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

 

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

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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