113 F. Supp. 3d 830
M.D.N.C.2015Background
- Weathers, an African-American professor at UNC Chapel Hill, sued multiple defendants for past discrimination and tenure denial.
- Previous cases (Weathers I, 2010; Weathers II, 2013) were dismissed and affirmed on appeal; relief sought included Rule 60(b) and equitable relief.
- In the present pro se suit, she adds Connor (former attorney) and Ziko (state attorney) as defendants.
- She sought Rule 60(b) relief, independent equity relief, and constitutional claims under multiple Amendments.
- The court granted dismissal of all federal claims with prejudice and declined supplemental jurisdiction over state-law claims, dismissing them without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Weathers' Rule 60(b) relief is timely or viable against Weathers I | Weathers seeks relief from judgments. | Claims are untimely and insufficient for fraud-on-the-court. | Untimely and fail to show fraud on the court. |
| Whether Weathers plausibly alleged fraud on the court in Weathers II | Alleges fraud to set aside judgments. | Insufficient facts to plead fraud on the court. | Pleading fails to state a plausible fraud-on-the-court claim. |
| Whether constitutional claims against a private attorney (Connor) state action | Constitutional rights violated by private attorney. | No state action, claims fail under Iqbal. | No state action; claims fail. |
| Whether employment-discrimination claims against state-defendants are precluded | Claims should proceed under Title VII/§1981/§1983. | Res judicata bars these claims; could have been asserted earlier; fail on plausibility. | Claims are barred by res judicata or fail plausibly. |
| Whether to exercise supplemental jurisdiction over state-law claims | State-law claims should be heard in federal court. | Court should decline jurisdiction after federal claims dismissed. | Court declines supplemental jurisdiction; state-law claims dismissed without prejudice. |
Key Cases Cited
- Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343 (1988) (discretion to dismiss state claims when federal claims drop out)
- Great Coastal Exp., Inc. v. Int’l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., 675 F.2d 1349 (4th Cir.1982) (fraud-on-the-court standards and relief limitations)
- Shanaghan v. Cahill, 58 F.3d 106 (4th Cir.1995) (discretion to retain jurisdiction over remaining state claims)
- The Tool Box, Inc. v. Ogden City Corp., 419 F.3d 1084 (10th Cir.2005) (timeliness requirement for Rule 60(b) motions)
- Union Carbide Corp. v. Richards, 721 F.3d 307 (4th Cir.2013) (res judicata applies to related federal discrimination claims)
- Berry v. Porterfield, 312 F.App’x 578 (4th Cir.2009) (constitutional claims against private defendants require state action)
- Iqbal v. United States, 556 U.S. 662 (2009) (pleading standard for plausibility)
- Weathers v. Univ. of N.C. at Chapel Hill (Weathers I), 2010 WL 4791809 (M.D.N.C. 2010) (initial dismissal of discrimination claims)
- Weathers v. Univ. of N.C. at Chapel Hill (Weathers II), 2013 WL 5462300 (M.D.N.C. 2013) (dismissal for lack of grounds; fraud on the court not proven)