Ecudero-Aviles v. Milton Hershey School, 1:11-cv-1858

On January 13, 2012, Chief Judge Kane granted Defendant Milton Hershey School’s motion to dismiss and dismissed Plaintiff’s complaint with prejudice.  The lawsuit arose from Defendant’s decision to expel Plaintiff from the school, which Plaintiff alleged violated his rights under the United States Constitution pursuant to 42 U.S.C. § 1983 as well as the Americans with Disabilities Act.  The Court found that Defendant was not a state actor, and thus not subject to liability under Section 1983.  Finally, the Court found that because Plaintiff failed to allege a disability or discrimination based on a disability the Americans with Disabilities Act claim failed as a matter of law.

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