Browning v. Evans

ORDER

STECKLER, District Judge.

This matter is before the Court upon the motion of defendants to dismiss or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 12(b)(1), 12(b)(6) and 56.

For the reasons stated below, defendants’ motion to dismiss the complaint due to lack of subject matter jurisdiction pursuant to Rule 12(b)(1) is granted. 1

Facts

Plaintiff Troy Browning (“Troy”), a fourteen year old student at Decatur Township Junior High School, brought this action by his parents in June 1988. Troy has been identified as seriously emotionally handicapped (“SEH”) for purposes of…