Maffeo v. Nevada Ex Rel. Board of Regents of the Nevada System of Higher Education

MEMORANDUM

The University of Nevada Las Vegas expelled Danielle Maffeo from its dental school because of her multiple academic failures in courses and her failure to comply with conditions of academic probation. She unsuccessfully brought suit in state court effectively seeking (1) to overturn the University’s decision, and (2) to be reinstated. Undaunted, she brought this action two years later in district court, alleging substantive and procedural due process violations under 42 U.S.C. § 1988 . With the explicit consent of both parties, the collective defendants’ motion to dismiss was converted into a motion for summary judgment, which the court granted in their favor. She appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

After thoroughly reviewing the record, we conclude as follows.

1. The district court did not err in converting the motion to dismiss into a motion for summary judgment. We note that Appellant’s counsel said he had “no objection” to the court’s suggestion, and that the record was sufficient to do so. Contrary to Maffeo’s claim, the district court did not prohibit her from conducting additional depositions. In any event, she fails to…