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Labickas v. Arkansas State University

United States Court of Appeals, Eighth Circuit
Feb 5, 1996
78 F.3d 333 (8th Cir. 1996)

Summary

holding that Congress did not intend to create a private right of action under the HEA, after considering the broad enforcement authority granted to the Secretary of Education

Summary of this case from McCulloch v. PNC Bank Inc.

Opinion

No. 95-2936.

Submitted January 31, 1996.

Decided February 5, 1996.

Appeal from the United States District Court for the Eastern District of Arkansas.

The appellant appeared pro se in this appeal.

Counsel who represented the appellee was Patricia Van Ausdall of Little Rock, Arkansas. In addition the name of Winston Bryant as Attorney General appears on the brief of the appellee.

Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges.


Steven C. Labickas appeals from the district court's dismissal of his complaint seeking damages from Arkansas State University and Rita Toland for violations of Title IV of the Higher Education Act (HEA) ( 20 U.S.C. § 1070-1099) and state common law.

The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas.

Labickas, a full-time student at Arkansas State University (ASU), alleged that when he applied through ASU for a federally-subsidized Stafford loan, Toland, an ASU financial aid administrator, informed Labickas that as part of the application process, he would have to authorize ASU to review his credit. Labickas refused to grant ASU that permission, insisting that his credit record is private. ASU refused to certify his Stafford loan application. Labickas argued that ASU's policy of requiring credit checks of Stafford loan applicants is not authorized by the HEA. Labickas also asserted pendent state law claims of breach of fiduciary duty, outrageous conduct, and breach of contract.

On defendants' motion, the district court dismissed Labickas's complaint with prejudice, concluding that the HEA does not create a private cause of action for student borrowers. In a footnote, the district court held that Labickas's pendent state law claims "must also fail."

We review de novo the district court's dismissal for failure to state a claim. Allen v. Purkett, 5 F.3d 1151, 1153 (8th Cir. 1993) (per curiam), cert denied, 115 S.Ct. 100 (1994).

In determining whether a private remedy exists under the HEA, this court must look to four factors: (1) is the plaintiff a member of the class for whose especial benefit the statute was passed; (2) was there a legislative intent to create or deny a private remedy; (3) is an implied remedy consistent with the purpose of the legislative scheme; and (4) is the cause asserted one that is traditionally relegated to state law. See Cort v. Ash, 422 U.S. 66, 78 (1975). The critical inquiry, however, is whether Congress intended to create a private cause of action. Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11, 24 (1979). Thus, the second and third Cort factors carry more weight in the analysis than do the other factors. Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134, 145 (1985).

We conclude that no private right of action is implied under the HEA for student borrowers. The HEA specifies that the Secretary of Education has the power to carry out the Act's purposes; the Secretary has promulgated numerous and comprehensive regulations that regulate educational institutions' compliance with the HEA; and the statute and legislative history do not otherwise suggest congressional intent to create a private remedy. See 20 U.S.C. § 1070(b), 1082(a)(2), 1082(h); Parks Sch. of Business, Inc. v. Symington, 51 F.3d 1480, 1485 (9th Cir. 1995); L'ggrke v. Benkula, 966 F.2d 1346, 1347-48 (10th Cir. 1992). As Labickas has no claim under the HEA, it is irrelevant that the caption on the district court's order identified Toland as a defendant only in her official capacity.

Although it was within the district court's discretion to dismiss Labickas's state law claims, see McLaurin v. Prater, 30 F.3d 982, 985 (8th Cir. 1994), they should have been dismissed without prejudice. Cf. Stokes v. Lokken, 644 F.2d 779, 785 (8th Cir. 1981) (construing order dismissing state law claims following summary judgment on federal claims as dismissal without prejudice because such procedure is the "normal practice").

Accordingly, we affirm the dismissal with prejudice of Labickas's HEA claim and modify the dismissal of his state law claims to be without prejudice.


Summaries of

Labickas v. Arkansas State University

United States Court of Appeals, Eighth Circuit
Feb 5, 1996
78 F.3d 333 (8th Cir. 1996)

holding that Congress did not intend to create a private right of action under the HEA, after considering the broad enforcement authority granted to the Secretary of Education

Summary of this case from McCulloch v. PNC Bank Inc.

holding that no private right of action is implied under Title IV of the Higher Education Act for student borrowers

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finding no private right of action for student borrowers

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finding that the HEA reserves all enforcement activity to the Secretary of Education

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concluding "that no private right is implied under the HEA for student borrowers" against educational institutions

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concluding that the HEA reserves all enforcement activity to the Secretary of Education

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concluding that the HEA reserves all enforcement activity to the Secretary of Education, citing 20 U.S.C. §§ 1070(b), 1082, 1082(h)

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affirming dismissal of student borrower's suit for failure to state a claim upon which relief can be granted because there is no private right of action under the HEA

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modifying district court’s decision to dismiss state law claims so that they were dismissed without prejudice after federal claims were dismissed

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following dismissal of federal claims, court may dismiss state-law claims without prejudice

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following dismissal of federal claims, court may dismiss state law claims without prejudice

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following dismissal of federal claims, court may dismiss state law claims without prejudice

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following dismissal of federal claims, district court may dismiss state-law claims without prejudice

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following dismissal of federal claims, district court may dismiss state-law claims without prejudice

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following dismissal of federal claims, district court may dismiss state-law claims without prejudice

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following dismissal of federal claims, district court has discretion to dismiss state law claims, but dismissal should be without prejudice

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following dismissal of federal claims, district court has discretion to dismiss state-law claims, but dismissal should be without prejudice

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following dismissal of federal claims, district court has discretion to dismiss state law claims, but dismissal should be without prejudice

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modifying dismissal of state claims under 28 U.S.C. § 1367 to be without prejudice

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reviewing HEA's legislative history and finding it creates no private right of action

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modifying a dismissal "with prejudice" to be a dismissal "without prejudice"

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Case details for

Labickas v. Arkansas State University

Case Details

Full title:STEVEN C. LABICKAS, APPELLANT, v. ARKANSAS STATE UNIVERSITY; RITA TOLAND…

Court:United States Court of Appeals, Eighth Circuit

Date published: Feb 5, 1996

Citations

78 F.3d 333 (8th Cir. 1996)

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