Case 2:07-Cv-00579-TFM-RCM Document 50 Filed 09/22/08 Page 1 of 32
Case 2:07-cv-00579-TFM-RCM Document 50 Filed 09/22/08 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA D.J., parent and natural guardian on behalf ) of C.J., a minor, and D.J., in her own right, ) Plaintiff, ) ) vs. ) Civil Action No. 07-579 ) STEVENS ELEMENTARY SCHOOL, ) MARK ROOSEVELT, Superintendent, ) Judge McVerry Pittsburgh Public Schools, JOSEPH ) Magistrate Judge Mitchell FORISKA, Principal, XAVIER, minor, ) and T.P., a minor, ) Defendants. ) REPORT AND RECOMMENDATION I. Recommendation It is respectfully recommended that the motion for summary judgment submitted on behalf of defendants Stevens Elementary School, Mark Roosevelt, and Joseph Foriska (Docket No. 35) be granted. It is further recommended that the motion for summary judgment submitted on behalf of defendant T.P. (Docket No. 37) be granted, that the case be dismissed as to Defendant Xavier and the judgment be entered accordingly. II. Report Plaintiff, D.J., parent and natural guardian on behalf of C.J., a minor and in her own right, brings this action against Defendants, Stevens Elementary School (“Stevens”), Mark Roosevelt (the Superintendent of Pittsburgh Public Schools), Joseph Foriska (principal of Stevens), and minors Xavier and T.P. Her claims arise out of an incident that occurred on or about January 3, 2007 when the complaint alleges that C.J., then an eleven-year old student at Stevens, was attacked in a bathroom by other students including Xavier and T.P. In this lawsuit, Plaintiff Case 2:07-cv-00579-TFM-RCM Document 50 Filed 09/22/08 Page 2 of 32 seeks to impose liability on Xavier and T.P., as well as on Stevens, Roosevelt and Foriska (together, the “School District Defendants”).
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