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Edwards v. Grand Rapids Community College

March 29, 2010

MAURICE EDWARDS, PLAINTIFF,
v.
GRAND RAPIDS COMMUNITY COLLEGE, DEFENDANT.



The opinion of the court was delivered by: Honorable Paul L. Maloney

ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL DISMISSAL

Plaintiff Maurice Edwards, through counsel, filed an amended complaint against Defendant Grand Rapids Community College. (Dkt. No. 25.) Defendant Grand Rapids Community College filed a motion for partial dismissal. (Dkt. No. 29.) In the motion, Defendant sought to dismiss Count II (violation of the Civil Rights Act of 1964 and 1991, 42 U.S.C. § 1981), Count III (intentional infliction of emotional distress), and Count VI (intrusion upon seclusion, solitude, or private affairs) of the complaint. Defendant argues, because it is a state actor, it cannot be held liable under the statute and is immune from tort liability under Michigan's Government Tort Liability Act. Plaintiff Edwards filed a response (Dkt. No. 35) in which he "does not oppose the motion for partial dismissal regarding the three counts" and "concurs in the limited relief requested by Defendant."

Therefore, Defendant Grand Rapids Community College's motion for partial dismissal (Dkt. No. 29) is GRANTED. Claims II, III, and VI of the amended complaint are DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

Paul L. Maloney Chief United States District Judge

20100329

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