College of DuPage (ECWd) –
The college of DuPage filed their motion to dismiss on Counts I, II, and IV of Robert Breuder’s lawsuit against the college today in the Northern District of the Federal courts.
It is appearing to be a very distinct and appropriate response to what we, ECWd, consider a frivolous case.
DEFENDANT BOARD OF TRUSTEES’
MOTION TO DISMISS COUNTS I, II, AND IV OF PLAINTIFF’S COMPLAINT
Defendant Board of Trustees respectfully moves to dismiss Counts I, II and IV of Plaintiff’s
Complaint under Fed. R. Civ. P. 12(b)(6). Plaintiff was terminated from his position as
President of the College of DuPage on October 20, 2015. The next day, he filed suit against the
Board and several individual members of the Board. All three of his claims against the Board
should be dismissed for failure to state claims upon which relief can be granted.
Count I (due process/property) fails to state a claim because Plaintiff has no property interest.
He has no contractual property interest because his employment contract was void for
multiple reasons, and Board policies did not create any extracontractual property interest. Count
II (due process/liberty) fails to state a claim that Plaintiff was deprived of occupational liberty by
being stigmatized, because such a claim would require Plaintiff to state a claim for defamation
against the individual defendants, which he cannot do. The alleged defamatory statements
against Plaintiff, a public figure, are protected by the First Amendment and various privileges
and immunities. Additionally, Counts I and II fail to state due process claims because all the process
that was due was available to Plaintiff, who refused it. Finally, Count IV (breach of contract)
fails to state a claim because no valid contract exists.
As we review the claims in this filing we will provide a cross referencing to some of our arguments presented in the recent video coverage of Brueder’s claims.
The language and arguments used should sound familiar to our readers. We have written about these in the recent past.
The Motion and Supporting Memorandum are below and we will provide further commentary in the next few days.