No. 24-1087

David B. Porter v. F. Tyler Sergent, et al.

Lower Court: Sixth Circuit
Docketed: 2025-04-17
Status: Denied
Type: Paid
Response Waived
Tags: disciplinary-hearing due-process federal-funding procedural-fairness state-action title-ix
Key Terms:
ERISA SocialSecurity DueProcess FirstAmendment EmploymentDiscrimina Privacy
Latest Conference: 2025-06-05
Question Presented (AI Summary)

May a private college which receives federal funding always rely upon a 'no state action' defense in denying its employee due process or procedural fairness in a Title IX disciplinary hearing?

Question Presented (OCR Extract)

May a private college which receives federal funding always rely upon a “no state action” defense in denying its employee due process or procedural fairness in a Title IX disciplinary hearing? ii PARTIES TO THIS PROCEEDING Dr. David B. Porter Berea College F. Tyler Sergent iii STATEMENT OF RELATED CASES In the United States District Court for the Eastern District of Kentucky : Dr. David B. Porter v. Dr. F. Tyler Sergent and Berea College , No. 5:19-455-KKC, Judgment Entered on August 4, 2020 (on FRCP 12(b)(6) motions to dismiss); Dr. David B. Porter v. Dr. F. Tyler Sergent and Berea College , No. 5:19-455-KKC, Judgment Entered on September 28, 2022 (on FRCP 56 motions for summary judgment); Dr. David B. Porter v. Dr. F. Tyler Sergent and Berea College , No. 5:19-455-KKC, Judgment Entered on September 25, 2023 (on FRCP 59(e) motion to alter or amend judgment). In the United States Circuit Court of Appeals for the Sixth Circuit : Dr. David B. Porter v. Dr. F. Tyler Sergent and Berea College , No. 23-5944, Judgment Entered on October 29, 2024.

Docket Entries

2025-06-06
Petition DENIED.
2025-05-20
DISTRIBUTED for Conference of 6/5/2025.
2025-04-30
Waiver of right of respondent Tyler Sergent to respond filed.
2025-04-29
Waiver of right of respondent Berea College to respond filed.
2025-04-14
Petition for a writ of certiorari filed. (Response due May 19, 2025)

Attorneys

Berea College
Thomas Edwin Joseph TravisWyatt, Tarrant & Combs, LLP, Respondent
Thomas Edwin Joseph TravisWyatt, Tarrant & Combs, LLP, Respondent
Dr. David B. Porter
John Faris LackeyLackey Law Office, Petitioner
John Faris LackeyLackey Law Office, Petitioner
Tyler Sergent
Thomas W. MillerMiller, Griffin & Marks, P.S.C., Respondent
Thomas W. MillerMiller, Griffin & Marks, P.S.C., Respondent