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16-2044 - LESER v. INDIANAPOLIS PUBLIC SCHOOLS et al


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16-2044 - LESER v. INDIANAPOLIS PUBLIC SCHOOLS et al
July 28, 2017
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ENTRY ON MOTION TO DISMISS AND OTHER PENDING MOTIONS - The Court GRANTS in part and DENIES in part Defendants' Motion to Dismiss (Filing No. 15). Leser's claims are ripe for review and dismissal for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) is not warranted. A motion to dismiss pursuant to Rule 12(b)(6) does not test whether the plaintiff will prevail on the merits but instead whether the claimant has properly stated a claim. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). The Court grants dismissal of Leser's claim that Defendant's violated her Garrity rights. All other claims have survived the initial hurdle of a motion to dismiss. In addition, the Court DENIES Leser's Motion for Leave to File Surreply (Filing No. 42), and DENIES Leser's Motion for Attorney's Fees (Filing No. 43). See Entry for details. Signed by Judge Tanya Walton Pratt on 7/28/2017. (MAT)