Blevins v. Suarez

2 Citing cases

  1. Abdelbaki v. N. Va. Cmty. Coll.

    Civil Action 1:21-cv-00073 (RDA/TCB) (E.D. Va. Mar. 16, 2022)   Cited 2 times

    Given that Defendants' position comports with the jurisprudence in this circuit and Plaintiff has represented that he does not contest the dismissal of NVCC, this Court lacks jurisdiction over any claims asserted directly against NVCC. See, e.g., Blevins v. Suarez, No. 4:08-cv-00014, 2008 WL 4560627, at *7 n.9 (W.D. Va. Oct. 10, 2008) (“The legislature did not specifically designate the individual community colleges or grant them any powers, specifically the power to sue or be sued.”), aff'd, 322 Fed.Appx. 284 (4th Cir. 2009); Goff v. J. Sargeant Reynolds Cmty. Coll., 68 Va. Cir. 382, 383 (2005) (finding that a Virginia community college was not an “independent legal entity” capable of being sued because it lacked the requisite statutory invitation).

  2. Hart v. Hanover County School Board

    Action No. 3:10-CV-794 (E.D. Va. Feb. 11, 2011)   Cited 4 times

    Hart has not made out a prima facie case under the FLSA's anti-retaliation provision and, consequently, her claim must fail. See Blevins v. Suarez, No. 4:08-CV-14, 2008 U.S. Dist. LEXIS 80339, at *18 (W.D. Va. Oct. 10, 2008), aff'd, 322 Fed. Appx. 284 (4th Cir. 2009) ("[b]ecause [Plaintiff] cannot satisfy his prima facie burden under the FLSA anti-retaliation provision, his claim fails according to Rule 12(b)(6)."). Because the Court has determined that Hart's Complaint fails to state a claim upon which relief can be granted, the Court does not reach the issue of whether Ashby is an employer under the FLSA.