Vigil v. Regents of the University of Michigan

980 F. Supp. 2d 790, 2013 WL 5435282, 2013 U.S. Dist. LEXIS 140342
CourtDistrict Court, E.D. Michigan
DecidedSeptember 30, 2013
DocketCase No. 10-14401
StatusPublished
Cited by4 cases

This text of 980 F. Supp. 2d 790 (Vigil v. Regents of the University of Michigan) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vigil v. Regents of the University of Michigan, 980 F. Supp. 2d 790, 2013 WL 5435282, 2013 U.S. Dist. LEXIS 140342 (E.D. Mich. 2013).

Opinion

OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

PATRICK J. DUGGAN, District Judge.

This lawsuit arises from Plaintiffs dismissal from the University of Michigan’s doctoral program in November 2007, after he failed to complete his dissertation within six years of becoming a candidate. The matter presently is before the Court on Defendants’ motion for summary judgment, filed pursuant to Federal Rule of Civil Procedure 56 on August 1, 2013. The motion has been fully briefed and, on September 13, 2013, this Court issued a notice informing the parties that it is dispensing with oral argument pursuant to Eastern District of Michigan Local Rule 7.1. For the reasons that follow, the Court now grants Defendants’ motion.

I. Procedural Background

Plaintiff initiated this lawsuit on November 3, 2010, by filing a pro se complaint against the Regents of the University of Michigan (“Regents”) and Drs. Edie Goldenberg (“Dr. Goldenberg”), Donald Herzog (“Dr. Herzog”), Christina Whitman (“Dr. Whitman”), and Anna Kirkland (“Dr. Kirkland”). Dr. Goldenberg is the Director of Graduate Studies in the Political Science Department at the University of Michigan (“UofM”) and Drs. Herzog, Whitman, and Kirkland are UofM faculty members.

Plaintiff is suing the individual defendants in their personal and official capacities. He asserts the following claims against all Defendants: (1) retaliation in violation of his First Amendment rights under 42 U.S.C. § 1983; (2) violation of his substantive and procedural due process rights under § 1983; (3) violation of his rights under the Equal Protection Clause pursuant to § 1983; (4) retaliation in violation of his free speech rights under the Michigan Constitution; (5) violation of his due process rights under the Michigan Constitution; (6) violation of his equal protection rights under the Michigan Constitution; (7) breach of express or implied contract; (8) defamation; (9) tortious interference with contractual or advantageous business relationships; (10) intentional infliction of emotional distress; and (11) race and ethnic discrimination in violation of Michigan’s Elliott-Larsen Civil Rights Act.

On March 25, 2011, Defendants filed a motion to dismiss in which they asserted several reasons why they believed Plaintiffs Complaint fails to state a claim upon which relief may be granted. The Court granted Defendants’ motion in an opinion and order filed July 28, 2011, 2011 WL 3204762, focusing primarily on Defendants’ statute of limitations defense. (ECF No. 23.) The Court concluded that all but Plaintiffs breach of contract claims are time-barred under the applicable statutes of limitations and should be dismissed with prejudice. The Court also found that Plaintiff failed to assert any specific allegations of defamatory conduct to state a defamation claim. Although timely asserted, the Court declined to exercise supplemental jurisdiction over Plaintiffs breach of contract claim and dismissed that claim [794]*794without prejudice. Plaintiff filed an appeal and the Sixth Circuit Court of Appeals affirmed in part and reversed in part. Vigil v. Regents of the Univ. of Michigan, No. 11-2075 (6th Cir. Dec. 6, 2012) (unpublished op.).

The appellate court affirmed the Court’s dismissal of Plaintiffs claims to the extent they are based on Defendants’ alleged failure to provide Plaintiff with sufficient academic support to complete the doctoral program. The court however held that Plaintiffs claims, to the extent they are based on his dismissal from the program, are not time-barred. Thus the panel remanded the matter to this Court “for further proceedings on [Plaintiffs] remaining claims regarding the alleged breach of contract and his dismissal from the program in 2007.” Id. at 4.

Following the Sixth Circuit’s mandate, Defendants filed the pending motion for summary judgment.

II. Summary Judgment Standard

Summary judgment pursuant to Rule 56 is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed R. Civ. P. 56(a). The central inquiry is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986). After adequate time for discovery and upon motion, Rule 56 mandates summary judgment against a party who fails to establish the existence of an element essential to that party’s case and on which that party bears the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

The movant has the initial burden of showing “the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. at 2553. Once the movant meets this burden, the “nonmoving party must come forward with specific facts showing that there is a genuine issue for trial.” Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (internal quotation marks and citation omitted). To demonstrate a genuine issue, the nonmoving party must present sufficient evidence upon which a jury could reasonably find for that party; a “scintilla of evidence” is insufficient. See Liberty Lobby, 477 U.S. at 252, 106 S.Ct. at 2512.

“A party asserting that a fact cannot be or is genuinely disputed” must designate specifically the materials in the record supporting the assertion, “including depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials.” Fed.R.Civ.P. 56(c)(1). The court must accept as true the nonmovant’s evidence and draw “all justifiable inferences” in the non-movant’s favor. See Liberty Lobby, 477 U.S. at 255, 106 S.Ct. at 2513.

III. Factual Background

Plaintiff was accepted for graduate study in UofM’s Political Science Department beginning the Fall 1991 term. He achieved doctoral candidacy status in September 2001. At that stage, a doctoral candidate must plan, execute, and successfully defend his or her dissertation. (PL’s Aff. [ECF No. 43], Ex 12.)

UofM’s graduate school provides guidelines for dissertations. According to those guidelines, a dissertation committee is generally comprised of four individuals satisfying specific eligibility requirements. The [795]*795graduate student is responsible for forming his or her dissertation committee. (See id., Exs. 12,13.)

Plaintiff did not form his first dissertation committee until September 2003. (Defs.’ Mot. Ex. D at 3.) The committee consisted of Dr. Herzog as chair, Dr. Whitman, Dr. Jonathan Simon, and Dr. Noga Morrag-Levine. (Id.) In an e-mail dated February 26, 2004, Dr. Herzog advised Plaintiff (apparently in response to the latter’s request to schedule a defense of his dissertation):

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Joseph Vigil v. Regents of the University of Mich.
609 F. App'x 349 (Sixth Circuit, 2015)
Mooneyham v. Equifax Information Services, LLC
99 F. Supp. 3d 720 (W.D. Kentucky, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
980 F. Supp. 2d 790, 2013 WL 5435282, 2013 U.S. Dist. LEXIS 140342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vigil-v-regents-of-the-university-of-michigan-mied-2013.