Opinion

Thomas v. Columbus City Schools (Columbus Board of Education)

Court
District Court, S.D. Ohio
Filed
Apr 11, 2022
Cited by
0 cases
Authority
More cited than 28.3%

“Nathan’s first contention is that a dismissal based upon the statute of limitations is not a decision on the merits. We disagree. A summary judgment on the basis of the defense of the statute of limitations is a judgment on the merits.”

How later courts described this case

  • “Nathan’s first contention is that a dismissal based upon the statute of limitations is not a decision on the merits. We disagree. A summary judgment on the basis of the defense of the statute of limitations is a judgment on the merits.”
  • “Moreover, a dismissal for failing to comply with a statute of limitations is a decision on the merits for claim preclusion purposes.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Jessica Thomas, Case No: 2:21-cv-5023

Plaintiff, Judge Graham

v. Magistrate Judge Vascura

Columbus City Schools,

Defendant.

Opinion and Order

Plaintiff Jessica Thomas, proceeding pro se, brings this action under the Family and Medical

Leave Act, 29 U.S.C.§ 2617, against her employer Columbus City Schools. Thomas alleges that she

had been on medical leave and had requested to be “returned to work” on December 17, 2018.

Defendant allegedly demanded that she provide medical documentation to show that she was fit to

return to work. Thomas alleges that she provided such documentation but was not restored to her

position until March 2019, in violation of the FMLA, 29 U.S.C. § 2614.

This matter is before the Court on defendant’s motion to dismiss the complaint. Defendant

argues that the doctrine of res judicata precludes this suit because Thomas previously brought suit on

the same FMLA claim. See Thomas v. Columbus City Schools, Case No. 2:21-cv-1117 (S.D. Ohio)

(Morrison, J.). In the prior suit, Judge Morrison dismissed plaintiff’s FMLA claim as time-barred.

See 29 U.S.C. § 2617(c) (limitations period of two years, except for willful violations, which have a

three-year limitations period).

Under the doctrine of res judicata, “a final judgment on the merits bars further claims by

parties or their privies based on the same cause of action.” Montana v. U.S., 440 U.S. 147, 153

(1979). A claim is barred by res judicata if the following four elements are satisfied: “(1) a final

decision on the merits by a court of competent jurisdiction; (2) a subsequent action between the

same parties or their ‘privies’; (3) an issue in the subsequent action which was litigated or which

should have been litigated in the prior action; and (4) an identity of the causes of action.” Winget v.

JP Morgan Chase Bank, N.A., 537 F.3d 565, 577–78 (6th Cir. 2008).

Here, Thomas brought the exact same FMLA claim in her earlier suit. Judge Morrison

dismissed the claim as follows:

Ms. Thomas alleges that Columbus City Schools violated the FMLA on December

17, 2018, by denying her request to return to work. (Am. Compl., PAGEID #36.)

According to Ms. Thomas, she was told that she “needed to provide a note from

[her] counselor” supporting a return to work, when she had provided only a release

from her physician. (Id.) Ms. Thomas further alleges that Columbus City Schools

“intentionally repeated this FMLA violation” on January 7, 2019” when she “was

told that [she] instead need to provide a note from a psychologist with a PhD,” and

then from a specific psychologist. (Id. at PAGEID #36–37.) Ms. Thomas ultimately

returned to work on March 4, 2019. (Id. at PAGEID #36.) Ms. Thomas initiated

this action two years and eleven days later, on March 15, 2021. (See ECF No. 1.)

Accordingly, Ms. Thomas’s FMLA claim is time-barred unless she has adequately

pled that Columbus City Schools willfully violated the FMLA.

Under Sixth Circuit precedent, “the central inquiry in determining whether a

violation of the FMLA is willful is ‘whether the employer intentionally or recklessly

violated the FMLA.’” Crugher v. Prelesnik, 761 F.3d 610, 617 (6th Cir. 2014) (quoting

Hoffman v. Prof’l Med Team, 394 F.3d 414, 417 (6th Cir. 2005)). “A plaintiff ‘must do

more than make the conclusory assertion that a defendant acted willfully.’” Id.

(quoting Katoula v. Detroit Entm’t, LLC, 557 F. App’x 496, 498 (6th Cir. 2014)). . . . In

this regard, the Amended Complaint falls far short. Ms. Thomas concludes that

Columbus City Schools “intentionally” violated the FMLA, and that its allegedly

offensive actions were “willful.” (Am. Compl., PAGEID #36.) But she alleges no

facts supporting that conclusion. Nothing in the Amended Complaint gives rise to

an inference that Columbus City Schools acted with knowledge that its conduct was

prohibited by the FMLA, or with reckless disregard to Ms. Thomas’s rights under

the FMLA. In short, Ms. Thomas has failed to plead willfulness. Accordingly, her

FMLA claim, as pled, is subject to and barred by the two-year statute of limitations.

Case No. 2:21-cv-1117, Doc. 24 at pp. 8–9.

The Court finds that Judge Morrison’s decision is a final decision on the merits. Plaintiff’s

FMLA claim was dismissed under Rule 12(b)(6), Fed. R. Civ. P. A legal determination that a claim

must be dismissed because it is barred by the applicable statute of limitations constitutes a judgment

on the merits. See Nathan v. Rowan, 651 F.2d 1223, 1226 (6th Cir. 1981) (“Nathan’s first contention

is that a dismissal based upon the statute of limitations is not a decision on the merits. We disagree.

A summary judgment on the basis of the defense of the statute of limitations is a judgment on the

merits.”); Mitchell v. Chapman, 343 F.3d 811, 820 (6th Cir. 2003) (“Moreover, a dismissal for failing to

comply with a statute of limitations is a decision on the merits for claim preclusion purposes.”).

The Court finds that rest of the elements of res judicata are satisfied as well. Thomas sued

the same defendant, Columbus City Schools, in the prior case and in this case. And in the prior suit,

Thomas raised the same issue as she asserts here – that from December 2018 to March 2019

Columbus City Schools unlawfully failed to restore her to the position she had occupied before

taking medical leave. Finally, the causes of action under the FMLA are identical.

It should be noted that Thomas contends that her current FMLA claim is different from her

previous one because she is now alleging that the FMLA violation was willful. This argument must

be rejected. Thomas clearly alleged in the prior suit that the violation was willful. She expressly

asserted that defendant had “intentionally” violated her FMLA’s rights and that “Defendant’s

actions were willful.” Case No. 2:21-cv-117, Doc. 6 (Am. Compl.) at PAGEID #36, ¶¶ 3, 4.

Thomas repeated those allegations in her complaint in this suit. Case No. 2:21-cv-5023, Doc. 8

(Am. Compl.) at PAGEID #32, ¶ 2 (alleging that defendant’s actions in failing to restore her to her

position were “willful and intentional”).

Accordingly, defendant’s motion to dismiss (doc. 9) is GRANTED, and this action is hereby

dismissed.

s/ James L. Graham

JAMES L. GRAHAM

United States District Judge

DATE: April 11, 2022

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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