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ORR v. SOUTH DAKOTA BD. OF REGENTS

1:19-CV-01023-CBK.

492 F.Supp.3d 964 (2020)

Dr. Thomas ORR, Plaintiff, v. SOUTH DAKOTA BOARD OF REGENTS, Dr. Timothy Downs, NSU President, in His Official Capacity; Dr. Kelly Duncan, Former NSU Dean of Education, in Her Individual Capacity; and Members of The South Dakota Board of Regents, in Their Official Capacities, Defendants.

United States District Court, D. South Dakota, Northern Division.

Signed October 5, 2020.

Attorney(s) appearing for the Case

Stephanie E. Pochop , Johnson Pochop & Bartling Law Office, Gregory, SD, James H. Kaster , Pro Hac Vice, Matthew A. Frank , Pro Hac Vice, Nichols Kaster PLLP, Minneapolis, MN, for Plaintiff.

Justin L. Bell , Robert B. Anderson , Terra M. Larson , May, Adam, Gerdes & Thompson LLP, Pierre, SD, for Defendants South Dakota Board of Regents, Dr. Timothy Downs, Dr. Kelly Duncan.

Justin L. Bell , Terra M. Larson , May, Adam, Gerdes & Thompson LLP, Pierre, SD, for Defendant Members of the South Dakota Board of Regents.

MEMORANDUM OPINION AND ORDER

This matter is before the Court on defendants' motion to dismiss Count III of plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted, Doc. 25.

BACKGROUND

Plaintiff...

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