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GM (Minor) by and through his guardian ad litem, LYNN MASON Plaintiff, v. LINCOLN COUNTY SCHOOL DISTRICT, NICK LUPO, Principal, in his official and indi

MCSHANE, Judge

ORDER MCSHANE, Judge:

Magistrate Judge Jolie A. Russo filed a Findings and Recommendation (ECF No. 31), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Defendant filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9 Cir. 1981). I conclude the report is correct.

I adopt the Findings and Recommendation (ECF No. 31). Defendants' motion to dismiss, ECF No. 13, is GRANTED to the extent plaintiff's Rehabilitation Act and ADA claims are brought against Defendants in their individual capacity or pursuant to 42 U.S.C. § 1983. Defendants' motion to dismiss is DENIED in all other respects. Plaintiff's motion to amend (ECF No. 20) is DENIED as to plaintiff's 42 U.S.C. § 1983 claim against Lincoln County School District, restraint and seclusion claim under ORS § 339.288, and Rehabilitation Act and ADA claims based on individual liability and/or asserted under 42 U.S.C. § 1983. Plaintiff's motion to amend is GRANTED in all other respects. IT IS SO ORDERED.

DATED this 28th day of June, 2017.

/s/ Michael J. McShane


Michael J. McShane


United States District Judge

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GM (Minor) By & Through His Guardian Ad Litem v. Lincoln Cnty. Sch. Dist.
(Jun 28, 2017)