Philadelphia attorneys Dawn Doherty and Mary Labaree were successful in obtaining a Dismissal under F.R.C.P. 12(b)(6) in the U.S. District Court for the Middle District of PA. Plaintiff claimed deprivation of her rights under the U.S. Constitution by a county governmental agency charged with ensuring the safety of children and named employees of the agency.
The opinion adopted the report and recommendations of the Magistrate Judge, which was “appealed” by Plaintiff. The Court drafted a lengthy memorandum describing the bases for the opinion overruling Plaintiff’s objections to the Magistrate’s opinion, touching on issues of immunity of individuals, agencies and intentional infliction of emotional distress.