Legal Opinion

Kerr v. Marshall University Board of Governors

Court of Appeals for the Fourth Circuit

Decided May 24, 2016No. 15-1473PublishedCited by 164 opinions

1Opinion of the Court

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Judge VOORHEES joined.

DUNCAN, Circuit Judge:

Lisa Kerr appeals the district court’s order granting Appellees’ motion to dismiss her civil action pursuant to Federal Rules ' of Civil Procedure 12(b)(1) and 12(b)(6). Because we conclude that the district court properly determined both that sovereign immunity bars Kerr’s claims against the Marshall University Board of Governors (“MUBG”), and that the allegations in Kerr’s pro se complaint against the other Appellees fail to state a claim upon which relief…

2Cases cited46 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  5. County of Sacramento v. LewisSupreme Court of the United States · 1998

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3Cited by164 opinions

  1. Michael Willner v. James DimonCourt of Appeals for the Fourth Circuit · 2017
  2. Sharyl Attkisson v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2019
  3. Thomas Matherly v. J.F. AndrewsCourt of Appeals for the Fourth Circuit · 2017
  4. Casey Tyler v. Erik HooksCourt of Appeals for the Fourth Circuit · 2019
  5. Eric Brant v. Schneider National Inc.Court of Appeals for the Seventh Circuit · 2022

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