Edwards v. Grand Rapids Community College

Filing 38

ORDER granting 29 Defendant's motion for partial dismissal ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MAURICE EDWARDS, Plaintiff, No. 1:09-cv-1067 -vHONORABLE PAUL L. MALONEY GRAND RAPIDS COMMUNITY COLLEGE, Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL DISMISSAL Plaintiff Maurice Edwards, through counsel, filed an amended complaint against Defendant Grand Rapids Community College. (Dkt. No. 25.) Defendant Grand Rapids Community College filed a motion for partial dismissal. (Dkt. No. 29.) In the motion, Defendant sought to dismiss Count II (violation of the Civil Rights Act of 1964 and 1991, 42 U.S.C. § 1981), Count III (intentional infliction of emotional distress), and Count VI (intrusion upon seclusion, solitude, or private affairs) of the complaint. Defendant argues, because it is a state actor, it cannot be held liable under the statute and is immune from tort liability under Michigan's Government Tort Liability Act. Plaintiff Edwards filed a response (Dkt. No. 35) in which he "does not oppose the motion for partial dismissal regarding the three counts" and "concurs in the limited relief requested by Defendant." Therefore, Defendant Grand Rapids Community College's motion for partial dismissal (Dkt. No. 29) is GRANTED. Claims II, III, and VI of the amended complaint are DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Date: March 29, 2010 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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?