# Carter v. St. Tammany Parish School Board

> District Court, E.D. Louisiana · February 24, 2022

URL: https://www.frixlaw.com/law-library/cases/10187532

## Case

- **Court:** District Court, E.D. Louisiana
- **Decided:** February 24, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10187532

## How later opinions describe it (automated extraction)

- discussing the essential elements of a 42 U.S.C. § 1981 claim, which include that a plaintiff must suffer an adverse employment action

## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ERIN CARTER CIVIL ACTION

VERSUS NO. 21-1303

ST. TAMMANY PARISH SCHOOL SECTION M (1)
BOARD, et al.

ORDER & REASONS
Before the Court is a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of
Civil Procedure filed by defendants St. Tammany Federation of Teachers and School Employees,
Deborah Green, and Patricia Craddock (collectively, the “Union”).1 Plaintiff Erin Carter responds
in opposition.2 Having considered the parties’ memoranda, the record, and the applicable law, the
Court issues this Order & Reasons granting the Union’s motion because Carter’s claims are either
time-barred or fail to satisfy the requisite pleading standards set forth in Rule 8, Twombly, and
Iqbal.
I. BACKGROUND
This case concerns the alleged discrimination Carter is said to have faced at Pitcher Junior
High (“Pitcher”) during her tenure there from 2015-2017, including, but not limited to, Pitcher’s
denial of her requests for extended sick leave.3 During her time there, she worked pursuant to a
collective bargaining agreement (“CBA”) negotiated by the Union.4 Carter alleges that on April
24, 2017, she became extremely ill due to debilitating migraines and, therefore, was unable to
1 R. Doc. 23.
2 R. Doc. 29.
3 R. Doc. 29-1 at 7. Extended sick leave is paid leave under Louisiana law. La. R.S. 17:1202.
4 R. Doc. 1 at 40.
continue working.5 She requested extended sick leave through the end of the school year, which
the associate superintendent of the St. Tammany Parish School Board (the “School Board”)
denied.6 Carter was, however, eligible for unpaid medical leave and was instructed to complete
and return an application for such leave if she were unable to return to school.7 Carter did not
complete the application, nor did she return to school for the rest of the year.8

On June 13, 2017, Pitcher’s principal conducted an administrative hearing concerning
Carter’s unauthorized leave of absence; her “mishandling” of a non-sanctioned school fundraiser;
and her failure to comply with the school’s gradebook standards.9 Carter did not show up for the
hearing.10 As a result, the principal recommended to the School Board’s superintendent that Carter
be terminated and that a second administrative hearing be conducted to investigate and review
Carter’s status as an employee of the School Board.11 Carter alleges that the Union violated her
CBA because she “should have had a conference with the Administration prior to the next step
[i.e., the second hearing].”12 At the second administrative hearing, which occurred on June 26,
2017, the School Board’s assistant superintendent recommended that Carter be terminated due to
her “willful neglect of duty through unauthorized leave and poor performance.”13 The School

Board accepted the recommendation and terminated Carter on July 5, 2017.14 Carter alleges that
the Union “breached its duty of fair representation” because it did not provide Carter with any

5 R. Doc. 29-1 at 8.
6 Id.
7 R. Doc. 22-1 at 2.
8 Id.
9 Id. at 3.
10 Id.
11 Id.
12 R. Doc. 1 at 47.
13 R. Doc. 22-1 at 3.
14 Id.
post-termination advice or grievance documents and its representation at the two hearings “was a
sham.”15
Carter’s complaint sets forth two counts.16 In Count I, she lists the following authorities
in her subtitle for the count, as if they constitute the basis for her claims: (1) 42 U.S.C. § 1981; (2)

42 U.S.C. § 1983; (3) “Monell Claim Section 1983”; (4) 42 U.S.C. § 1985; (5) 42 U.S.C. § 1986;
(6) “14th Amendment Due Process and Equal Protection”; (7) “Section 1983 – Fourteenth
Amendment Due Process Clause”; and (8) “Section 1983 – Fourteenth Amendment Equal
Protection Clause.”17 Although generally lacking adequate factual allegations for certain of the
required elements of these claims, Carter’s complaint purports to state the claims against the
Union.18 In Count II, Carter lists the following authorities in her subtitle for the count, again as if
they constitute the basis for her claims: (1) Section 301 of the Labor-Management Relations Act
(“LMRA”), 29 U.S.C. § 185; (2) 42 U.S.C. § 1983; (3) “Monell Claim Section 1983”; (4) 42
U.S.C. § 1985; (5) 42 U.S.C. § 1986; (6) “14th Amendment Due Process and Equal Protection”;
(7) “Section 1983 – Fourteenth Amendment Due Process Clause”; and (8) “Section 1983 –
Fourteenth Amendment Equal Protection Clause.”19 And again, although generally lacking

adequate factual allegations for certain of the required elements of these claims, Carter’s complaint
purports to state the claims against the Union.20 Additionally, in her description of the events
giving rise to Count II, Carter notes that she also “asserts [(1)] violation of the Fourteenth
Amendment to the United States Constitution (deprivation of property interest without due process

15 R. Doc. 1 at 49.
16 Id. at 35, 39.
17 Id. at 35.
18 See id. at 36 (“Plaintiff[] was discriminated against, harassed, retaliated against and finally terminated due
to her race by Defendant[s] ... St. Tammany Federation of Teachers and School Employees, ... Deborah Green, [and]
Patricia Craddock.”).
19 Id. at 39.
20 See id.
of law); (2) violation of the CBA; (3) denial of equal protection under the law, and (4) intentional
infliction of emotional distress,”21 although she does not say against whom she asserts these
claims.22
II. PENDING MOTION

In its motion to dismiss, the Union requests “that this Court dismiss all claims asserted in
... Carter’s Complaint, with prejudice.”23 Specifically, the Union argues that (1) Carter’s federal
claims are time-barred under the applicable statutes of limitation and prescriptive periods; and (2)
Carter’s state-law claims are preempted by § 301 of the LMRA.24 Carter’s other claims, the Union
notes, “clearly are allegations against the Plaintiff’s former employer, the St. Tammany Parish
School Board” (the “School Board”) but, in an abundance of caution, adopts the School Board’s
arguments and joins in its motion to dismiss, wherein the School Board argues that Carter’s claims
are barred by res judicata, Title VII’s statute of limitations, and Carter’s failure to satisfy the
Twombly standard.25
In a rambling and repetitive 37-page opposition, Carter provides a history of 42 U.S.C.

§1981, argues that a four-year statute of limitations applies under 28 U.S.C. §1658, and argues that
res judicata is inapposite because she is not raising identical claims against identical defendants.26
Carter redescribes (several times) the alleged discriminatory events she noted in her complaint and
prays that all relief and associated costs will be granted in her favor.27

21 Id. at 48.
22 See id. (failing to identify a particular defendant or defendants against whom she brings these four claims).
23 R. Doc. 23 at 1.
24 Id.
25 R. Docs. 23 at 1 n.1; 22-1 at 5-10.
26 R. Doc. 29-1 at 14-18.
27 Id. at 35.
III. LAW & ANALYSIS
A. Rule 12(b)(6) Standard
The Federal Rules of Civil Procedure require a complaint to contain “a short and plain
statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Rule

8 “does not require ‘detailed factual allegations,’ but it demands more than an unadorned, the-
defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). The statement of the claim must
“‘give the defendant fair notice of what the … claim is and the grounds upon which it rests.’”
Twombly, 550 U.S. at 555 (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). A pleading does
not comply with Rule 8 if it offers “labels and conclusions,” “a formulaic recitation of the elements
of a cause of action,” or “‘naked assertions’ devoid of ‘further factual enhancement.’” Iqbal, 556
U.S. at 678 (quoting Twombly, 550 U.S. at 555, 557) (alteration omitted).
Rule 12(b)(6) of the Federal Rules of Civil Procedure permits a party to move to dismiss
for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). “To

survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true,
to ‘state a claim to relief that is plausible on its face.’” Iqbal, 556 U.S. at 678 (quoting Twombly,
550 U.S. at 570). A claim is plausible on the face of the complaint “when the plaintiff pleads
factual content that allows the court to draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). Plausibility does not equate
to probability, but rather “it asks for more than a sheer possibility that a defendant has acted
unlawfully.” Id. (citing Twombly, 550 U.S. at 556). “Where a complaint pleads facts that are
‘merely consistent with’ a defendant’s liability, it ‘stops short of the line between possibility and
plausibility of ‘entitlement to relief.’” Id. (quoting Twombly, 550 U.S. at 557). Thus, if the facts
pleaded in the complaint “do not permit the court to infer more than the mere possibility of
misconduct, the complaint has alleged – but it has not ‘shown’ – ‘that the pleader is entitled to
relief.’” Id. at 679 (quoting Fed. R. Civ. P. 8(a)(2)) (alteration omitted).
In considering a Rule 12(b)(6) motion to dismiss for failure to state a claim, a court employs

the two-pronged approach utilized in Twombly. The court “can choose to begin by identifying
pleadings that, because they are no more than conclusions [unsupported by factual allegations],
are not entitled to the assumption of truth.” Iqbal, 556 U.S. at 679. However, “[w]hen there are
well-pleaded factual allegations, a court should assume their veracity and then determine whether
they plausibly give rise to an entitlement to relief.” Id. “‘[The] task, then, is to determine whether
the plaintiff has stated a legally cognizable claim that is plausible, not to evaluate the plaintiff’s
likelihood of success.’” Body by Cook, Inc. v. State Farm Mut. Auto. Ins., 869 F.3d 381, 385 (5th
Cir. 2017) (quoting Doe ex rel. Magee v. Covington Cty. Sch. Dist., 675 F.3d 849, 854 (5th Cir.
2012)). Motions to dismiss are disfavored and rarely granted. Turner v. Pleasant, 663 F.3d 770,
775 (5th Cir. 2011) (citing Harrington v. State Farm Fire & Cas. Co., 563 F.3d 141, 147 (5th Cir.

2009)). A court’s review of a Rule 12(b)(6) motion to dismiss “is limited to the complaint, any
documents attached to the complaint, and any documents attached to the motion to dismiss that
are central to the claim and referenced by the complaint.” Lone Star Fund V (U.S.), L.P. v.
Barclays Bank PLC, 594 F.3d 383, 387 (5th Cir. 2010) (citing Collins v. Morgan Stanley Dean
Witter, 224 F.3d 496, 498-99 (5th Cir. 2000)).
B. Carter’s Claims are Time-Barred
First, the Union argues that Carter’s claim for breaches of the CBA allegedly occurring
during her employment, arising under § 301 of the LMRA, is time-barred.28 The Court agrees.

28 R. Doc. 23-1 at 3.
An employee is limited to a six-month period in which she may file suit against an employer and
a union under § 301 of the LMRA. Gray v. Amalgamated Meat Cutters Loc. 540, 736 F.2d 1055,
1055 (5th Cir. 1984) (citing DelCostello v. Int’l Brotherhood of Teamsters, 462 U.S. 151 (1983)).
Therefore, the employee must sue for breach of a collective-bargaining agreement within six

months of the accrual of her cause of action. Barrow v. New Orleans S.S. Ass’n, 932 F.2d 473,
480 (5th Cir. 1991) (citing DelCostello, 462 U.S. at 172). This statute of limitations begins to run
when the employee either knew or should have known of the injury itself rather than its
manifestations. Barrett v. Ebasco Constructors, Inc., 868 F.2d 170, 171 (5th Cir. 1989). Here,
Carter’s six-month period lapsed. She was terminated (her claimed principal injury) on July 5,
2017, but she did not file the instant action until July 6, 2021.29 Accordingly, her § 301 claim is
untimely and, as a result, barred.
Second, the Union argues that Carter’s state-law claim for breach of contract is preempted
by § 301 of the LMRA.30 To the extent Carter asserts any such claim against the Union, the Court
finds that it is “preempted by section 301 of the LMRA which expressly ‘provides the requisite

jurisdiction and remedies for individual employees covered under a collective-bargaining
agreement between that individual’s employer and the union.’” Horn v. Transdev Servs., Inc.,
2021 WL 4312694, at *3 (E.D. La. July 29, 2021) (quoting Thomas v. LTV Corp., 39 F.3d 611,
616 (5th Cir. 1994)), adopted, 2021 WL 4311050 (E.D. La. Sept. 22, 2021). Section 301 of the
LMRA provides:
Suits for violation of contracts between an employer and a labor organization
representing employees in an industry affecting commerce as defined in this
chapter, or between any such labor organizations, may be brought in any district
court of the United States having jurisdiction of the parties, without respect to the
amount in controversy or without regard to the citizenship of the parties.

29 R. Doc. 1 at 1, 35.
30 R. Doc. 23-1 at 4.
29 U.S.C. § 185(a). “The preemptive effect of this section applies to causes of action arising out
of contract and tort, and ‘preemption occurs when a decision on the state claim is inextricably
intertwined with consideration of the terms of the labor contract or when the application of state
law to a dispute requires interpretation of the collective-bargaining agreement.’” Horn, 2021 WL

4312694, at *3 (quoting Thomas, 39 F.3d at 616-17) (alteration omitted). “Those claims that only
tangentially involve provisions of collective-bargaining agreements, however, are not preempted
by section 301.” Id. (quoting Thomas, 39 F.3d at 617). Here, as the Union describes, Carter has
“cut and pasted several pages of the CBA into the Complaint as part of the pleading alleging that
the Union breached the contract to which she was a beneficiary,”31 and asserts that the Union
“breached its duty of fair representation.”32 Because the Court would have to interpret the terms
of the CBA and determine whether the Union’s alleged violation of fair representation falls within
the scope of the agreement, her breach-of-contract claim is “inextricably intertwined” with the
CBA. See id. Therefore, Carter’s breach-of-contract claim is preempted by § 301 of the LMRA
because it “requires this Court to decide what actions fall within the terms of the collective

bargaining agreement.” Id. at *3, *8. As such, the claim must be dismissed with prejudice.
C. Carter’s Remaining Claims Fail to Satisfy Rule 8, Twombly, and Iqbal
The Union maintains that Carter’s other claims are alleged solely against the School Board
and, consequently, confines its argument in its motion to only the two LMRA claims within Count
II.33 So, the bulk of the claims Carter may be attempting to assert against the Union remain
unaddressed in its motion. The Union chose to deal with these claims, assuming they are directed

31 Id.
32 R. Doc. 1 at 49.
33 Compare R. Doc. 23 at 1 n.1, with R. Doc. 1 at 35-53 (discussing the Union’s alleged violations of Carter’s
“other claims”).
against it, by simply adopting the School Board’s motion to dismiss.34 In its motion, the School
Board argues, inter alia, that Carter’s complaint “fail[s] to state a claim giving rise to any cause of
action against [it], based on State or Federal law” because the complaint fails to satisfy the standard
set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007).35 “Rule 8(a)(2) of the

Federal Rules of Civil Procedure provides, in a general way, the applicable standard of
pleading.” Alamo Forensic Servs., L.L.C. v. Bexar Cty., 861 F. App’x 564, 567 (5th Cir. 2021).
It requires that a complaint contain “a short and plain statement of the claim showing that the
pleader is entitled to relief,” Fed. R. Civ. P. 8(a)(2), “in order to give the defendant fair notice of
what the claim is and the grounds upon which it rests.” Twombly, 550 U.S. at 555 (quotation and
alteration omitted). “Although a complaint need not contain detailed factual allegations,
‘threadbare recitals of the elements of a cause of action, supported by mere conclusory statements,’
are not entitled to an assumption of truth.” Martin Res. Mgmt. Corp. v. Fed. Ins. Co., 2021 WL
4269565, at *2 (5th Cir. Sept. 20, 2021) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009))
(alteration omitted). “Factual allegations must be enough to raise a right to relief above the

speculative level ....” Twombly, 550 U.S. at 555. Accordingly, “a complaint must contain
sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face,’”
such that its “factual content ... allows the court to draw the reasonable inference that the defendant
is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 556).
“The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a
sheer possibility that a defendant has acted unlawfully.” Id. (quoting Twombly, 550 U.S. at 556).
Carter’s complaint does not contain sufficient factual allegations to comport with the
requisite pleading standard. In each count, she lists a handful of claims, followed by a list of all

34 R. Doc. 23 at 1 n.1.
35 R. Doc. 22-1 at 9.
defendants in the action, and, thereafter, lists “actions” and “inactions” that amount to nothing
more than conclusory statements.36 In these threadbare and conclusory recitals, Carter fails to
make plain (1) which claims are asserted against which defendants; and (2) whether any facts exist
that relate to the essential elements of each claim. For example, apart from her claimed breaches

of the CBA, Carter cites no conduct on the part of the Union that entails an adverse employment
action, an essential element of a § 1981 claim. See Pegram v. Honeywell, Inc., 361 F.3d 272, 281
(5th Cir. 2004) (discussing the essential elements of a 42 U.S.C. § 1981 claim, which include that
a plaintiff must suffer an adverse employment action). Carter’s complaint, characterized by the
Union as “a rambling narrative,”37 provides no supporting factual allegations to elevate these
claims from anything more than conclusory assertions.38 Further, absent identification of specific
claims asserted against specific defendants, the complaint fails to give fair notice to the Union of
its alleged wrongs. Consequently, Carter’s unspecific complaint, replete with conclusory
statements and conjecture, fails to satisfy the pleading requirements set forth in Rule 8, Twombly,
and Iqbal. Although pro se complaints are to be construed liberally, they must still conform to

established pleading standards. Thus, the remaining claims asserted against the Union are
dismissed with prejudice.
IV. CONCLUSION
Accordingly, for the foregoing reasons,
IT IS ORDERED that the Union’s motion to dismiss (R. Doc. 23) is GRANTED.

36 See, e.g., R. Doc. 1 at 35-39.
37 R. Doc. 23-1 at 2.
38 See R. Doc. 1 at 35-53.
IT IS FURTHER ORDERED that all of Carter’s claims against the St. Tammany
Federation of Teachers and School Employees, Deborah Green, and Patricia Craddock are
DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 24th day of February, 2022.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10187532. Public record. Not legal advice.