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PADILLA v. SCHOOL DIST. NO. 1, DENVER COLO.

No. 98-WY-1262-CB.

35 F.Supp.2d 1260 (1999)

Shayne PADILLA, through her legal guardian and next friends, Mariano PADILLA and Michelle Padilla, Plaintiff, v. SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, COLORADO; Denver School District Board of Education; Patrice Hall, Cynthia Rose, Maria Diaz, Jean Boggs, and Jeannie Hayes, individually and in their official capacities as employees of School District No. 1 in the City and County of Denver, Colorado, Defendants.

United States District Court, D. Colorado.

January 19, 1999.

Attorney(s) appearing for the Case

Patrick A. Mooney, Denver, CO, for plaintiffs.

Linda M. Davison, Law Office of Kathleen Mullen, P.C., Denver, CO, for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS IN PART AND DENYING IT IN PART

BRIMMER, District Judge.

This matter comes before the Court pursuant to Defendants' motion to dismiss Plaintiff's complaint under Rules 12(b)(1) and (b)(6) of the Federal Rules of Civil Procedure. The Court, being fully advised of the premises, FINDS and ORDERS:

Background

Shayne Padilla was an eleven-year old (at the time of filing...

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