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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
________________________________________
JENNIFER GRATZ, et al.,
Plaintiffs
v.
LEE BOLLINGER, et al.,
Defendants,
-and-
EBONY PATTERSON, et al.,
Intervening Defendants
________________________________________
)
)
)
) Civil Action No. 97-75231
) Hon. Patrick J. Duggan
) Hon. Thomas A. Carlson
)
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RENEWED MOTION BY DEFENDANTS BOLLINGER AND DUDERSTADT
FOR SUMMARY JUDGMENT ON GROUNDS OF QUALIFIED IMMUNITYPursuant 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 and James Duderstadt (the current President of the University of Michigan and his immediate predecessor) hereby renew their earlier motion for the entry of summary judgment on grounds of qualified immunity.
As set forth in the accompanying Memorandum, there is no genuine dispute as to any material fact at the close of extensive discovery in this case. The doctrine of qualified immunity plainly bars Plaintiffs’ claims for money damages against Defendants Bollinger and Duderstadt. Defendants cannot be liable in damages where, as here, there is no evidence that they violated Plaintiffs’ “clearly established” rights. The extensive record evidence in this case confirms that the University has fully and conscientiously complied with the standards set forth in Regents of the University of California v. Bakke, 438 U.S. 265 (1978), in implementing the admissions program of the University’s College of Literature, Science & Arts. 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.
Dated: July 15, 2000 Respectfully submitted,
___________________________
John H. Pickering
John Payton
Jane Sherburne
WILMER, CUTLER, & PICKERING
2445 M Street, N.W.
Washington, D.C. 20037
(202) 663-6000and
Philip Kessler
Leonard M. Niehoff
BUTZEL LONG
350 South Main Street
Suite 300
Ann Arbor, MI 48104
(734) 213-3625
I hereby certify that on this ______ day of July, 2000, I caused a copy of the foregoing Renewed Motion for Summary Judgment On Grounds Of Qualified Immunity to be served to be served, by courier, on: CERTIFICATE OF SERVICE
David F. Herr, Esq.
Kirk O. Kolbo, Esq.
Maslon, Edelman,
Borman & Brand
300 Norwest Center
90 South Seventh Street
Minneapolis, MN 55402Theodore M. Shaw, Esq.
Olatunde C.A. Johnson, Esq.
Melissa Woods, Esq.
NAACP Legal Defense &
Educational Fund, Inc.
99 Hudson Street, 16th Floor
New York, NY 10013
And by Federal Express on July 17th to:
Michael E. Rosman, Esq.
Hans F. Bader, Esq.
Center for Individual Rights
1233 20th Street, N.W.
Washington, D.C. 20036Godfrey J. Dillard
Milton R. Henry
Reginald M. Turner
Citizens for Affirmative’s Preservation
2500 Buhl Building
Detroit, MI 48226
Christopher A. Hansen
E. Vincent Warren
American Civil Liberties Union
125 Broad Street
New York, NY 10004
Kerry L. Morgan, Esq.
Pentiuk, Couvreur & Kobiljak
Suite 230, Superior Place
20300 Superior Street
Taylor, MI 48180________________________
Robin A. Lenhardt
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 AND DUDERSTADT 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) 663-6000ATTORNEYS FOR DEFENDANTS
DATE: July 15, 2000
Philip J. Kessler, P15921
Leonard M. Niehoff, P36695
BUTZEL LONG
350 South Main Street, Suite 300
Ann Arbor, MI 48104
(734) 213-3625
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