Brantley v. State of Maryland

Filing 3

MEMORANDUM. Signed by Judge James K. Bredar on 7/16/14. (c/m 7/17/14 mps, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
JOHN D. BRANTLEY
Plaintiff

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STATE OF MARYLAND

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Civil Action No. JKB~i:4-2116

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Defendant

MEMORANDUM
The above-captioned
proceed in forma pauperis.

complaint was filed on July I, 2014, together with a motion to
Because he appears to be indigent, plaintiffs

motion shall be

granted. For the reasons that follow, the complaint must be dismissed.
Plaintiff alleges that the University of Maryland was "contributorily negligent" in the
maintenance of records regarding his enrollment in a Master's Degree program.

As a result of

the alleged poor record-keeping, which plaintiff, claims violates various sections of Maryland's
code of administrative regulations and other state laws, plaintiff claims he lost money and was
not awarded the degree he alleges he has earned. ECF I at pp. 4 - 9.' He asserts that all of his
claims regarding alleged violations of Maryland law violate his First Amendment rights to free
assembly lind to petition the government as well' as his Fifth Amendment right to due process.
Jd. at p. 2.
Notwithstanding

plaintiffs

conclusional assertions that his constitutional

rights have

been violated, the allegations asserted fail to state a cognizable federal claim.

Under the

Eleventh Amendment to the United States Constitution, a state, its agencies and departments are
immune from suits in federal court brought by its citizens or the citiZens of another state, unless
it consents.

See Penhurst State School and Hospital v. Halderman, 465 U.S. 89, 100 (1984).

While the State of Maryland has waived its sovereign immunity for certain types of cases
brought in state courts, see Md. State Gov't Code Ann., ~ l2-202(a),

it has not waived its

immunity under the Eleventh Amendment to this kind of suit in federal court. Thus, plaintiffs
complaint against the State is barred by the Eleventh Amendment.

Even if this court were to

allow plaintiff to amend the complaint to include an entity that is amenable to suit, it would not
cure the defect in the claims asserted as there is no claim of constitutional dimension that may be
liberally construed from the facts alleged.
The complaint will be dismissed by separate order which follows.

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Date

James K. Bredar
United States District Judge

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