORK UNION ELEMENTARY SCHOOL
Opinion
Opinion
Wanger, J.
MEMORANDUM DECISION REGARDING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S THIRD AMENDED COMPLAINT (Doc. 25).
I. INTRODUCTION.
Plaintiffs proceed with this civil rights action pursuant to 42 U.S.C. § 1983 against various Defendants. Plaintiffs filed a third amended complaint (“TAC”) on October 29, 2010. (Doc. 41). Defendants filed a motion to dismiss the TAC on November 12, 2010. (Doc. 42). Plaintiffs filed opposition to the motion to dismiss on January 17, 2011. (Doc. 47). Defendants filed a reply on January 24, 2011. (Doc. 48)..
II. RELEVANT FACTUAL BACKGROUND.
Plaintiff P.M. was a student at South Fork Elementary School (“the School”) at all times relevant to this action. The School is part of the South Fork Union School District (“the District”). Plaintiffs Lawrence and Darlene McCue are P.M.’s parents (“the McCues”). Moving Defendants Shannon Damron, Sabine Mixion, Robin Shive, and Karen Zurin were teachers and administrators at the School all times relevant to this action.
P.M. is allergic to nuts. On December 12, 2006, the McCues met with the School’s Principal, Robin Shive (“Shive”), to request accommodations for P.M.’s nut allergy from the School. Shive advised the…