Legal Opinion

J.M. v. Ozark Horizon State School

District Court, W.D. Missouri

Decided June 17, 2025No. 6:23-cv-03222Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI J.M., by and through G.M. and W.S., et al., Plaintiffs, v. Case No. 23-3222-CV-S-MDH OZARK HORIZON STATE SCHOOL, et al., Defendants. ORDER Before this Court is Defendants’ Motion to Dismiss. (Doc. 40). Defendants move to dismiss Plaintiffs’ First Amended Petition for Damages arguing Plaintiffs have failed to state a claim under the Americans with Disabilities Act and Rehabilitation Act; are barred from recovering emotional distress, mental anguish and punitive damages; and fail to state a claim for fraud. Defendant…

2Cases cited8 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Southers v. City of FarmingtonSupreme Court of Missouri · 2008
  3. Randolph v. RodgersCourt of Appeals for the Eighth Circuit · 1999
  4. Brenda Davis v. Michelle L. MungerCourt of Appeals for the Eighth Circuit · 2021
  5. Curt Peters and Cheri Peters v. Wady Industries, Inc., and Patrick TerrioSupreme Court of Missouri · 2016

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