91 F. Supp. 3d 755
M.D.N.C.2015Background
- Plaintiff Erin Dickinson, a UNCSA scenic arts graduate student, alleges she has severe migraines and polycystic ovary syndrome (PCOS) that episodically disable her and sought academic accommodations.
- Dickinson complained about a professor (Vicki Davis) who mocked her for disability-related behavior; she alleges retaliation and that certain faculty (including Franco Colavecchia and Dean Joseph Tilford) conspired against her.
- After being invited back for a third year and paying a deposit, Dickinson was told she had two Fs for incomplete work and was dismissed; she later signed a unique probation agreement requiring B’s in every class and additional make-up work.
- During her final year Dickinson missed classes due to PCOS, received lower grades and extra assignments, and was expelled on May 25, 2011; she alleges these actions were discriminatory and retaliatory to prevent her graduation.
- Dickinson sued under Title II of the ADA, Section 504 of the Rehabilitation Act, and for tortious interference with contract (state law), naming UNC/UNCSA and individual administrators; defendants moved to dismiss under Rules 12(b)(1), (2), and (6).
Issues
| Issue | Dickinson's Argument | Defendants' Argument | Held |
|---|---|---|---|
| Sovereign immunity for state-law tort claim against individuals in official capacity | Tortious interference is a permissible claim; the State can be liable for contractual rights | North Carolina retains sovereign immunity for intentional torts against the State | Official-capacity tortious-interference claim dismissed (sovereign immunity) |
| Personal-capacity liability of individual defendants for tortious interference | Officials acted with legal malice and can be sued individually | Claims arise from official duties and not pleaded to impose individual liability | Personal-capacity tortious-interference claim survives (pleaded malice and facts) |
| Personal jurisdiction defense | N/A (plaintiff asserts jurisdiction) | Defendants moved to dismiss for lack of personal jurisdiction | Defense waived for failure to brief; motion denied |
| Statute of limitations for ADA/Rehab Act claims | Four-year federal catch-all (28 U.S.C. § 1658) applies because ADA was amended by ADAAA in 2008, which could have made her claim viable | Two-year North Carolina limitations (N.C. Gen. Stat. § 168A-12) applies by borrowing analogous state law | Court applies four-year § 1658 at this stage; claims timely because ADAAA plausibly made claims viable |
| Sufficiency of ADA and Rehabilitation Act claims (qualified individual, causation) | Dickinson pleaded disability, notice, requests for accommodations, adverse actions, and causal link | Defendants say she wasn’t otherwise qualified and not dismissed because of disability | Court finds allegations plausible; ADA and Rehab Act discrimination and retaliation claims survive |
| Statute of limitations for tortious interference | Continuing violation occurred up to May 25, 2011; three-year limitations thus timely | Argues limitations bar claim | Court declines to dismiss; continuing-violation pleaded so claim survives |
| Punitive damages against individual defendants | Seeks punitive damages generally | Punitive damages not recoverable against officials in official capacity | Punitive damages dismissed except as to individuals sued in personal capacity |
Key Cases Cited
- Anderson v. United States, 669 F.3d 161 (4th Cir. 2011) (addressing Rule 12(b)(1) and sovereign-immunity-related analysis)
- Smith v. Wash. Metro. Area Transit Auth., 290 F.3d 201 (4th Cir. 2002) (procedural posture on dismissal standards)
- Ex parte Young, 209 U.S. 123 (U.S. 1908) (permitting suits against state officials for prospective relief)
- Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (U.S. 1984) (limits on suing state officials on the basis of state law)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading must be more than labels and conclusions)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (U.S. 1989) (official-capacity suit is a suit against the State)
- Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (U.S. 2004) (§ 1658 four-year limitations applies when claim made possible by post-1990 enactment)
- Sutton v. United Air Lines, 527 U.S. 471 (U.S. 1999) (mitigating measures and the definition of disability prior to ADAAA)
- Toyota Motor Mfg. v. Williams, 534 U.S. 184 (U.S. 2002) (pre-ADAAA standard for "substantially limits")
- EEOC v. Sara Lee Corp., 237 F.3d 349 (4th Cir. 2001) (Fourth Circuit's pre-ADAAA limitations on episodic conditions)
- Rohan v. Networks Presentations LLC, 375 F.3d 266 (4th Cir. 2004) (applying Sara Lee and Toyota to episodic conditions)
- Jacobs v. N.C. Admin. Office of the Courts, 780 F.3d 562 (4th Cir. 2015) (observing ADAAA abrogated inconsistent prior caselaw)