Legal Opinion · Dissent

Brent Quade v. Arizona Board of Regents

Court of Appeals for the Ninth Circuit

Decided June 28, 2017No. 15-16975Unpublished

1DissentLeavy, Circuit Judge

The majority makes two errors.

1. First, the district court never ruled upon the defendants’ motion to dismiss the complaint under Rule 12(b)(6) for failure to state a claim. See Lee v. City of Los Angeles, 250 F.3d 668, 679 (9th Cir. 2001) (the bare requirements of notice pleading govern review of the legal sufficiency of plaintiffs complaint). According to the allegations in the complaint, a female Arizona State University Polytechnic (ASU) student alleged that she was sexually assaulted in Quade’s room at his on-campus residence on October 19, 2013. The female student said that she “blacked…

2Cases cited12 opinions

  1. Lee v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
  2. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
  3. Douglas Miller v. County of Santa CruzCourt of Appeals for the Ninth Circuit · 1994
  4. Plaine v. McCabeCourt of Appeals for the Ninth Circuit · 1986
  5. Hawkins v. State, Dept. of Economic SEC.Court of Appeals of Arizona · 1995

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