K.A. v. UPPER PERKIOMEN SCHOOL DISTRICT

Civil Action No. 11-2610.

K.A., a minor, by her guardians and natural parents, JENNIFER ALLEBACH and BRIAN ALLEBACH, Plaintiffs, v. UPPER PERKIOMEN SCHOOL DISTRICT, DUANE WICKARD, in his individual capacity and as an agent of the Upper Perkiomen School District Education Center, ARTHUR VIGILANTE, in his individual capacity and as an agent of the Upper Perkiomen School District Education Center, and TIMOTHY KIRBY Ph.D., in his individual capacity and as an agent of the Upper Perkiomen School District Education Center, Defendants.

United States District Court, E.D. Pennsylvania.

June 21, 2012.


Attorney(s) appearing for the Case

K.A., A MINOR, BY HER GUARDIANS AND NATURAL PARENTS, Plaintiff, represented by STEVEN F. MARINO , MARINO & ASSOCIATES PC.

JENNIFER ALLEBACH, Plaintiff, represented by STEVEN F. MARINO , MARINO & ASSOCIATES PC.

BRIAN ALLEBACH, Plaintiff, represented by STEVEN F. MARINO , MARINO & ASSOCIATES PC.

UPPER PERKIOMEN SCHOOL DISTRICT, Defendant, represented by JOSEPH P. CONNOR , CONNOR WEBER & OBERLIES, PC & STEVEN M. LIERO , CONNOR WEBER & OBERLIES.

DUANE WICKARD, IN HIS INDIVIDUAL CAPACITY AND AS AN AGENT OF THE UPPER PERKIOMEN SCHOOL DISTRICT EDUCATION CENTER, Defendant, represented by JOSEPH P. CONNOR , CONNOR WEBER & OBERLIES, PC & STEVEN M. LIERO , CONNOR WEBER & OBERLIES.

ARTHUR VIGILANTE, IN HIS INDIVIDUAL CAPACITY AND AS AN AGENT OF THE UPPER PERKIOMEN SCHOOL DISTRICT EDUCATION CENTER, Defendant, represented by JOSEPH P. CONNOR , CONNOR WEBER & OBERLIES, PC & STEVEN M. LIERO , CONNOR WEBER & OBERLIES.

TIMOTHY KIRBY, PH.D., IN HIS INDIVIDUAL CAPACITY AND AS AGENT OF THE UPPER PERKIOMEN SCHOOL DISTRICT EDUCATION CENTER, Defendant, represented by JOSEPH P. CONNOR , CONNOR WEBER & OBERLIES, PC & STEVEN M. LIERO , CONNOR WEBER & OBERLIES.


MEMORANDUM

JAN DuBOIS, District Judge.

This case arises out of the alleged sexual abuse of a minor, K.A., by Brian Miller, who, at the time of the alleged abuse, was a music teacher at Upper Perkiomen Middle School. K.A., filed a Complaint on April 15, 2011, setting out sixteen claims against the school district and three of its administrators relating to the alleged abuse. The first five of these claims were brought under 42 U.S.C...

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