IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
________________________________

BARBARA GRUTTER

                  Plaintiff,

      v.

LEE BOLLINGER, et al.,

                  Defendants.
________________________________

)
)
)
)           Civil Action No. 97-75928
)
)           Hon. Bernard Friedman
)
)           Hon. Virginia Morgan
)
)
)

 

RENEWED MOTION BY DEFENDANTS BOLLINGER, LEHMAN, AND SHIELDS
FOR SUMMARY JUDGMENT ON GROUNDS OF QUALIFIED IMMUNITY

Pursuant to Fed. R. Civ. P. 56 and Local Rule 7.1, and for the reasons set forth in the attached Memorandum of Law, Defendants Lee Bollinger, Jeffrey S. Lehman, and Dennis J. Shields hereby renew their earlier motion for the entry of summary judgment.

As set forth in the accompanying Memorandum, at the close of extensive discovery in this case, there is no genuine dispute as to any material fact. The doctrine of qualified immunity plainly bars plaintiff’s claims for money damages against Defendants Bollinger, Lehman, and Shields. Defendants cannot be liable in damages where, as here, there is no evidence that they violated plaintiff’s “clearly established” rights.

The extensive record evidence in this case confirms that Defendants have fully and conscientiously complied with the standards set forth in Regents of the University of California v. Bakke, 438 U.S. 265 (1978), in devising and implementing the admissions policies of the University of Michigan Law School. Accordingly, the Defendants are entitled to summary judgment on grounds of qualified immunity and should be dismissed from this lawsuit now. Pursuant to Local Rule 7.1(a), Defendants state that, on April 29, 1999, concurrence in their initial summary judgment motion and the relief sought therein was requested from plaintiff’s counsel and such concurrence was not granted.

Respectfully submitted,

 

Philip J. Kessler, P15921
Leonard M. Niehoff, P36695
BUTZEL LONG
350 South Main Street, Suite 300
Ann Arbor, MI 48104
(734) 213-3625

Dated: June 14, 2000

John H. Pickering
John Payton
Jane Sherburne
WILMER, CUTLER & PICKERING
2445 M Street, N.W.
Washington, D.C. 20037
(202) 663-6000

 


MEMORANDUM OF LAW IN SUPPORT OF
RENEWED MOTION BY DEFENDANTS BOLLINGER, LEHMAN, AND SHIELDS
FOR SUMMARY JUDGMENT ON GROUNDS OF QUALIFIED IMMUNITY


John H. Pickering
John Payton
Jane Sherburne
WILMER, CUTLER & PICKERING
2445 M Street, N.W.
Washington, D.C. 20037
(202) 663-6000

Elizabeth Barry
UNIVERSITY OF MICHIGAN
Office of the Vice President and
General Counsel
4010 Fleming Building
Ann Arbor, MI 48109
(734) 764-0304

ATTORNEYS FOR DEFENDANTS

DATE: June 14, 2000

Philip J. Kessler, P15921
Leonard M. Niehoff, P36695
BUTZEL LONG
350 South Main Street, Suite 300
Ann Arbor, MI 48104
(734) 213-3625


Memorandum Table of Contents   |  Grutter briefs – Table of Contents


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