Wormuth

Wormuth v. Lammersville Union Sch. Dist.

Good Law
305 F. Supp. 3d 1108
United States District Court, Eastern District of CaliforniaJanuary 22, 2018No. 2:15–cv–01572–KJM–EFBCalifornia11,486 words

Opinion

Lead Opinion

Mueller, J.

The court has issued an order granting defendants' motion for clarification under Federal Rule of Civil Procedure 60(a). ECF No. 181. The court explained it would issue the instant amended order granting in part and denying in part defendants' motion for summary judgment. Id.; see ECF No. 170 (Dec. 12, 2017 MSJ Order). The order is amended as reflected at page 24:18-26 and page 31:15-17 below; page 31:25-28 is now moot.

A five-year-old boy with a speech impediment was bullied and harassed at school. His parents, on his behalf, now sue the school district and several individual district employees for not preventing bullying and for not adequately responding to it. Plaintiff contends defendants' inaction amounts to equal protection and substantive due process violations, disability discrimination and negligence. Defendants move for summary judgment. Mot., ECF No. 102. Plaintiff opposes. Opp'n, ECF No. 113. The court held a hearing on September 22, 2017. Hr'g Mins., ECF No. 147. As explained below, the court GRANTS in part and DENIES in part defendants' motion.

I. BACKGROUND

A. Factual Disputes and Evidentiary Objections

The following facts are undisputed unless otherwise stated.…

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