Fitzwater v. University of Kansas

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS FALLON G. FITZWATER, Plaintiff, vs. Case No. 21-02067-EFM UNIVERSITY OF KANSAS, Defendant. MEMORANDUM AND ORDER Before the Court is Defendant’s Motion to Dismiss (Doc. 3) for failure to state a claim upon which relief can be granted. Defendant argues Plaintiff’s claims must be dismissed for two reasons: (1) Plaintiff’s claims are untimely, and (2) Plaintiff’s claims are barred by res judicata. For reasons outlined below, the Court denies Defendant’s motion to dismiss. I. Factual and Procedural Background Plaintiff Fallon Fitzwater…