Carolyn Escalante v. San Francisco Community College District and Board of Trustees
Published: Mar. 19, 2021 | Result Date: Feb. 11, 2021 | Filing Date: Sep. 11, 2018 |Case number: 3:18-cv-05562-HSG Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Petitioner
Respondent
Maria M. Lampasona
(Rankin, Shuey, Ranucci, Mintz, Lampasona & Reynolds)
Sheena B. Patel
(Lombardi, Loper & Conant, LLP)
Katharine R. McDonagh
(Weinberg, Roger & Rosenfeld)
Facts
On September 11, 2018, plaintiff Carolyn Escalante filed a pro se complaint for civil rights violation against defendants the San Francisco Community College District and Service Employees International Union, Local 1021.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants unlawfully interfered with plaintiff's rights under the Family Medical Leave Act. Specifically, plaintiff contended that she was approved for and took FMLA leave; however, the amount of leave was improperly calculated.
DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's causes of action against the SFCCD defendants were barred by the 11th amendment and common law immunity. Defendant contended that plaintiff failed to allege specific acts for a constitutional cause of action.
Result
The district court granted defendant's motion to dismiss plaintiff's third amended complaint. Plaintiff's federal claims were dismissed with prejudice.
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