Burden v. Wilkes-Barre Area School District

MEMORANDUM

NEALON, District Judge.

In this civil rights action whereby plaintiff alleges violations of 42 U.S.C. §§ 1983, 1985(3), and seeks costs and attorney’s fees under 1986 and 1988, Defendant Wilkes-Barre Area School District filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) on October 23, 1997, and a brief in support was submitted on November 3, 1997. Plaintiff filed a brief in opposition on November 20, 1997, to which defendant replied on December 4, 1997. The Motion is ripe for determination and, for the following reasons, will be granted.

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