Carl A. Wescott v. Chadron State College, Tracy Sommerville, Melany Hughes, Jasmine Parsons, Dr. Ron Patterson, and Ms. Kari Gaswick

Summary

The United States District Court for the District of Nebraska dismissed, without leave to amend, a pro se plaintiff’s claims against Chadron State College and associated defendants concerning the alleged failure to refund a Title IV credit balance. The court held that the Higher Education Act and its implementing regulations do not provide a private right of action and concluded that the complaint failed to state a claim under 28 U.S.C. § 1915(e).

Holdings

1. The Higher Education Act, including Title IV and its implementing regulations, does not provide an individual private right of action against a university or related defendants for alleged violations of the Act or regulations.
2. The action was subject to dismissal under 28 U.S.C. § 1915(e)(2) for failure to state a claim upon which relief could be granted.
3. Leave to amend was properly denied because further amendment would be futile.

Questions Presented

1. Whether the amended complaint stated a claim under the Higher Education Act or its implementing regulations for failure to timely disburse a Title IV credit balance.
2. Whether the complaint should be dismissed during in forma pauperis screening under 28 U.S.C. § 1915(e)(2).
3. Whether leave to amend should be denied as futile.

Disposition

dismissed