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BROZUSKY EX REL. BROZUSKY v. HANOVER TP.

No. 3:CV-01-1326.

222 F.Supp.2d 606 (2002)

Kyle BROZUSKY, a minor in his own right and by and through his parent and natural guardian Jolene Brozusky, Jolene BROZUSKY, Individually Plaintiffs, v. HANOVER TOWNSHIP, Hanover Area School District, Defendants.

United States District Court, M.D. Pennsylvania.

September 20, 2002.

Attorney(s) appearing for the Case

Lesa S. Gelb, Cefalo & Associates, West Pittston, PA, for plaintiffs.

Fred B. Buck, Sandra L. Jacques, Rawle & Henderson, LLP, Philadelphia, PA, John P. Finnerty, Dougherty Leventhal & Price, LLP, Moosic, PA, for defendants.

MEMORANDUM

VANASKIE, Chief Judge.

The dispositive issue in this case is whether local government entities may be held liable under 42 U.S.C. § 1983 for failing to take action that purportedly would have minimized the risk of a child being struck by an automobile when arriving late for school. While there may be liability under the state law of negligence, the alleged failure of defendants Hanover Township and the Hanover Area School District...

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