Plaintiff argues instead that the Supreme Court, the Eleventh Circuit, and trial courts within the Eleventh Circuit have at least been willing to "assume" that such a right exists for some thirty years. (Id. (citing Regents of Univ. of Mich. v. Ewing, 474 U.S. 214, 222-223 (1985), Haberle v. Univ. of Ala., 803 F.2d 1536, 1539 n.1 (11th Cir. 1986), Wright v. Chattahoochee Valley Cmty. Coll., No. 3:06-cv-1087-WKW, 2008 WL 4877948, at *9-10 (M.D. Ala. Nov. 12, 2008), and Hamil v. Vertrees, No. 98-D-508-N, 2001 WL 135716, at *9 (M.D. Ala. Jan. 10, 2001))). Plaintiff infers and implies from these cases that he has a clearly established right to post-secondary education in a state school.
See Morris v. Wallace Community College-Selma, 125 F. Supp. 2d 1315, 1335 (S.D. Ala. 2001)("Alabama's state law sovereign immunity extends to community colleges. . ." (citing Williams v. John C. Calhoun Community College, 646 So. 2d 1, 2 (Ala.1994))) ; Wright v. Chattahoochee Valley Community College, 2008 WL 4877948 (M.D. Ala. 2008) ("State educational institutions, such as [Chattahoochee Valley Community College] are agencies or instrumentalities of the state and thus are immune from suit in federal court." (internal quotations omitted)).