Legal Opinion

Kelley v. Mayhew

District Court, D. Maine

Decided September 23, 2013No. Civil No. 1:12-CV-00390-NTPublishedCited by 5 opinions

1Opinion of the Court

ORDER ON DEFENDANTS’ MOTION TO DISMISS

NANCY TORRESEN, District Judge.

This case comes before the Court on the Defendants’ motion to dismiss the Complaint for lack of subject-matter jurisdiction and failure to state a claim (ECF No. 4). For the following reasons, the Defendants’ motion to dismiss is denied.

Background

The Plaintiff, Rosemary S. Kelley, alleges the following facts in the Complaint. Since childhood, Kelley has had hearing loss and worn hearing aids. Compl. ¶ 6 (ECF No. 3-2). She had worked as a teacher’s assistant at Sonshine Nursery School (“Sonshine”) in Friendship, Maine for 31…

2Cases cited47 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Ex Parte YoungSupreme Court of the United States · 1908
  4. Perry v. SindermannSupreme Court of the United States · 1972
  5. Paul v. DavisSupreme Court of the United States · 1976

42 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Pollack v. Regional School Unit 75District Court, D. Maine · 2014
  2. Huertas Leon v. Colon-RondonUnited States District Court · 2019
  3. DOYLE v. MSAD 51District Court, D. Maine · 2021
  4. Garcia-Castro v. Commonwealth of Puerto RicoDistrict Court, D. Puerto Rico · 2024
  5. MCKENNA v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICESDistrict Court, D. Maine · 2024

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