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222340P.pdf 09/20/2023 Elijah Wells v. Creighton Preparatory School
U.S. Court of Appeals Case No: 22-2340
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Stras, Author, with Shepherd and Kobes, Circuit Judges]
Civil case -Title IX. Plaintiff failed to plausibly allege that the
defendant school discriminated against him on the basis of sex; assuming
for the purpose of analysis that plaintiff's allegations gave rise to an
inference of bias, nothing in the complaint plausibly linked his expulsion
to the fact that he is male; similarly, his alternative theory that the
all-male school engaged in selective enforcement, plaintiff could not
point to a female student who faced sexual-misconduct allegations or
anything plausibly alleging discrimination based on gender; there is no
private right of action to enforce 34 C.F.R. Sec. 106.8(c) regarding
publication of grievance procedures; the district court did not abuse its
discretion in declining to exercise supplemental jurisdiction over
plaintiff's state law claim for breach of contract.