SNYDER v. MILLERSVILLE UNIVERSITY et al

Filing 13

RESPONSE to Motion re 7 MOTION to Dismiss Amended Complaint filed by STACY SNYDER. (VOIGT, MARK)

SNYDER v. MILLERSVILLE UNIVERSITY et al

Doc. 13

Case 2:07-cv-01660-PD

Document 13

Filed 09/03/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STACY SNYDER, : : CIVIL ACTION : v. : NO.: 07-1660 : MILLERSVILLE UNIVERSITY, J. BARRY : JURY TRIAL DEMANDED GIRVIN, DR. JANE S. BRAY, and DR. VILAS : A. PRABHU, : Defendants : ______________________________________________________________________________ Plaintiff PLAINTIFF'S ANSWER TO DEFENDANTS' MOTION TO DISMISS Plaintiff, Stacy Snyder, by and through her undersigned counsel, hereby answers Defendants' Motion to Dismiss Plaintiff's Amended Complaint as follows: 1. Denied. For the reasons stated in the attached Memorandum of Law, Plaintiff's

Complaint states a cause of action against Defendants under 42 U.S.C. §1983. Among other reasons, the 11th Amendment and Will v. Michigan Department of State Police do not confer immunity upon Defendants for Plaintiff's claims under other Amendments to the Constitution, particularly the First, Fifth and 14th Amendments. 2. Denied. Per the accompanying Memorandum of Law, Plaintiff properly states a

procedural due process claim against Defendants under the Fifth and 14th Amendments since Defendants expelled Plaintiff from its School of Education without anything remotely approaching reasonable prior notice and a fair hearing. 3. Denied. As her Memorandum of Law sets forth, Plaintiff states a First Amendment

claim against Defendants since her posting the photograph and caption in question on her web page constitutes both proper free expression and Constitutionally-protected free speech. 1

Dockets.Justia.com

Case 2:07-cv-01660-PD

Document 13

Filed 09/03/2007

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4.

Denied. As discussed in her Memorandum of Law, qualified immunity does not bar

Plaintiff's §1983 claims against the individual Defendants for their obvious, intentional violations of Plaintiff's Constitutional rights. 5. Denied. Per the accompanying Memorandum of Law, Plaintiff's state law claims

against Defendants are not barred by sovereign immunity. WHEREFORE, Plaintiff, Stacy Snyder, respectfully requests this Honorable Court DENY Defendants' Motion to Dismiss the Amended Complaint. Dated: 9/4/07 By: MARK W. VOIGT, ESQUIRE Attorney ID No.: 64387 Validation of Signature Code: MWV6003 Plymouth Meeting Executive Campus, Suite 400 600 West Germantown Pike Plymouth Meeting, PA 19462 [phone] (Attorney for Plaintiff, Stacy Snyder) LAW OFFICE OF MARK W. VOIGT

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