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B.M.H. BY C.B. v. SCHOOL BD.

Civ. A. No. 2:92cv1221.

833 F.Supp. 560 (1993)

B.M.H., an infant, who sues By her mother and father and next friends, C.B. and P.B., and C.B. and P.B., Plaintiffs, v. The SCHOOL BOARD OF the CITY OF CHESAPEAKE, VIRGINIA, in its official capacity, and Linda Singleton, individually, and in her official capacity as a Teacher at Crestwood Middle School for the 1990-91 School Year, and Edward Gary Webb, individually, and in his official capacity as a Teacher at Crestwood Middle School for the 1990-91 School Year, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

September 23, 1993.

Attorney(s) appearing for the Case

Bruce Howard Kushner, Chesapeake, VA, Michael F. Imprevento, Andrew Michael Sacks, Stanley E. Sacks, Sacks, Sacks & Imprevento, Norfolk, VA, for plaintiffs.

Carol Thomas Stone, John O. Easton, Virginia Futral Shevlin, Jordan, Coyne, Savits & Lopata, Fairfax, VA, for defendants.

OPINION AND ORDER

CLARKE, District Judge.

This matter comes before the Court on the Defendants' Motion to Dismiss the Plaintiffs' Amended Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. The Amended Complaint contains three counts: Count I asserts a claim under 42 U.S.C. § 1983 against all Defendants; Count II asserts a 42 U.S.C. § 1983 claim against the...

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