Jameel Gordon v. The State University at Buffalo et al.

Summary

The United States District Court for the Western District of New York grants Blackstone Inc.'s motion to dismiss claims arising from the plaintiff's participation in the University at Buffalo's entrepreneurship program. The court denies the UB defendants' motion to dismiss, finding that the pro se plaintiff sufficiently alleged standing and a race-discrimination claim at the pleading stage, while allowing additional time for proper service. The court also denies the plaintiff's motion to amend.

Holdings

1. The amended complaint failed to state a plausible § 1983 claim against Blackstone Inc. because it contained no factual allegations concerning Blackstone's conduct or its action under color of state law.
2. The court denied the UB defendants' Rule 12(b)(5) motion at that time and granted Gordon 90 days from entry of the decision to effect proper service.
3. Gordon adequately pleaded standing because he alleged a concrete and particularized injury from discriminatory denial of opportunities and funding, traceable to the UB defendants and potentially redressable through damages.
4. Gordon plausibly pleaded § 1983 equal protection claims against UB and Borden, and the court denied their Rule 12(b)(6) motion.
5. UB and Borden were not entitled to qualified immunity at the pleading stage.
6. The court denied Gordon's motion to amend to add The Blackstone Charitable Foundation because the proposed amendment did not plausibly allege that the foundation violated his rights while acting under color of state law.

Questions Presented

1. Whether the amended complaint stated a plausible 42 U.S.C. § 1983 claim against Blackstone Inc.
2. Whether service on the UB defendants was insufficient under Federal Rule of Civil Procedure 4 and New York law.
3. Whether Gordon adequately pleaded Article III standing against the UB defendants.
4. Whether Gordon adequately pleaded a race-based equal protection claim against UB and Borden.
5. Whether UB and Borden were entitled to qualified immunity at the pleading stage.
6. Whether leave to amend to add The Blackstone Charitable Foundation would be futile.

Disposition

other