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GRSM Secures Complete Dismissal on Behalf of Public School District in Constitutional Rights Case

Gordon Rees Scully Mansukhani Livingston Partner Roy Viola secured the dismissal of claims in the United States District Court for the Eastern District of Pennsylvania on behalf of a public school district in a constitutional rights matter arising from allegations of student bullying and retaliation.

The plaintiff alleged that classmates on the district’s high school swim team spread hurtful rumors about her, which she reported to school officials. She further alleged that the swim team’s head coach and assistant coach retaliated against her after she reported the incidents and that the school district failed to intervene.

GRSM moved to dismiss the claims at the outset of the litigation, arguing that the plaintiff’s allegations failed to state a viable constitutional claim. The court granted GRSM’s motion, finding that the plaintiff failed to adequately allege a state-created danger or demonstrate a violation of her due process rights.

The ruling reflects GRSM’s strategic approach to addressing claims early in litigation, which resulted in the efficient dismissal of a case that otherwise could have required significant time and resources to defend.