Coffman v. Hutchinson Cmty. Coll.
Decision Date | 22 June 2018 |
Docket Number | Case No. 17-4070-SAC |
Parties | DUSTIN D. COFFMAN, Plaintiff v. HUTCHINSON COMMUNITY COLLEGE, et al., Defendants. |
Court | U.S. District Court — District of Kansas |
The plaintiff, Dustin D. Coffman, appears pro se bringing this action alleging he was dismissed from the nursing program at Hutchinson Community College ("HCC") in a manner that violated his federal and state constitutional rights and that created actionable state common-law claims. The case comes before the court on the defendants' second motion to dismiss (ECF# 70) and on the plaintiff's motions for ruling (ECF# 106 and 107). Last year when it was the only defendant to have been properly served, HCC filed a motion to dismiss. (ECF# 21). The court granted the motion in part finding it was without jurisdiction to address the plaintiff's state law tort claims. ECF# 28. The court, however, denied the balance of HCC's motion, because it failed to address the allegations in the plaintiff's supplement (ECF# 7) to his form complaint (ECF# 1). ECF# 28. All defendants now move to dismiss for failure to state a claim for relief, and the individual defendants also seek dismissal on qualified immunity grounds. ECF# 70.
The defendants filed a notice on January 10, 2018, certifying that they had served this motion, among other pleadings, by mail. ECF# 79. The pro se plaintiff, Dustin Coffman, thereafter submitted multiple filings, some or all of which are intended to be his response to the defendants' motion. ECF# 85, 91, 92, and 93. None of these submissions were filed within the 21-day deadline imposed by D. Kan. Rule 6.1(d)(2). Without objecting to the plaintiff's untimely responses, the defendants then timely filed their reply. ECF# 97. Thereafter, Mr. Coffman filed yet another document that also appears to address the merits of defendants' motion to dismiss. ECF# 100. The defendants object to this late filing and ask the court to strike it as either an untimely response or a sur-reply filed without leave of the court. ECF# 102. Mr. Coffman has been warned repeatedly on the importance of following the court's local rules and particularly "Rule 7.1 that governs the filing of motions and responses and replies thereto and Rule 7.6 that governs briefs and memoranda." ECF## 19 and 28, p. 4. The court sustains the defendants' objection and shall disregard the plaintiff's filing at ECF# 100.
Rule 12(b)(6) Standards and Qualified Immunity
The Tenth Circuit recently summarized the relevant standards governing a court's analysis of a Rule 12(b)(6) motion for failure to state a claim for relief:
Safe Streets Alliance v. Hickenlooper, 859 F.3d 865, 878 (10th Cir. 2017).
The Tenth Circuit recently observed that Twombly requires sufficient factual allegations to show a violation of the plaintiff's constitutional rights and "requires enough specificity to give the defendant notice of the claim asserted." Matthews v. Bergdorf, 889 F.3d 1136, 1144 n. 2 (10th Cir. 2018). This bite taken by the Twombly standard may be "greater" when the affirmative defense of qualified immunity is being analyzed:
Robbins v. Oklahoma, 519 F.3d 1242, 1248-49 (10th Cir. 2008) (footnote omitted).
Plaintiff's Complaint ECF# 1 and 7.
The court understands the defendants' struggle to understand what the plaintiff is asserting as his claims for relief. The plaintiff's filings are not "a short and plain statement" as contemplated by Rule 8(a). The plaintiff's allegations intermingle conclusory factual allegations of his own circumstances with excerpts of factual findings and legal conclusions taken from an order apparently issued by a federal district court from Michigan. This other court order involves a case that has no apparent legal or factual relationship to these Kansas proceedings. The plaintiff's filings confusingly blend his own factual allegations with excerpts from that court order. The potential for confusion is aggravated by the plaintiff's failure to use quotation marks or citations. In addition, the plaintiff's filings make it difficult to parse which factual allegations are deemed relevant for consideration under each of the respective claims for relief.
The plaintiff's complaint entitles one section, "Introduction," and sets out there a summary listing of his alleged claims against the defendants:
1) Violation of the plaintiff's First amendment (retaliation); 2) violation of the Fourteenth Amendment's due process clause; 3) Violation of the Fourteenth Amendment's equal protection clause; 4) Violation of the Kansas constitutional right to free speech; 5) Violation of Kansas' constitutional right to due process; 6) Violation of Kansas' constitutional right of equal protection under the law; 7) Breach of contract; 8) Defamation (as to defendants Jay Ballard and Kathy Sanchez); 9) Libel and slander as to defendants Jay Ballard and Kathy Sanchez; 10) Tortious interference with a contract as to defendants Debra Heckler, Cindy Hoss, Janet Hamilton, Kathy Sanchez and Jay Ballard; 11) Intentional infliction of emotional distress; 12) Violation of the Kansas Civil...
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