Fields
Fields v. Palmdale School District
Opinion
Opinion
Selna, J.
ORDER RE DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT [FRCP 12(b)(6) ]
The Plaintiffs in this case, all of whom are parents of public school children (collectively the “Parents”), brought suit against Defendants Palmdale School District, Michael Geisser, Arland Atwood, and Kristi Seymour (collectively the “District”) based on the District’s distribution of a sexually-explicit survey to their children at Mesquite Elementary School (“Mesquite”) in January of 2002. The case is now before this Court on the District’s Motion to dismiss the Parents’ Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Court, finding a “lack of a cognizable legal theory” on the Parents’ federal claims, Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.1988), dismisses the federal causes of action for failure to state a claim upon which relief may be granted, Fed.R.Civ.P. 12(b)(6), and further dismisses the Parents’ state law causes of action on jurisdictional grounds. The Motion is granted.
I. Background
The Complaint alleges the following facts, which the Court assumes are true for the purposes of this Motion. Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38…