Frazer v. Temple University

25 F. Supp. 3d 598, 2014 WL 2547076, 2014 U.S. Dist. LEXIS 76562
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 5, 2014
DocketCivil Action No. 13-2675
StatusPublished
Cited by26 cases

This text of 25 F. Supp. 3d 598 (Frazer v. Temple University) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frazer v. Temple University, 25 F. Supp. 3d 598, 2014 WL 2547076, 2014 U.S. Dist. LEXIS 76562 (E.D. Pa. 2014).

Opinion

MEMORANDUM OPINION

NITZAI. QUIÑONES ALEJANDRO, District Judge.

INTRODUCTION

Before this Court is a motion to dismiss filed by Defendant Temple University (“Defendant” or “Temple”), pursuant to Federal Rule of Civil Procedure (Rule) 12(b)(6), which seeks the dismissal of all federal and state claims asserted against it. [ECF 1-21]. Emily Frazer (“Plaintiff’ or “Frazer”) opposes the motion [ECF 1-27], making the motion to dismiss ripe for disposition.1

For the reasons stated herein, the motion to dismiss is granted.

BACKGROUND

On January 11, 2013, Plaintiff filed a civil rights action asserting various federal and state law claims against Temple, Andrew Cerett (“Cerett”), and Allied Barton Security Services, LLC (“Allied Barton”). The federal causes of action asserted against Temple are: civil rights claims under 42 U.S.C. § 1983 (“§ 1983”) for violating Plaintiffs substantive due process and equal protection rights guaranteed by the Fourteenth Amendment; illegal seizure in violation of the Fourth Amendment; creating a hostile educational environment and retaliation ■ in violation of Title IX, 20 U.S.C. § 1681; and violation of 20 U.S.C. § 1092(f) (the “Clery Act”).2 The state law causes Of action asserted against Temple are: negligence, intentional infliction of emotional distress, and violations of the Pennsylvania constitution. [ECF 1-1].

Defendant filed' the instant motion to dismiss on March 22, 2013.3 When ruling on this motion, this Court must accept, as true, the relevant allegations in Plaintiffs complaint, to wit:

Frazer is an adult female, and has been a full-time student at Temple since January 2010, (Comp. ¶¶ 6-7), and initially attended Temple on a full athletic scholarship to play volleyball. (Id. at ¶ 30).
Defendant Cerett is an adult male, who was a full-time student at Temple from May 2010 until May 2011. (Id. at ¶ 16). Cerett was also a student athlete with a full scholarship as a punter for the -Temple football team during that same time period. (Id. at ¶¶ 17-18). When Plaintiff filed her complaint, Cer-ett was 21 years old, six foot five inches tall, and weighed 260 pounds. (Id. at ¶ 19).
At all relevant times, Plaintiff lived in Temple’s dormitory building which has controlled access. That is, every Temple dormitory building is equipped with [605]*605electronic card readers, (Id at ¶ 37), and each dormitory resident has a student identification card that when swiped, grants access only into their own dormitory building. (Id at ¶¶ 38, 40). When visiting another dormitory, guests must sign in and be granted access by security staff and then escorted by one of the dormitory residents. (Id at ¶¶ 4(M2). Security is required to retain a guest’s identification until the guest signs out and leaves the building. (Id at ¶ 45).
From August 2010 to May 2012, Plaintiff lived on the fifth floor of the Cecil B. Moore dormitory building with two roommates. (Id at ¶ 46). Cerett lived on the same dormitory floor as Plaintiff with his roommate, Adam Metz, from August 2010 to December 2010, when Temple moved Cerett out of the dormitory. (Id at ¶¶ 47, 49). Plaintiff and Cerett dated briefly on and off from August 2010 until January 2011. (Id at ¶ 50).
On January 17, 2011, Plaintiff ended her 'relationship with Cerett. (Id at ¶ 51). At approximately 10 PM on the evening of January 21, 2011, Cerett entered the lobby area of Plaintiffs dormitory building visibly intoxicated to the dormitory security. (Id at ¶ 54). Contrary to established security protocols and procedures, the dormitory security did not ask Cerett for identification or require him to sign in and/or identify the guest he was visiting. (Id at ¶¶ 56-58). Cerett walked past security uninterrupted and took the elevator to Plaintiffs floor. (Id at ¶ 60).
At the time, Plaintiff and some of her friends were gathered in a dormitory room of another fellow student on Plaintiffs floor. (Id at ¶ 61). Another student, Anthony Lee, knocked on the student’s dormitory room door and asked to enter. (Id at ¶ 62). Cerett, who was hiding behind Anthony Lee when the door was opened, forced his way inside the room. (Id at ¶ 63). Cerett tried to convince Plaintiff to speak with him, but Plaintiff and her two roommates left the room immediately and entered another dormitory room -across the hall. (Id at ¶¶ 64-65). Cerett waited outside that dormitory room, and when that door was opened, he forced his way into the room and began yelling at Plaintiff. (Id at ¶ 66-68). Plaintiff left the room and ran down the hall to her own suite. (Id at ¶ 69). Once in her suite, Plaintiff attempted to shut the door behind her, but Cerett kicked the door open, entered without permission, (Id at ¶¶ 70-71), screamed and threatened Plaintiff, stating “if I can’t have you no one can have you.” (Id at ¶¶ 72-73).
Plaintiff repeatedly asked Cerett to leave. (Id at ¶ 77). She ran to her bedroom within the suite and attempted to shut the door, (Id at ¶ 78), but Cerett forced his way into the bedroom, slammed the door shut, and blocked the doorway. (Id at ¶ 79). Cerett continued his threats to kill Plaintiff, as she pleaded with him to leave and not harm her. (Id at ¶¶ 80-81). One of Plaintiffs roommates and another male student restrained Cerett, forced him into the common area of the suite, and called Temple’s police. (Id at ¶¶ 82-84). As the police were being called, Cerett left the suite, (Id at ¶85), and punched through a window in the dormitory hallway leaving blood on the walls of the hallway. (Id at ¶ 86).
While eluding the police, Cerett called and texted Plaintiffs cell phone. (Id at ¶ 88). Campus police instructed Plaintiff to answer a call from Cerett and coax him into telling her where he was hiding. (Id at ¶ 89). The campus police found Cerett hiding on the third floor of the dormitory building and took [606]*606him into custody. (Id. at ¶ 90). While in custody, Cerett called Plaintiff several times that evening. (Id. at ¶ 92).
Plaintiff left campus and did not return until January 24, 2011. (Id. at ¶¶ 91, 93). A disciplihary hearing before the University Student Conduct Board (Board) pertaining to the January 21, 2011 incident was scheduled for February 18, 2011. (Id. at ¶ 94). In the meantime, Cerett .was permitted to remain on campus pending the hearing. (Id. at ¶ 99). During that period, Cerett repeatedly followed Plaintiff, sat outside of her dormitory building, (Id. at ¶¶ 101-103), and on one occasion, followed Plaintiff into the cafeteria and stood directly beside her while she conversed with a fellow student. (Id. at ¶ 104). Plaintiff informed the University of Cer-ett’s conduct but no corrective measures were taken, though Plaintiff was temporarily banned from the Edge dormitory building. (Id. at ¶¶ 105-107).

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Bluebook (online)
25 F. Supp. 3d 598, 2014 WL 2547076, 2014 U.S. Dist. LEXIS 76562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazer-v-temple-university-paed-2014.