The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:22-CV-7-FL
I.M. and T.R. by and through their )
respective Guardians Ad Litem, )
)
Plaintiffs, )
)
v. ) ORDER
)
GRANVILLE COUNTY BOARD OF )
EDUCATION, )
)
Defendant. )
This matter is before the court upon defendant’s motion for partial dismissal of plaintiff’s
amended complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (DE 29).
Plaintiffs have not responded in opposition, and defendant has set forth multiple grounds for
dismissal of plaintiffs’ Fourteenth Amendment due process claim and that part of plaintiff’s claim
for injunctive relief based thereon. Plaintiff’s claim for damages under the Fourteenth Amendment
properly is dismissed because there is no implied cause of action against a local government entity
outside of 42 U.S.C. § 1983. See Cale v. City of Covington, Va., 586 F.2d 311, 318 (4th Cir.
1978). That part of plaintiff’s claim for injunctive relief based on a Fourteenth Amendment
violation accordingly also is dismissed.
In sum, defendant’s motion (DE 29) is GRANTED, and plaintiffs’ Fourteenth Amendment
due process claim and that part of plaintiff’s claim for injunctive relief based thereon are
DISMISSED WITHOUT PREJUDICE.
SO ORDERED, this the 16th day of February, 2023.
( ee W. FLANAGWN
United States District Judge