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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOHN D. BRANTLEY Plaintiff * v * STATE OF MARYLAND ZUlq JUl I b P b: 21 * * Civil Action No. JKB~i:4-2116 * *** 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. ah /(" 20/ if OrN'" -1-<'. 3~ Date James K. Bredar United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?