B.M.H. v. School Board of Chesapeake

OPINION AND ORDER

CLARKE, District Judge.

This matter comes before the Court on the Defendants’ Motion to Dismiss the Plaintiffs’ Amended Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. The Amended Complaint contains three counts: Count I asserts a claim under 42 U.S.C. § 1983 against all Defendants; Count II asserts a 42 U.S.C. § 1983 claim against the Defendant School Board only; and, Count III asserts a cause of action against all Defendants under Virginia law based upon pendent and diversity jurisdiction.…