I.M. v. Granville County Board of Education

E.D. North Carolina

I.M. v. Granville County Board of Education

CourtDistrict Court, E.D. North Carolina

DecidedFebruary 17, 2023

Docket5:22-cv-00007

StatusUnknown

This text of I.M. v. Granville County Board of Education (I.M. v. Granville County Board of Education) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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I.M. v. Granville County Board of Education, (E.D.N.C. 2023).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

NO. 5:22-CV-7-FL

I.M. and T.R. by and through their ) respective Guardians Ad Litem, ) ) Plaintiffs, ) ) v. ) ORDER ) GRANVILLE COUNTY BOARD OF ) EDUCATION, ) ) Defendant. )

This matter is before the court upon defendant’s motion for partial dismissal of plaintiff’s amended complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (DE 29). Plaintiffs have not responded in opposition, and defendant has set forth multiple grounds for dismissal of plaintiffs’ Fourteenth Amendment due process claim and that part of plaintiff’s claim for injunctive relief based thereon. Plaintiff’s claim for damages under the Fourteenth Amendment properly is dismissed because there is no implied cause of action against a local government entity outside of 42 U.S.C. § 1983. See Cale v. City of Covington, Va., 586 F.2d 311, 318 (4th Cir. 1978). That part of plaintiff’s claim for injunctive relief based on a Fourteenth Amendment violation accordingly also is dismissed. In sum, defendant’s motion (DE 29) is GRANTED, and plaintiffs’ Fourteenth Amendment due process claim and that part of plaintiff’s claim for injunctive relief based thereon are DISMISSED WITHOUT PREJUDICE. SO ORDERED, this the 16th day of February, 2023.

( ee W. FLANAGWN United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

NO. 5:22-CV-7-FL

I.M. and T.R. by and through their ) respective Guardians Ad Litem, ) ) Plaintiffs, ) ) v. ) ORDER ) GRANVILLE COUNTY BOARD OF ) EDUCATION, ) ) Defendant. )

This matter is before the court upon defendant’s motion for partial dismissal of plaintiff’s amended complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (DE 29). Plaintiffs have not responded in opposition, and defendant has set forth multiple grounds for dismissal of plaintiffs’ Fourteenth Amendment due process claim and that part of plaintiff’s claim for injunctive relief based thereon. Plaintiff’s claim for damages under the Fourteenth Amendment properly is dismissed because there is no implied cause of action against a local government entity outside of 42 U.S.C. § 1983. See Cale v. City of Covington, Va., 586 F.2d 311, 318 (4th Cir. 1978). That part of plaintiff’s claim for injunctive relief based on a Fourteenth Amendment violation accordingly also is dismissed. In sum, defendant’s motion (DE 29) is GRANTED, and plaintiffs’ Fourteenth Amendment due process claim and that part of plaintiff’s claim for injunctive relief based thereon are DISMISSED WITHOUT PREJUDICE. SO ORDERED, this the 16th day of February, 2023.

( ee W. FLANAGWN United States District Judge

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I.M. v. Granville County Board of Education, Counsel Stack Legal Research, https://law.counselstack.com/opinion/im-v-granville-county-board-of-education-nced-2023.

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