Pagano Ex Rel. Pagano v. Massapequa Public Schools

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Defendants move to dismiss the complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction and failure to state a claim pursuant to 42 U.S.C. § 1983. Defendants argue that no “special relationship” exists between defendants and plaintiff giving rise to a duty on the part of defendants to protect plaintiff from harm; that there is no affirmative duty, under the Due Process Clause, to protect plaintiff since the Due Processs Clause does not guarantee minimal levels of safety and…