Opinion

Leopold v. East Baton Rouge Parish School Board

Court
District Court, M.D. Louisiana
Filed
May 15, 2025
Cited by
0 cases
Authority
More cited than 36.4%

“hold[ing] that the settlement proceeds paid to compensate Rivera for his lost wages are subject to income tax withholding”

How later courts described this case

  • “hold[ing] that the settlement proceeds paid to compensate Rivera for his lost wages are subject to income tax withholding”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

WYLETTA LEOPOLD CIVIL ACTION NO.

VERSUS 22-110-JWD-SDJ

EAST BATON ROUGE

PARISH SCHOOL BOARD

NOTICE

Please take notice that the attached Magistrate Judge’s Report has been filed with the Clerk

of the U.S. District Court.

In accordance with 28 U.S.C. § 636(b)(1), you have 14 days after being served with the

attached report to file written objections to the proposed findings of fact, conclusions of law, and

recommendations set forth therein. Failure to file written objections to the proposed findings,

conclusions, and recommendations within 14 days after being served will bar you, except upon

grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and

legal conclusions accepted by the District Court.

ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE

WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE’S REPORT.

Signed in Baton Rouge, Louisiana, on May 15, 2025.

S

SCOTT D. JOHNSON

UNITED STATES MAGISTRATE JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

WYLETTA LEOPOLD CIVIL ACTION NO.

VERSUS 22-110-JWD-SDJ

EAST BATON ROUGE

PARISH SCHOOL BOARD

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Before the Court is a Motion to Reimburse (R. Doc. 46) filed by pro se Plaintiff Wyletta

Leopold on January 17, 2025. Defendant East Baton Rouge Parish School Board opposes

Plaintiff’s Motion (R. Doc. 49). For the reasons set forth below, it is recommended that Plaintiff’s

Motion be denied.

I. BACKGROUND

Plaintiff instituted this action on February 14, 2022.1 In her Complaint, Plaintiff, who was

employed by Defendant at the time, brings claims for violations of Title VII of the Civil Rights

Act of 1964, alleging racial discrimination and retaliation.2 On October 22, 2024, a settlement

conference was held before the undersigned, during which the Parties reached a settlement

agreement.3 Plaintiff agreed to resign from her employment with Defendant, and Defendant

agreed to pay Plaintiff $15,000.4 According to Defendant, a formal settlement agreement was

executed by Plaintiff on December 9, 2024.5 Shortly thereafter, on January 15, 2025, a settlement

check was hand-delivered to Plaintiff.6 The settlement check was in the amount of $10,517.64,

1 R. Doc. 1.

2 Id. at 1.

3 R. Doc. 38.

4 R. Doc. 49 at 2.

5 Id. at 3.

6 R. Doc. 48 at 1.

accompanied by correspondence explaining that a percentage of the $15,000 was withheld to pay

certain federal and state taxes.7 Plaintiff, in response, filed the instant Motion,8 to which Defendant

has filed an Opposition.9

II. LAW & ANALYSIS

In her Motion, Plaintiff argues that because the agreed amount was a settlement, it is not

subject to being taxed.10 As such, Plaintiff seeks reimbursement of the funds withheld to pay

taxes.11 In addition, Plaintiff argues that she also is entitled to receipt of a $2,000 stipend paid to

School Board employees in December 2024, as well as $5,000 “for mental anguish and emotional

distress” associated with Defendant’s alleged failure to pay the full settlement amount.12 The

Court addresses each, in turn, below.

A. Whether Tax Withholdings were Proper

It is not disputed that Plaintiff’s claims are for violations of Title VII. Title VII does not

allow for awards of compensatory or punitive damages; rather, recovery is limited to back wages

and equitable relief. United States v. Burke, 504 U.S. 229, 238 (1992) (citing 42 U.S.C. § 2000e-

5(g)). As explained by the Supreme Court:

… Title VII focuses on legal injuries of an economic character, consisting

specifically of the unlawful deprivation of full wages earned or due for services

performed, or the unlawful deprivation of the opportunity to earn wages through

wrongful termination. The remedy, correspondingly, consists of restoring victims,

through backpay awards and injunctive relief, to the wage and employment

positions they would have occupied absent the unlawful discrimination. Nothing

in this remedial scheme purports to recompense a Title VII plaintiff for any of the

other traditional harms associated with personal injury, such as pain and suffering,

emotional distress, harm to reputation, or other consequential damages.

7 R. Doc. 46 at 1; R. Doc. 49 at 3.

8 R. Doc. 46.

9 R. Doc. 49.

10 R. Doc. 46 at 1.

11 Id. at 2.

12 Id. at 1-2.

Burke, 504 U.S. at 239 (quotations and citations omitted).13 As no injunctive relief was sought,

Plaintiff’s recovery is for back wages.

26 U.S.C.A. § 61(a), which is part of the Internal Revenue Code, defines “gross income”

as “all income from whatever source derived,” with certain specified exclusions. An amount of

damages “received (whether by suit or agreement and whether as lump sums or as periodic

payments) on account of personal physical injuries or physical sickness,” however, is not included

in gross income. 26 U.S.C.A. §104(a)(2). But the Supreme Court specifically held “that the

backpay awards received … in settlement of … Title VII claims are not excludable from gross

income as ‘damages received … on account of personal injuries’ under § 104(a)(2).” Burke, 504

U.S. at 242. Because Plaintiff’s recovery is for back wages, that amount is not excluded from

gross income and, therefore, is subject to income tax withholding. See Rivera v. Baker West, Inc.,

430 F.3d 1253, 1258 (9th Cir. 2005) (“hold[ing] that the settlement proceeds paid to compensate

Rivera for his lost wages are subject to income tax withholding”). As such, Defendant’s tax

withholding was proper.

B. Whether Plaintiff is Entitled to Additional Recovery

In addition to the amount withheld for taxes, Plaintiff also seeks a $2,000 stipend she claims

“was paid to employees in December,” as well as $5,000 “for mental anguish and emotional

distress” incurred as a result of Defendant’s withholding of funds.14 These supplemental requests

by Plaintiff must be denied. This case has been closed, and no new claims may be brought.

On December 9, 2024, the Parties filed a Joint Motion to Dismiss, signed by both Parties,

in which they represented “that all claims in the above entitled and numbered cause have been

13 The Court notes that Plaintiff also seeks recovery for “all medical expenses” and “damages for emotional distress”

in her Complaint, but the only violation alleged is of Title VII.

14 R. Doc. 46 at 1-2.

fully compromised and settled, and should be dismissed with prejudice.”15 Based on Plaintiff’s

own admission, this case has been entirely resolved, and no new claims, such as additional claims

for damages, can be made therein. As such, Plaintiff cannot seek additional recovery in this

litigation.

III. RECOMMENDATION

For the reasons set forth above,

IT IS RECOMMENDED that Plaintiff’s Motion to Reimburse (R. Doc. 46) be DENIED.

Signed in Baton Rouge, Louisiana, on May 15, 2025.

S

SCOTT D. JOHNSON

UNITED STATES MAGISTRATE JUDGE

15 R. Doc. 41 at 1.

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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