No. 24-897

Wei Qiu v. Board of Education of Nelson County, Kentucky

Lower Court: Sixth Circuit
Docketed: 2025-02-20
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process employment-discrimination equal-protection national-origin plausibility-standard
Key Terms:
DueProcess
Latest Conference: 2025-04-25
Question Presented (AI Summary)

Whether a complaint alleging employment discrimination based on national origin meets the plausibility standard for stating a claim under federal civil rights law

Question Presented (OCR Extract)

Nelson absolutely and completely ignored Qiu for employment since Nelson found Qiu ’s Chinese accent. Qiu the American citizen sued Nelson under Title VII of the Civil Rights Act of 1964 based on her race, color, and national origin. Qiu ’s complaint alleged that Nelson absolutely and completely ignored Qiu the excellent chemistry teacher and highly Praxis qualified physics teacher for its chemistry/physics position because Nelson discriminated against Qiu ’s accent. Nelson filed its motion to dismiss. In her response, Qiu proved her excellence for the chemistry/physics position and Nelson absolutely and completely ignored her with the evidence of the emails. The facts in Qiu ’s complaint were fully evidence supported in Qiu ’s response. The district court dismissed Qiu ’s complaint, and the circuit court affirmed the dismissal. Question 1. Does the complaint meet the standard “state a claim to relief that is plausible on its face ” when alleging the employer ignored the protected applicant of excellent qualifications for the position? Question 2. Must the facts in the complaint go into detail to meet the standard “state a claim to relief that is plausible on its face ”? Question 3. Did the judges violate Qiu ’s Constitutional right to due process and equal protection of the laws in Section 1 of Amendment XIV? Were the judges against the Rule of Law? LIST OF PROCEDURE Wei Qiu v. Board of Education of Nelson County Schools, KY, 3:22 cv 00334, U.S. District Court for the Western District of Kentucky. Judgment entered on 02/28/23; 59(e) was denied on 03/20/24. Wei Qiu v. Board of Education of Nelson County, KY 24-5305, U. S. Court of Appeals for the 6th Circuit. Judgment entered on Oct. 11, 2024; Petition to rehear to the en banc was denied on Nov. 18, 2024. ii

Docket Entries

2025-04-28
Petition DENIED.
2025-04-09
DISTRIBUTED for Conference of 4/25/2025.
2025-03-24
Waiver of right of respondent Board of Education of Nelson County, Kentucky to respond filed.
2025-01-30

Attorneys

Board of Education of Nelson County, Kentucky
W. Cravens Priest IIIEnglish, Lucas, Priest & Owsley, LLP, Respondent
W. Cravens Priest IIIEnglish, Lucas, Priest & Owsley, LLP, Respondent
Wei Qiu
Wei Qiu — Petitioner
Wei Qiu — Petitioner