Doe v. Regents of the University of California

by
The Ninth Circuit reversed the district court's denial of a motion to dismiss a second amended complaint on Eleventh Amendment immunity, judicial exhaustion, and abstention grounds. The panel granted Regents' request for publication in a concurrently filed order.A male University of California student filed suit against Regents and others, alleging claims under Title IX, 42 U.S.C. 1983, and state law, after he was disciplined for the sexual assault of a female student during a trip. On the merits, the panel held that the Eleventh Amendment barred plaintiff's California Code of Civil Procedure section 1094.5 petition against Regents and the district court should have dismissed it with prejudice. Furthermore, plaintiff's section 1983 and Title IX claims were precluded because he has failed to exhaust judicial remedies by filing a section 1094.5 writ petition in state court. The panel remanded with instructions to dismiss the section 1094.5 writ claim with prejudice, but without prejudice to refiling in state court, and his section 1983, Title IX, and declaratory relief claims without prejudice. View "Doe v. Regents of the University of California" on Justia Law