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Cohen v. Board of Trustees of the University of the District of Columbia, 14-754(EGS). (2018)

Court: District Court, D. Columbia Number: infdco20180425a52 Visitors: 8
Filed: Apr. 24, 2018
Latest Update: Apr. 24, 2018
Summary: ORDER EMMET G. SULLIVAN , District Judge . For the reasons stated in the accompanying Memorandum Opinion it is hereby ORDERED that the defendants' motion to dismiss the plaintiff's complaint as time-barred is DENIED; and it is further ORDERED that the defendants' motion to dismiss as to the plaintiff's five common law claims—trespass to chattel, conversion, bailee indebtedness, negligence, and intentional infliction of emotional distress—is GRANTED for failure to exhaust administra
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ORDER

For the reasons stated in the accompanying Memorandum Opinion it is hereby

ORDERED that the defendants' motion to dismiss the plaintiff's complaint as time-barred is DENIED; and it is further

ORDERED that the defendants' motion to dismiss as to the plaintiff's five common law claims—trespass to chattel, conversion, bailee indebtedness, negligence, and intentional infliction of emotional distress—is GRANTED for failure to exhaust administrative remedies; and it is further

ORDERED that the defendants' motion to dismiss the plaintiff's due process claim against the Board of Trustees of the University of the District of Columbia pursuant to 42 U.S.C. § 1983 is DENIED because the plaintiff stated a claim that the Sixth Master Agreement provides constitutionally insufficient process; and it is further

ORDERED that the defendants' motion to dismiss the plaintiff's due process claim against individual defendants Allen Sessoms and Graeme Baxter pursuant to 42 U.S.C. § 1983 is DENIED because the plaintiff stated a claim that these individual defendants implemented the plausibly constitutionally insufficient Sixth Master Agreement; and it is further

ORDERED that the defendants' motion to dismiss the plaintiff's due process claim against individual defendant Vernise Steadman pursuant to 42 U.S.C. § 1983 is GRANTED because the plaintiff failed to state a claim; and it is further

ORDERED that the defendants' motion to dismiss the plaintiff's due process claim against the individual defendants pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) is GRANTED because the plaintiff failed to state a claim.

SO ORDERED.

Source:  Leagle

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