The opinion of the court was delivered by: SHADUR
MILTON I. SHADUR, UNITED STATES DISTRICT JUDGE
1. violations of plaintiffs' constitutional rights in the course of a child abuse investigation (in this respect plaintiffs' claims are brought under 42 U.S.C. § 1983 ("Section 1983")); and
2. various pendent state-law claims.
This Court's October 31, 1988 memorandum opinion and order (the "Opinion," 699 F. Supp. 1270) dismissed all counts as to the individual defendants,
leaving District alone as a potential target.
As to the latter, the Opinion also dismissed a number of the counts advanced in the most recent recasting of plaintiffs' complaint (the "Complaint"), leaving open only two claims against District:
1. Count 1's Section 1983 claim and
2. Count 4's pendent state-law claim of intentional or reckless infliction of emotional distress.
District has now moved under Rule 56 for summary judgment on both those claims. For the reasons stated in this memorandum opinion and order, District's motion is granted as to Count 1 while Count 4 is dismissed without prejudice.
District comprises one high school, a middle school and eight elementary schools and is governed by a seven-member Board of Education ("Board"). District's Superintendent Clyde Slocum ("Slocum") reports directly to Board. Principal Marie Plozay ("Plozay") of Hough Street School ("Hough"), attended by Ashley and Lara, reports to District's Associate Superintendent, who in turn reports to Slocum. Hough psychologist Lorenz Peterson ("Peterson") reports to Plozay as well as to District's Director of Special Services.
District's Administrative Council, made up of several District officials including its Superintendent and the principals of the various schools, bears responsibility for adopting administrative procedures necessary for the implementation of Board policies. In November 1981 Board adopted a written policy as to reporting suspected child abuse or neglect in accordance with the Abused and Neglected Child Reporting Act (Ill. Rev. Stat. ch. 23, paras. 2051-2061.7).
And in June 1986 the Administrative Council adopted a procedure for the reporting of suspected child abuse:
School personnel having reasonable cause to believe that a child may be abused or neglected shall:
-- inform their immediate supervisor;
-- immediately report or cause a report to be made to the Department of Child and Family Services (DCFS);
-- submit a written report of the abuse to the Director of Special Services and the Superintendent;
-- cooperate with the investigation by DCFS.
On March 17, 1987 Ashley was a first grader and Lara was a second grader at Hough. On that day Ashley's teacher Margaret Gruber ("Gruber") notified Plozay that Ashley was complaining of a sore finger that she had injured by putting her hand behind her to protect herself from her father's spanking. At Plozay's suggestion Ashley saw Hough's health aide Mary O'Boyle ("O'Boyle") at the end of the day. O'Boyle saw that Ashley's finger was swollen and told her to tell her mother to put ice on the finger. That evening Gruber drove Ashley home -- whether because Ashley accidentally missed the school bus or because she ...