Filed: Nov. 08, 2010
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-11428 NOV 08, 2010 Non-Argument Calendar JOHN LEY CLERK _ D.C. Docket No. 5:09-cv-00423-CAR KESHEL S. COATES, lllllllllllllllllllll Plaintiff-Appellant, versus RON NATALE, Doctor, Individually in his Capacity as President of Central Georgia Technical College; CENTRAL GEORGIA TECHNICAL COLLEGE; TECHNICAL COLLEGE SYSTEM OF GEORGIA; EDDIE DIXON, Individually and in h
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 10-11428 NOV 08, 2010 Non-Argument Calendar JOHN LEY CLERK _ D.C. Docket No. 5:09-cv-00423-CAR KESHEL S. COATES, lllllllllllllllllllll Plaintiff-Appellant, versus RON NATALE, Doctor, Individually in his Capacity as President of Central Georgia Technical College; CENTRAL GEORGIA TECHNICAL COLLEGE; TECHNICAL COLLEGE SYSTEM OF GEORGIA; EDDIE DIXON, Individually and in hi..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 10-11428 NOV 08, 2010
Non-Argument Calendar JOHN LEY
CLERK
________________________
D.C. Docket No. 5:09-cv-00423-CAR
KESHEL S. COATES,
lllllllllllllllllllll Plaintiff-Appellant,
versus
RON NATALE,
Doctor, Individually in his Capacity as President
of Central Georgia Technical College;
CENTRAL GEORGIA TECHNICAL COLLEGE;
TECHNICAL COLLEGE SYSTEM OF GEORGIA;
EDDIE DIXON,
Individually and in his Capacity as Vice President of Student Affairs;
JONI JOHNSON, Individually in her Capacity as Professor,
lllllllllllllllllllll Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
________________________
(November 8, 2010)
Before EDMONDSON, BARKETT and MARTIN, Circuit Judges.
PER CURIAM:
Keshel Coates, proceeding pro se, appeals the district court’s dismissal of
her complaint against 1) Central Georgia Technical College (“CGTC”);
2) Technical College System of Georgia; 3) Dr. Ron Natale, President of CGTC;
4) Dr. Eddy Dixon, Vice President of Student Affairs at CGTC; and 5) Joni
Johnson, a professor at CGTC (collectively “Defendants”) for failure to state a
claim.
Coates’s amended complaint alleged First Amendment, equal protection,
and due process claims, pursuant to 42 U.S.C. § 1983, and state law contract-based
claims. Specifically, Coates alleged that CGTC violated her First Amendment
rights by expelling her from the College on September 5 or 6, 2007,1 in retaliation
for protected speech she made in a class. Coates mentioned in her complaint that
she was also bringing an equal protection claim, but did not describe how or why
the Defendants violated her equal protection rights. Coates further alleged that the
Defendants violated her substantive and procedural due process rights by denying
her request for a hearing. Finally, Coates alleged several state law claims,
1
Coates’s amended complaint alleged that she was expelled on September 5, 2007, but
the expulsion letter attached to her amended complaint was dated September 6, 2007.
2
including that 1) the Defendants tortiously interfered with a contract she had
entered into with the Workforce Investment Act (“WIA”), in which WIA agreed to
pay $6,000 per year toward her schooling at CGTC; and 2) the Defendants
breached the written policy in CGTC’s student handbook by failing to provide her
with a hearing so that she could challenge her expulsion.
The district court dismissed all of Coates’s claims for failure to state a
claim, pursuant to Fed.R.Civ.P. 12(b)(6). Specifically, the district court dismissed
Coates’s First Amendment and equal protection claims as being barred by the
applicable statute of limitations. The court additionally found that Coates failed to
state a procedural or substantive due process claim. Finally, the district court
ruled that Coates’s state law claims were barred by sovereign immunity and that
she otherwise failed to state a contract-based claim. Based on this record, we
affirm.
First, Coates’s First Amendment claim accrued when she learned of the
Defendants’ decision to expel her, and because she filed her complaint more than
two years after this date, the district court did not err in determining that Coates’s
First Amendment claim was barred by the two-year statute of limitations.
Second, Coates’s conclusory statement that her equal protection rights were
violated was not sufficient to state a claim for relief as she failed to allege that
3
similarly situated persons had been treated disparately by the Defendants or that
the Defendants were motivated in denying her a hearing by an unlawful factor.
See Draper v. Reynolds,
369 F.3d 1270, 1278 n.14 (11th Cir. 2004) (holding that
to state an equal protection claim, a plaintiff must allege that “through state action,
similarly situated persons have been treated disparately” and allege that the
defendants’ actions were motivated by an unlawful factor).
Third, Coates’s procedural due process claim failed to state a claim because
Coates failed to avail herself of available state procedures—namely, a writ of
mandamus issued by a state court. Cotton v Jackson,
216 F.3d 1328 (11th
Cir.2000). Coates’s substantive due process claim fails because she failed to
identify any fundamental rights that were violated by her expulsion from CGTC.
Finally, we find no merit to Coates’ arguments pertaining to her state based
claims. The district court did not err in dismissing Coates’s contract claim based
on the termination procedures in CGTC’s student handbook because the handbook
did not entitle Coates to a hearing after her expulsion unless she followed certain
procedures, which were not followed. The district court did not err in dismissing
Coates’s tortious-interference-with-contract claim because the Defendants were
4
not strangers to the contract with which they allegedly interfered, and thus, they
could not be liable under such a theory. 2
Accordingly, the district court did not err in dismissing Coates’s complaint
for failure to state a claim.
AFFIRMED.
2
Because of our resolution of Coates’ state law claims, we need not reach the question of
whether the state’s voluntary removal of the action to federal court waives sovereign immunity.
5