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Jane Doe, A Minor, By and Through Jane Doe 2, Her Mother and Next Friend v. Trico Community School District No. 176

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 5, 2012

JANE DOE, A MINOR, BY AND THROUGH JANE DOE 2, HER MOTHER AND NEXT FRIEND, PLAINTIFF,
v.
TRICO COMMUNITY SCHOOL DISTRICT NO. 176, A CORPORATION,
DENNIS SMITH, JOHN DENOSKY, JERRY OHLAU AND MICHAEL JENNINGS, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the motion to alter or amend judgment pursuant to Federal Rule of Civil Procedure 59(e) (Doc. 41) filed by defendants Trico Community School District No. 176, Dennis Smith, John DeNosky, Jerry Ohlau and Michael Jennings. The motion points out that the Court granted summary judgment in the defendants' favor on the plaintiff's claims under Title IX of the Civil Rights Act of 1964, 20 U.S.C. § 1681(a), for sex-based harassment and under 42 U.S.C. § 1983 for violation of Jane Doe's Fourth Amendment right to be free of unreasonable search and seizure. However, its conclusion and the judgment in this case incorrectly identified the counts associated with these claims. Because this was a clerical error by the Court, the Court finds relief under Rule 59(e) is appropriate. Accordingly, the Court:

* GRANTS the motion to alter or amend judgment (Doc. 41), * GRANTS in part and DENIES in part the defendants' motion to dismiss, which has been construed as a motion for summary judgment (Doc. 12). The motion is GRANTED as to Counts I, II, IV, VII, X and XIII and DENIED as to Counts III, V, VI, VIII, IX, XI, XII, XIV and XV;

* DISMISSES Counts III, V, VI, VIII, IX, XI, XII, XIV and XV without prejudice for lack of jurisdiction; and

* DIRECTS the Clerk of Court to enter an amended judgment accordingly. IT IS SO ORDERED.

J. Phil Gilbert

20120305

© 1992-2012 VersusLaw Inc.



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