Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kamayou v. University of Massachusetts Lowell

United States District Court, D. Massachusetts

July 26, 2018

FABRICE KAMAYOU, Plaintiff,
v.
UNIVERSITY OF MASSACHUSETTS LOWELL et al., Defendants.

          REPORT AND RECOMMENDATION ON UNIVERSITY'S FED. R. CIV. P. 12(B)(1) MOTION TO DISMISS (DKT. NO. 31)

          DONALD L. CABELL, U.S.M.J.

         Fabrice Kamayou was a graduate student at the University of Massachusetts at Lowell (“the University”) until the University expelled him after learning he'd been charged with domestic violence related offenses. Kamayou has brought suit against the University, its police department, and various University police officers for violating his constitutional rights, for tortious conduct, and for breach of contract. The defendants argue that they are immune from suit and move pursuant to Fed.R.Civ.P. 12(b)(1) to dismiss the complaint for lack of subject matter jurisdiction. (Dkt. No. 31). Kamayou opposes the motion and the matter has been fully briefed. (Dkt. No. 37). After careful consideration of the parties' submissions, the court recommends that the motion be granted in part and denied in part.

         I. RELEVANT FACTUAL BACKGROUND

         The facts are taken from the complaint and assumed to be true for purposes of the motion to dismiss.

         In the fall of 2011, Kamayou enrolled as a graduate student at the University with the hopes of obtaining a Master of Science degree in applied mathematics. (Compl. ¶ 39). Kamayou was an exceptional student and maintained a perfect grade point average. (Id. at ¶ 43). In January 2013, however, things took a turn for the worse.

         On January 10, 2013, Kamayou's former girlfriend, also a University student, falsely accused Kamayou of kidnapping her following a dispute with Kamayou's then current girlfriend, and Kamayou was subsequently charged with attempted kidnapping in the Clinton District Court. (Id. at ¶¶ 48, 55). Kamayou's former girlfriend also notified the University of the pending criminal charges and insisted that Kamayou be expelled and barred from the campus. (Id. at ¶ 49).

         Immediately thereafter, the University suspended Kamayou and issued a no-trespass order barring him from the campus. (Id. at ¶¶ 50, 53). Kamayou did not receive prior notice of the University's adverse action against him and also was not offered an opportunity to be heard. (Id. at ¶ 50).

         Following his suspension, the University ordered Kamayou to meet with its Coordinator of Student Conduct, defendant Bohdan Zaryckyj (“Zaryckyj”). (Id. at ¶ 56). Kamayou was instructed to first meet with Detective Mark Schaaf (“Schaaf”) and Sergeant Scott Childs[1] (“Childs”), both members of the University's Police Department, who would then escort Kamayou to meet with Zaryckyj. (Id. at ¶ 57).

         Upon arrival, Kamayou was escorted to Zaryckyj's office, where he was “placed in custody” while Officers Schaaf and Childs stood guard outside. (Id. at ¶ 60). Zaryckyj then proceeded to “interrogate” Kamayou about the criminal matter before the Clinton District Court, and demanded that Kamayou provide “a written statement” about the events surrounding the charge. (Id. at ¶¶ 61, 63). Zaryckyj then left the room, leaving Kamayou alone to write his statement. (Id. at ¶ 63). In a moment of panic, Kamayou called his sister, who reminded him of his attorney's instruction not to speak to anyone about the Clinton District Court matter without the attorney being present. (Id. at ¶ 65).

         Kamayou then attempted to leave the room, taking with him Zaryckyj's notes of the interrogation. (Id. at ¶ 69). Zaryckyj instructed Officers Schaaf and Childs to physically restrain Kamayou and to forcibly take the notes from him. (Id. at ¶ 70). The Officers then “pounced” on Kamayou and “exerted a savage beating” on him. (Id. at ¶ 71).

         As a result of this encounter, Kamayou was further charged with malicious or wanton damage to property, larceny, and resisting arrest. (Id. at ¶ 73). The Lowell District Court subsequently dismissed the malicious/wanton damage and larceny charges. (Id. at ¶ 76). Kamayou was acquitted of the resisting arrest charge following a jury trial. (Id. at ¶ 78).

         But, while these criminal charges were still pending, Zaryckyj initiated a Campus Conduct Board Hearing against Kamayou, who once again was not given notice of the proceedings or an opportunity to be heard. (Id. at ¶¶ 80-83). The Board decided to expel Kamayou from the University. (Id. at ¶ 84).

         II. PROCEDURAL POSTURE

         On October 23, 2017, the defendants moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. (Dkt. No. 31). They also moved on the same day for summary judgment. (Dkt. No. 33). The plaintiff filed an opposition to the motion to dismiss on November 11, 2017, and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.