U.S. Court of Appeals for the Fifth Circuit, 2007

McKnight v. State of Louisiana Bese Board

McKnight v. State of Louisiana Bese Board
U.S. Court of Appeals for the Fifth Circuit · Decided June 14, 2007 · Jolly, Dennis, Clement
242 F. App'x 141

McKnight v. State of Louisiana Bese Board

Opinion

PER CURIAM: *

Appellant Jeffrey Neal McKnight is appealing a dismissal under Fed.R.Civ.P. 12(b)(6) for failure to state a cognizable claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. We review dismissal under Fed.R.Civ.P. 12(b)(6) de novo. Martin K. Eby Constr. Co. v. Dallas Area Rapid, Transit, 369 F.3d 464, 467 (5th Cir. 2004) (citation omitted). We agree with the district court that the complainant fails to state a claim under Title VII, since a student is not considered an employee of a school. See O’Connor v. Davis, 126 F.3d 112, 116 (2d Cir. 1997). See also McGuinness v. Univ. of New Mexico Sch. of Med., 170 F.3d 974, 979 (10th Cir. 1998). The complaint is vague as to how his claims amount to constitutional violations or violations of other federal laws warranting relief.

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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