Posey

Posey v. San Francisco Unified School District

Good Law
United States District Court, Northern District of CaliforniaDecember 4, 20233:23-cv-02626California3,990 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUSTIN POSEY, et al., Case No. 23-cv-02626-JSC

Plaintiffs,

ORDER RE: DEFENDANTS’

v. MOTIONS TO DISMISS AND MOTION

TO STRIKE

SAN FRANCISCO UNIFIED SCHOOL DISTRICT, et al., Re: Dkt. Nos. 16, 24 11 Defendants.

12 Plaintiffs Justin Posey and Adriana Herrera-Posey (Parent Plaintiffs) sue Defendants for claims arising from abuse suffered by their minor daughter, Student A, under Defendants’ supervision. (Dkt. No. 9.) Defendants move to dismiss claims and strike immaterial statements from Plaintiffs’ First Amended Complaint. (Dkt. Nos. 16, 24.) Having carefully considered the briefing, and with the benefit of oral argument on November 30, 2023, the Court GRANTS IN PART AND DENIES IN PART Defendants’ motions to dismiss and DENIES Defendants’ motion to strike immaterial statements. Student A’s Title VI claim against the School District is plausibly pled; all other claims are dismissed. DISCUSSION …

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