Clemes

On July 12, 1993, plaintiff Jack Ciernes brought suit against defendants Del Norte County Unified School District, Gene Edinger, Paul H. McCarthy, Debi Balzarini, Darlene Fosdick and Karen Marcum, alleging injuries arising from plaintiffs attempts to rectify certain improprieties that he witnessed on the part of the school district and its employees. Mr. Ciernes sued under a host of statutes, including 42 U.S.C. §§ 1981 , 1982, 1983, 1985, and 1986; 42 U.S.C. § 2000d et seq. (“Title VI”); 20 U.S.C. § 1681 (“Title IX”); and 31 U.S.C. § 3730 (h) (“False Claims Act”). Mr. Ciernes also petitioned the court for a writ of mandamus to review an administrative hearing at which his employment was terminated.

Defendants have now moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss plaintiffs complaint on the following grounds: 1) Mr. Ciernes has no standing to bring an action based upon violations of Title VI or Title IX because he is not a member of a class protected by those statutes; 2) Mr. Ciernes fails to state a claim under 42 U.S.C. §§ 1981 , 1982, and 1985 because he is not a member of a class protected by those statutes; 3) Mr. Ciernes’…