Professional Documents
Culture Documents
No. 12-1961
SYLVIA E. NOFSINGER,
Plaintiff - Appellant,
v.
VIRGINIA COMMONWEALTH UNIVERSITY; E. DOUGLAS BOUDINOT, Dean,
School of Graduate Studies; CECIL B. DRAIN, Dean, School of
Allied Health Professions; THOMAS P. MAYHEW, Chair and
Associate Professor, Department of Physical Therapy; U. S.
PHYSICAL THERAPY, INC.,
Defendants - Appellees,
and
LISA D. SHOAF, Associate Professor, Department of Physical
Therapy; EMMA WHEELER, Assistant Professor, Chair of
Admissions,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:12-cv-00236-JRS)
Submitted:
Decided:
April 2, 2013
PER CURIAM:
Sylvia E. Nofsinger appeals the district courts order
granting Defendants motions to dismiss her complaint pursuant
to Fed. R. Civ. P. 12(b)(1) and 12(b)(6).
relate
to
her
dismissal
from
the
Nofsingers claims
Virginia
Commonwealth
Pursuant
to
Physical
an
affiliation
Therapy,
Inc.
agreement
(USPT),
between
Nofsinger
VCU
and
enrolled
U.S.
in
required
After
affirm.
We review de novo a district courts order dismissing
a complaint for failure to state a claim, assuming that all
well-pleaded nonconclusory factual allegations in the complaint
are true.
2011).
of the complaint.
Cir. 2009).
their
claims
across
the
line
from
conceivable
to
plausible.
argues
that
the
district
court
erred
in
requires
whether
two-part
analysis:
[the
plaintiff]
was
(1982).
Amendment
requires
that
all
persons
similarly
To succeed on an equal
and
intentional
Garraghty,
that
or
239
the
unequal
purposeful
F.3d
648,
treatment
was
the
discrimination.
654
(4th
Cir.
2001).
result
Morrison
of
v.
Nofsinger
students
to
were
establish
similarly
that
any
situated
and,
differential
furthermore,
treatment
was
the
result of discrimination.
Nofsinger also appeals the district courts dismissal
of her breach of contract claim against USPT.
that
she
was
an
intended
third
party
Nofsinger alleges
beneficiary
of
the
several
district
court
provisions
correctly
of
found
the
contract.
that
USPT
did
Because
not
make
the
the
Because Nofsinger
now
pursue
this
claim
in
this
court.
Nofsinger
also
The
Papasan v. Allain,
478 U.S. 265, 276 (1986) (internal quotation marks and citations
omitted).
pauperis,
dispense
with
contentions
are
we
oral
although
affirm
the
argument
adequately
we
grant
leave
district
because
presented
in
to
courts
the
the
facts
proceed
order.
in
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED