The opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
)
ROBERT COHEN, )
)
Plaintiff, )
)
v. ) Civil Action No. 14-754(EGS)
)
BOARD OF TRUSTEES OF THE )
UNIVERSITY OF THE DISTRICT )
OF COLUMBIA, et al., )
)
Defendants. )
______________________________)
ORDER
For the reasons stated in the accompanying Memorandum
Opinion it is hereby
ORDERED that the defendants’ motion to dismiss the
plaintiff’s complaint as time-barred is DENIED; and it is
further
ORDERED that the defendants’ motion to dismiss as to the
plaintiff’s five common law claims—trespass to chattel,
conversion, bailee indebtedness, negligence, and intentional
infliction of emotional distress—is GRANTED for failure to
exhaust administrative remedies; and it is further
ORDERED that the defendants’ motion to dismiss the
plaintiff’s due process claim against the Board of Trustees of
the University of the District of Columbia pursuant to 42 U.S.C.
§ 1983 is DENIED because the plaintiff stated a claim that the
Sixth Master Agreement provides constitutionally insufficient
process; and it is further
ORDERED that the defendants’ motion to dismiss the
plaintiff’s due process claim against individual defendants
Allen Sessoms and Graeme Baxter pursuant to 42 U.S.C. § 1983 is
DENIED because the plaintiff stated a claim that these
individual defendants implemented the plausibly constitutionally
insufficient Sixth Master Agreement; and it is further
ORDERED that the defendants’ motion to dismiss the
plaintiff’s due process claim against individual defendant
Vernise Steadman pursuant to 42 U.S.C. § 1983 is GRANTED because
the plaintiff failed to state a claim; and it is further
ORDERED that the defendants’ motion to dismiss the
plaintiff’s due process claim against the individual defendants
pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971) is GRANTED because the plaintiff
failed to state a claim.
SO ORDERED.
Signed: Emmet G. Sullivan
United States District Judge
April 24, 2018
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