University Times

A federal court judge has dismissed a complaint filed against the University by a transgender former Pitt-Johnstown student, but left open the possibility of reopening the discrimination and breach of contract claim.

In a Sept. 16 pro se claim, Seamus Johnston argued the University discriminated against him on the basis of sex.

Johnston, who was born female but identifies as male, was banned from the campus in 2011 and later expelled for refusing to stop using men’s restroom and locker room facilities at UPJ. (See Nov. 21 University Times.)

U.S. Magistrate Judge Keith A. Pesto on Oct. 29 recommended the complaint be dismissed for failure to state a claim. Johnston on Nov. 7 requested extra time to secure counsel to help amend his complaint. In a request to extend the deadline for amending his complaint to Jan. 14, Johnston stated that the National Center for Lesbian Rights had agreed to represent him, contingent on finding local pro bono counsel.

U.S. District Judge Kim R. Gibson dismissed Johnston’s complaint, stating, “… there is no benefit to continuing this matter as an open case on the chance that 60 days from now counsel might appear and might file a meritorious amended complaint.”

Gibson’s Nov. 26 order dismissed the case “without prejudice,” which would allow the matter to be reopened if an amended complaint is filed by Jan. 14. If no amended complaint is filed, the complaint would be dismissed permanently.

—Kimberly K. Barlow