Grier v. Gray et al

Filing 80

ORDER granting in part and denying in part 59 Motion to Dismiss ; granting in part and denying in part 63 Motion for Summary Judgment. Signed by District Judge Frank D. Whitney on 2/8/21. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00486-FDW-DSC

MAURICE GRIER,
Plaintiff,
vs.
DUNCAN GRAY, individually and as an
employee of the Charlotte-Mecklenburg Board
of
Education;
CHARLOTTEMECKLENBURG
BOARD
OF
EDUCATION,
Defendants.

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ORDER

THIS MATTER is before the Court following a hearing on Defendant CharlotteMecklenburg Board of Education’s Motion to Dismiss and for Summary Judgment (Doc. No. 59)
and Plaintiff’s Motion for Summary Judgment (Doc. No. 63). For the reasons stated in open Court
following oral argument by all parties, the Court dismisses Plaintiff’s claims brought pursuant to
the North Carolina Constitution and dismisses Plaintiff’s claim against Defendant Gray under Title
IX. The Court grants Plaintiff’s motion for summary judgment on his assault claim against Gray.
The Court also grants Defendant’s motion for summary judgment on Plaintiff’s Title IX claim and
on Plaintiff’s claim pursuant to 42 U.S.C. § 1983 only to the extent Plaintiff relies on the danger
creation theory. All other claims and the issue of damages shall proceed to trial.
IT IS THEREFORE ORDERED that Defendant’s Motion (Doc. No. 59) is GRANTED IN
PART and DENIED IN PART and Plaintiff’s Motion (Doc. No. 63) is GRANTED IN PART and
DENIED IN PART.

Case 3:17-cv-00486-FDW-DSC Document 80 Filed 02/09/21 Page 1 of 2

This matter is currently set for March 1, 2021, and the Court fully intends for this case to
be tried during that term. The parties shall confer and submit a joint proposed pretrial order in
accordance with the Case Management Orders in this case by February 26, 2021. Motions in
limine should also be filed by February 26, 2021.
TAKE NOTICE that the Court will conduct a pretrial conference during docket call at 9:00
a.m. on March 1, 2021. Jury selection will take place on March 2, 2021, with trial to begin
thereafter according to the schedule set during docket call.
IT IS SO ORDERED.
Signed: February 8, 2021

Case 3:17-cv-00486-FDW-DSC Document 80 Filed 02/09/21 Page 2 of 2