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DACOSTA v. NWACHUKWA

No. 02-10960 Non-Argument Calendar.

304 F.3d 1045 (2002)

Melanie Lydia DACOSTA, Plaintiff-Appellee, v. Stanislaus NWACHUKWA, individually and in his official capacity as college instructor for Georgia Military College, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 18, 2002.

Attorney(s) appearing for the Case

George P. Shingler, Casey, Gilson & Williams, Atlanta, GA, Mark A. Basurto, Bush Ross Gardner Warren & Rudy, P.A., Tampa, FL, for Defendant-Appellant.

Michael Bernard King, Jonesboro, GA, for Plaintiff-Appellee.

Before CARNES, HULL and WILSON, Circuit Judges.

PER CURIAM:

Stanislaus Nwachukwa (Appellant), a college instructor at Georgia Military college, appeals the district court's denial of his motion to dismiss Melanie Lydia Dacosta's suit, filed pursuant to 42 U.S.C. § 1983, on the basis of qualified immunity. The district court denied Appellant's motion to dismiss, finding that Dacosta's complaint alleged a violation of her substantive due process rights under the Fourteenth

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