Gieseking v. Schafer

ORDER

SCOTT O. WRIGHT, Chief Judge.

Before the Court are the Federal and State defendants’ motion to dismiss or, in the alternative, for summary judgment as to all counts of plaintiffs’ first amended complaint. For the following reasons, the Court concludes that plaintiffs’ claims under the Rehabilitation Act and the due process clause must be dismissed. However, defendants’ motion to dismiss as to the remaining claims must be denied.

Factual Background

Plaintiffs bring this action individually and on behalf of other similarly situated individuals pursuant to Rules 23(a) and 23(b)(2) of the…