No. 23-1238

Chinyere Ogbonna-McGruder v. Austin Peay State University, et al.

Lower Court: Sixth Circuit
Docketed: 2024-05-24
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights color-of-state-law employment-law hostile-work-environment motion-to-amend motion-to-dismiss notice-pleading reasonable-person retaliation retaliation-claim
Key Terms:
SocialSecurity EmploymentDiscrimina
Latest Conference: 2024-06-20
Question Presented (AI Summary)

Whether Petitioner's claim for retaliation required her to prove she suffered severe or pervasive conduct by her supervisor rather than conduct which would cause a reasonable employee to be dissuaded from filing or supporting a charge of retaliation against her employer

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether Petitioner's claim for retaliation required her to prove she suffered severe or pervasive conduct by her supervisor rather than conduct which would cause a reasonable employee to be dissuaded from filing or supporting a charge of retaliation against her employer. Whether the caption of Petitioner’s First Amended Complaint, along with paragraph 107 therein, provides adequate notice to Respondents for what they are being sued, and is therefore sufficient to survive Respondents’ Motion to Dismiss her claim of violation of her civil rights under color of state law. Whether the Petitioner’s failure to object to the magistrate’s denial of her motion to amend her complaint within 14 days of said ruling should have been excused in the interest of justice.

Docket Entries

2024-06-24
Petition DENIED.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-06-03
Waiver of right of respondent Austin Peay State University, et al. to respond filed.
2024-04-19

Attorneys

Austin Peay State University, et al.
Carolyn Underwood SmithAtty. General & Reporter's Off, Respondent
Chinyere Ogbonna-McGruder
James Waldo EdwardsCorley Henard Lyle Levy & Langford, PLC, Petitioner