Where a man asserted claims against Virginia Commonwealth University, or VCU, and several VCU employees, arising out of an encounter in the university library, the federal discrimination and Family Educational Rights and Privacy Act claims were dismissed for failure to state a claim.
Background
Johnny O. Oliverio brings this action against VCU and several VCU employees. Plaintiff’s claims arise out of a brief encounter between himself and one of the individual defendants (Doherty) that allegedly took place at VCU library on March 30, 2022.
Defendant alleges that Doherty’s actions during this encounter, and the actions of the university and various other employees in response to the encounter, constituted discrimination against him, violated his rights under the Family Educational Rights and Privacy Act, or FERPA, and defied VCU’s institutional reporting requirements. Defendants removed this action from the circuit court and filed a motion to dismiss.
Analysis
As defendants appropriately put it, the amended complaint constitutes a “rambling collection of allegations against VCU and various employees” that fails to specify why plaintiff believes each defendant is liable to him, leaving defendants in the difficult position of determining the exact basis for plaintiff’s claims. The court agrees that Rule 8 prohibits pleadings of this nature, and the court could dismiss plaintiff’s amended complaint on this basis alone.
Nevertheless, this court adheres to the general principle...
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