Gearhart
Gearhart v. United States Department of Education
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JEFFREY GEARHART,
Case No. 19-cv-00750-YGR Plaintiff, ORDER GRANTING IN PART AND DENYING v. IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT
UNITED STATES DEP’T OF EDUC., ET AL.,
Re: Dkt. No. 27 Defendants.
Plaintiff Jeffrey Gearhart (“Gearhart”), federal student loan borrower, brought this action against defendants United States Department of Education (“the Department”) and Secretary of Education Betsy DeVos (“the Secretary”) based upon its actions in garnishing his tax returns in collection of alleged student loan debt. Defendants previously moved to dismiss Gearhart’s complaint, which motion was granted with leave to amend. In his First Amended Complaint filed August 9, 2019 (Dkt. No. 26 [“FAC”]), Gearhart alleges violations of the Administrative Procedure Act (“APA”) and a Bivens Claim for violation of his rights under the…