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Buhendwa v. Reg'l Transp. Dist.

United States District Court, D. Colorado

February 6, 2015

MADINA BUHENDWA, Plaintiff,
v.
REGIONAL TRANSPORTATION DISTRICT, University Based Pass/CU Student Buss Pass, (15) BOARD OF DIRECTORS, in their official capacities, BILL JAMES, BARBARA DEADWLER, ANGIE RIVERA MALPIEDE, JEFF WALKER, CLAUDIA FOLSKA, TOM TOBIASSEN, GARY LASATER, KENT BAGLEY, JUDY LUBOW, LARRY HOY, PAUL DANIEL SOLANO, LORAINE ANDERSON, NATALIE MENTEN, BRUCE DALY, and CHARLES L. SISK, Defendants

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For Madina Buhendwa, Plaintiff, Pro se, Boulder, CO.

Regional Transportation District, University Based Pass, CU Student Bus Pass, Board of Directors, in their official capacity, Bill James, Barbara Deadwler, Angie Rivera Malpiede, Jeff Walker, Claudia Folska, Tom Tobiassen, Gary Lasater, Kent Bagley, Judy Lubow, Larry Hoy, Paul Daniel Solano, Loraine Anderson, Natalie Menten, Bruce Daly, Charles L. Sisk, Defendants: Rolf Gunnar Asphaug, Regional Transportation District, Department of General Counsel, Denver, CO.

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RECOMMENDATION REGARDING DEFENDANTS' MOTIONS TO DISMISS

Craig B. Shaffer, United States Magistrate Judge.

This matter comes before the court on Defendant Regional Transportation District's

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(" RTD" ) Motion to Dismiss (Doc. #10), filed on April 25, 2014. Also before the court is Defendants Charles L. Sisk, Bruce Daly, Natalie Menten, Lorraine Anderson, Paul Daniel Solano, Judy Lubow, Larry Hoy, Kent Bagley, Gary Lasater, Tom Tobiassen, Claudia Folska, Jeff Walker, Angie Rivera Malpiede, Barbara Deadwyler, Bill James, and the (15) RTD Board of Directors' (" Board of Directors" ) Motion to Dismiss (Doc. #31), filed on May 16, 2014.[1] These Motions were referred to the Magistrate Judge pursuant to the Order of Reference dated May 8, 2014 (Doc. #13) and memoranda dated May 8, 2014 (Doc. #14) and May 16, 2014 (Doc. #32). The court has carefully considered the motions and related briefing, the entire case file, and the applicable case law. For the following reasons, I recommend that Defendants' Motions to Dismiss be granted.

PROCEDURAL HISTORY

Pro se Plaintiff Madina Buhendwa seeks damages pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1981, and Title VI of the Civil Rights Act of 1964 (" Title VI" ), 42 U.S.C. § 2000d on the basis that Defendant RTD restricted her access to its public transportation services because of her race. Plaintiff also claims that RTD is liable for tortious interference with a contract. Plaintiff is African American and a student at the University of Colorado, Boulder (" C.U." ).

Ms. Buhendwa filed her Complaint on March 10, 2014, naming RTD and Benjamin Norman as Defendants. (Doc. #1). Plaintiff simultaneously filed a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Doc. #3), which Magistrate Judge Boland granted on March 12, 2014. (Doc. #5). The following day, Judge Boland ordered Plaintiff to file an amended complaint that comported with Rule 8 of the Federal Rules of Civil Procedure and alleged the personal participation of each Defendant in an arguable deprivation of Plaintiff's constitutional or statutory rights. (Doc. #6).

Plaintiff filed her Amended Complaint on April 14, 2014, adding as Defendants (15) Board of Directors, in their official capacity, James A. Stadler, Stephen P. Schmitz, Unknown Driver, Charles L. Sisk, Bruce Daly, Natalie Menten, Lorraine Anderson, Paul Daniel Solano, Judy Lubow, Larry Hoy, Kent Bagley, Gary Lasater, Tom Tobiassen, Claudia Folska, Jeff Walker, Angie Rivera Malpiede, Barbara Deadwyler, Bill James.[2] (Doc. #9). She asserted the following claims for relief: (1) violation of her Fourteenth Amendment right to equal protection and due process pursuant to 42 U.S.C. § 1983; (2) interference with her contractual rights in violation of 42 U.S.C. § 1981; (3) racial discrimination in violation of Title VI; and, (4) tortious interference with her contractual rights. Although Plaintiff's allegations are generally difficult to ...


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